§ 98.218. Minor maintenance permit.

A.

Right-of-Way Minor Maintenance Permit Requirement. No person shall perform minor maintenance of facilities in the rights-of-way without first having obtained a right-of-way minor maintenance permit as set forth in this article. Minor maintenance means: (i) the routine repair or replacement of facilities with like facilities not involving construction and not requiring traffic control for more than two hours at any one location; or (ii) the routine repair or replacement of facilities with like facilities not involving construction and taking place on thoroughfares and arteries between the hours of 9:00 a.m. and 3:00 p.m.; or (iii) the routine repair or replacement of facilities with like facilities not involving construction on all rights-of-ways, other than thoroughfares and arterials, that does not impede traffic and is for a period of less than eight contiguous hours; or (iv) construction other than on thoroughfares and arterials that takes less than eight contiguous hours to complete, does not impede traffic and does not involve a pavement cut. The Director of Public Service may adopt rules and regulations pursuant to Section 98.207(E) that clarify the definition of minor maintenance and/or provide a process for a provider to determine whether particular activity constitutes minor maintenance.

1.

A right-of-way minor maintenance permit allows the permittee to perform all minor maintenance in any part of the rights-of-way as required.

2.

A right-of-way minor maintenance permit is valid from the date of issuance until revoked by the Director of Public Service.

3.

A right-of-way minor maintenance permit must be displayed or upon request produced.

4.

A right-of-way minor maintenance permit by itself shall under no circumstances provide a permittee with the ability to cut pavement without seeking additional authority from the Director of Public Service.

B.

Minor Maintenance Permit Applications. Applications for a right-of-way minor maintenance permit shall be made to the Director of Public Service. In addition to any information required by the Director of Public Service, all right-of-way minor maintenance permit applications shall contain, and will only be considered complete upon compliance with the following provisions:

1.

Confirmation that the applicant has obtained a valid certificate of registration or proof that the applicant has written authority to apply for a right-of-way minor maintenance permit on behalf of a party that has been issued a valid certificate of registration.

2.

Submission of a completed right-of-way minor maintenance permit application in the form required by the Director of Public Service.

3.

A statement that the applicant will employ protective measures and devices that, consistent with the Ohio Manual of Uniform Traffic Control Devices or other similar regulations, will prevent injury or damage to persons or property and minimize disruptions to the efficient movement of pedestrian and vehicular traffic.

C.

Issuance of Minor Maintenance Permits; Conditions.

1.

If the Director of Public Service determines that the applicant has satisfied the requirements of this article and the right-of-way minor maintenance permit process, the Director of Public Service shall issue a minor maintenance permit subject to the provisions of this article.

2.

The City may impose reasonable conditions, in addition to rules and regulations enacted by the Director of Public Service, upon the issuance of the right-of-way minor maintenance permit and the performance of the permittee thereunder in order to protect the public health, safety and welfare, to insure the structural integrity of the rights-of-way, to protect the property and safety of other users of the rights-of-way, and to minimize the disruption and inconvenience to the traveling public.

D.

Minor Maintenance Permit Fees. The Director of Public Service shall not charge a fee for the issuance of the right-of-way minor maintenance permit but may revoke the right-of-way minor maintenance permit as described in this article.

(Ord. 266-2018)