[R.O. 1966 C.S. § 22:5-1; Ord. 6 S+FD, 10-20-1993; Ord. 6 S+FC, 5-21-2008 § 2; Ord. No. 6 PSF-E, 12-3-2008 § 1; Ord. 6 PSF-B, 5-6-2009 § 1; Ord. 6 PSF-C, 12-21-2010; Ord. 6PSF-B, 10-1-2014]
a. 
No person shall break up or displace in any way the paved streets, sidewalks, curbs or gutters of the City, or make any excavation or disturb any public property in any of the streets or other public grounds of the City for the purpose of, but not limited to constructing, laying, repairing or removing any underground conduit, pipe, drain, wire, storage tank, sidewalk cellar entrance areaway, tree planting or removal or other service, and the necessary appurtenances thereto, without the written permission of the Director or his duly authorized representative.
b. 
Street and/or Sidewalk Opening.
Fee Deposit
$500
$30 per square foot of pavement or fraction thereof, regardless of size. Alternately, a performance bond can be posted in place of the deposit if the deposit exceeds $3,000. Such bond shall be equivalent to the full value of the otherwise required deposits. Improperly completed restoration of street and/or sidewalk will subject the applicant to drawdown by the City in the amount of $30 per square foot of pavement or fraction thereof regardless of size.
c. 
Street and/or Sidewalk Opening Made by a Public Utility Subject to the State Board of Public Utilities.
Fee Deposit
$500
Public Utilities subject to the jurisdiction of the State Board of Public Utilities shall have the option to post a single $30,000 performance bond or $30 per square foot of pavement or fraction thereof, regardless of size. Improperly completed restoration of street and/or sidewalk will subject the Public Utility to a drawdown by the City in the amount of $30 per square foot of pavement or fraction thereof regardless of size.
d. 
No person shall break or displace in any way, any of the paved streets, sidewalks, curbs or gutters of the City for a period of five years from the date such street is paved or repaved or a sidewalk, curb or gutter is constructed or reconstructed, except to connect utilities in the event of new construction of permanent structures, or except in an emergency declared in writing by the applicant to the Director of the Department of Engineering and approved by the Director, or in the alternate, if the work is of such emergent circumstances, the opening shall be permitted in advance of permit issuance as long as an emergency is declared in writing by the applicant to the Director of the Department of Engineering within 72 hours following the initiation of the work so performed. If the Director of the Department of Engineering formally determines in writing that a valid emergency did not exist then the applicant shall be liable for the penalties set forth in Section 29:5-32 of this Article and an additional payment of the permit fee in an amount equivalent to three times the normal permit fee.
e. 
No permit fees shall be charged for work performed by City personnel or by a contractor performing work for the City, under contract with the City, however non-cost permits must be secured for purpose of record maintenance.
f. 
No person shall backfill and restore any excavation of any street, sidewalk, curb or gutter for which a permit is required without having an authorized representative of the Director present for inspection and supervision of the backfill/restoration work. Any person violating this subsection shall be subject to a fine of $100. If backfill/restoration work must be performed on an emergency basis and inspection/supervision by authorized City personnel could not be arranged in time and did not occur, the permit holder must have declared an emergency in writing and subsequently provide a detailed account of the nature of such emergency to the Director within 72 hours following the initiation of the work performed. If after such notice the Director formally determines in writing that a valid emergency did not exist, then the applicant shall be subject to a fine of $100 per day of violation commencing on the day that the backfill/restoration work began. In no event shall a fine imposed under this subsection exceed $2,000.
[R.O. 1966 § 22:5-2; Ord. 6 S+FF, 5-21-2008 § 1]
a. 
Except as herein provided no permission pursuant to Section 29:5-1 shall be granted until there shall be deposited with the City a sum sufficient to cover the estimated cost of restoring and protecting against settlement such sidewalk, curb, gutter, pavement, street surface or other public property, including the expense of inspection thereof. Upon the completion thereof, any balance remaining shall be returned to the applicant.
b. 
Whenever application for such permit is made by any department, bureau or board of the City, County or State, or by any gas, electric, telegraph, railway company or other public utility, the Director may, in his discretion, issue such permit without the payment of the deposit required by the provisions of the preceding paragraph; provided that the Director shall, after restoration of the sidewalk, curb, gutter, pavement, street surface or other public property, collect from such department, bureau, board or company, the cost to the City of such restoration and the inspection thereof.
c. 
All restoration permit deposits that have not been claimed prior to January 1, 2005, are transferred from the Street and Sidewalk Obstruction Fund Account to a new Street/Sidewalk Account to be specifically used for restoration, street paving, sidewalk construction, and street/sidewalk emergency repairs. This account shall be established by the Department of Finance.
d. 
The request for refunds from the deposit fund must be submitted within one year from the date the permit was issued, in order to process the refund request. Any refunds requested after a year from the date of the permit, would require the submittal of a request for permit extension to the Traffic Engineer, or his/her designee, who is responsible for issuing the required extension. However, if extension is denied, the restoration deposit shall be forfeited, and the deposit amount will be transferred to the new Street/Sidewalk Account to be used for the purpose of restoration, street paving, sidewalk construction, and street/sidewalk emergency repairs.
e. 
Person(s) requesting a refund of their restoration fee deposit who have not restored their street/sidewalk according to specifications will be given a thirty-day time period from the initial inspection date to restore their street/sidewalk. After expiration of the thirty-day period if the person/s have not complied with the City's requirements, their restoration deposit will be forfeited, and the deposit would then be transferred to the new Street/Sidewalk Account to restore the street/or sidewalk properly.
[R.O. 1966 § 22:5-3]
Whenever any pavement, sidewalk, curb, gutter, street surface or public property is broken up or displaced it shall be restored to its proper condition as soon thereafter as is practicable by the Construction Official, or, upon permission of the Construction Official, by the person who has broken up or displaced the same. Such restoration shall be performed under the rules and regulations established by the Director and in a manner which, upon completion, shall be satisfactory to the Director.
[R.O. 1966 § 22:5-4]
It shall be unlawful for any person to fill in or excavate, or to cause to be filled in or excavated, or to take up, remove or carry away, or to cause to be taken up, removed or carried away any turf, stone, sand, clay or earth from any street or public place or any part of such street or public place without first obtaining the approval and written permission of the Director or his authorized representative under penalty of a fine of not more than $500 for each offense, or imprisonment for a term not exceeding 90 days or both such fine and imprisonment.
[R.O. 1966 § 22:5-5; Ord. 6 S+FI, 4-19-2006 § 1]
Failure of any person to comply with any of the provisions of this Article shall be deemed sufficient cause for revocation of a permit already granted. Also, such person shall, upon conviction thereof, be punished as provided in Section 1:1-9 of these Revised General Ordinances, in addition to paying the expense of restoring to its proper condition any pavement, sidewalk, curb, gutter, street surface or public property broken up or displaced contrary to the provisions of this Article.
In addition thereto, no other permit for the opening of any other street or sidewalk shall be granted at any other location until such time as the existing site is restored to its proper condition. If the issued permit is associated with the new construction or renovation of any edifice, then the issuance of a certificate of occupancy for that premises shall be withheld by the Construction Code Official until such time that the aforementioned public property is restored to its proper condition.