South Amherst City Zoning Code
PART NINE
STREETS, UTILITIES AND PUBLIC SERVICES CODE
CHAPTER 925 Sewers
EDITOR’S NOTE: Pursuant to Ordinance 899, passed August 26, 1996, the Village has agreed to participate in the creation of a Regional Sewer District. This chapter is reserved for any future legislation.
CROSS REFERENCES
Power to license sewer tappers and vault cleaners - see Ohio R.C. 715.27
Power to regulate water closets and privies - see Ohio R.C. 715.40
Power to construct sewage system - see Ohio R.C. 715.40, 717.01
Compulsory sewer connections - see Ohio R.C. 729.06
Sewerage rates - see Ohio R.C. 729.49 (by Council)
Regulations to control house sewers and connections - see Ohio R.C. 729.51
Weekly deposit of sewer rentals collected - see Ohio R.C. 729.52
Untreated sewage - see Ohio R.C. 3701.59
Interference with sewage flow - see Ohio R.C. 4933.24
Sewerage districts - see Ohio R.C. 727.44 et seq.
Assessments - see Ohio R.C. Ch. 729
Household sewage disposal systems - see OAC Ch. 3701-29
901.01 ESTABLISHMENT OF GRADE.
The Village Zoning Inspector shall establish a grade for sidewalks within the Village in accordance with rules and regulations established by the Service -Street-Sidewalk Committee of Council. (Ord. 1736-22. Passed 6-27-22.)
901.02 PERMIT REQUIRED.
No new sidewalk shall be laid within the Village without a permit issued by the Zoning Inspector. The sidewalk shall be laid in accordance with the grade established by the Zoning Inspector and in accordance with other provisions of this chapter. The fee for such permit shall be established by the Service-Street-Sidewalk Committee of Council.
(Ord. 1736-22. Passed 6-27-22.)
901.03 REPAIR OR REPLACEMENT.
Extensive repairs or replacement of existing sidewalks shall have the approval of the Zoning Inspector according to the rules and regulations established by the Service-Street-Sidewalk Committee of Council.
(Ord. 1736-22. Passed 6-27-22.)
901.04 MAINTENANCE.
All sidewalks shall be maintained in a safe and passable manner. Elevations between stone slabs or concrete sections shall not vary by more than one (1) inch.
(Ord. 1736-22. Passed 6-27-22.)
901.05 CONCRETE REQUIREMENTS.
All sidewalks constructed or repaired within the Village shall be made of concrete material four (4) feet wide and not less than four (4) inches thick, or stone slabs four (4) feet wide and not less than two and one-half (2 ½) inches thick.
(Ord. 1736-22. Passed 6-27-22.)
901.06 DRIVEWAYS.
(a) Where a driveway is of loose stone or gravel, said stone or gravel shall not cover the sidewalk. A through sidewalk must be maintained through the driveway and must meet the above sidewalk requirements.
(b) An existing sidewalk shall not be removed to avoid compliance with this chapter.
(c) Businesses, churches, schools, and other property owners may have a driveway constructed of asphalt (blacktop) and not have a sidewalk, provided the sidewalk area is designated by white lines if it is on business, church, or school property. White lines shall not be required for other property owners.
(Ord. 1736-22. Passed 6-27-22.)
901.07 COMPLIANCE REQUIRED.
Any sidewalk laid within the Village in any manner inconsistent with this chapter, on the recommendation of the Zoning Inspector or the Service-Street-Sidewalk Committee of Council, shall be ordered re-laid to the proper grade and in accordance with other provisions of this chapter. Upon failure of the property owner to make the changes so ordered within forty-five (45) days, the work may be done by the Village and the cost thereof collected as provided by law.
(Ord. 1736-22. Passed 6-27-22.)
901.08 NOTICE TO COMPLY.
The Zoning Inspector shall serve written notice by regular and certified mail upon any person or property owner whose sidewalk does not comply with the provisions of this chapter. Such person shall have forty-five (45) days to correct the defect. Each day of failure to comply with this section shall constitute a separate offense.
(Ord. 1736-22. Passed 6-27-22.)
901.99 PENALTY.
Whoever violates any of the provisions of this chapter shall be guilty of a minor misdemeanor. (Ord. 1736-22. Passed 6-27-22.)
905.01 INSTALLATION OF TILES REGULATED.
No person, firm or corporation shall engage in the business of filling in ditches or laying tiles or other objects in ditches located within the road allowances as provided on the public plats of such roads and streets within the Village, nor shall any person, firm or corporation, install, alter or repair such tiles or pipes within said ditches or within such road allowances, or fill up such ditches within such road allowances aforesaid, without first securing written approval from the Zoning Inspector, according to such rules and regulations and specifications and plans for such ditch and drainage matters as provided by the Service Committee of Council.
(Ord. 629. Passed 9-13-82.)
905.02 EXCEPTIONS.
The use of 12" Smooth Wall ADS Plastic Culvert pipe is permitted provided however that said pipe is imbedded in #304 or #411 stone as outlined in 703 of the Construction and Material Specifications of the State of Ohio Department of Transportation Manual.
(Ord. 862. Passed 5-8-95.)
905.03 RULES AND REGULATIONS.
(a) No permit necessary for temporary driveways.
(b) Minimum 24 foot length x 12 inch diameter reinforced concrete or equal strength pipe across driveways.
(c) Every drainage ditch tile must be 12 inch minimum in diameter.
(d) Drainage ditch tile must have either a stand pipe every 12 feet to drain highway or 12 inch perforated pipe.
(e) Grade must be set by Zoning Inspector and/or Engineer.
(f) Zoning Inspector must inspect pipe before it can be covered.
905.99 PENALTY.
Whoever violates this chapter shall be guilty of a minor misdemeanor and each day without such written approval of said Zoning Inspector shall constitute a separate offense.
(Ord. 629. Passed 9-13-82.)
909.01 NEWSPAPER TUBES OR CONTAINERS PROHIBITED IN RIGHT OF WAY.
(a) No person shall use any street or sidewalk area, including the lateral strip areas between the street and sidewalks, for the erecting and maintaining of any tubes or other containers for the receipt of newspapers.
(b) This section shall not apply in any rural type area within the Village where the mail is delivered by motor vehicle aka mounted route as opposed to foot delivery of the mail.
(c) Whoever violates this section shall be guilty of a minor misdemeanor for the first offense and a misdemeanor of the fourth degree for second or subsequent offenses.
(Ord. 588. Passed 11-12-79.)
909.02 TREE MAINTENANCE.
All trees, however, which are located in that portion of a yard commonly known as a “tree lawn” or “curb lawn” and street right of way shall be maintained at the expense of the Municipality.
(Ord. 698. Passed 10-12-87.)
909.03 PLACING TRASH ON THE CURB LAWN.
(a) Sanitation, trash and related matters shall not be placed on the curb lawn before 12:00 noon on the day before designated pick-up. Empty containers must be removed from the curb lawn before noon on day after designated pick-up.
(b) Anyone who violates this section shall be guilty of a minor misdemeanor.
(Ord. 669. Passed 5-13-85.)
921.01 BACKFLOW PROTECTION.
To provide an effective means for protecting the public water system from contamination due to backflow of contaminants through the water service connection into the public water system.
(a) That if, in the judgment of the Operator of Record, an approved backflow prevention assembly is necessary for the safety of the public water system, the Operator of Record will give notice to the water consumer to install such an approved assembly immediately. The water consumer shall, at his own expense, install such an approved assembly at a location in a manner approved assemblies as required by the Operator of Record.
(b) That no person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the Village of South Amherst may enter the supply or distributing system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Operator of Record of South Amherst and by the Ohio Environmental Protection Agency.
(c) That it shall be the duty of the Operator of Record to cause surveys and investigations to be made of industrial and other properties served by the public water supply where actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated as often as the Operator of Record shall deem necessary.
(d) That the Operator of Record of South Amherst or his or its duly authorized representative shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the Village of South Amherst for the purpose of inspecting the piping system or systems thereof. On demand the owner, lessees or occupants of any property so served shall furnish to the Operator of Record any information which he may request regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the Operator of Record, be deemed evidence of the presence of improper connections as provided in this ordinance.
(e) That the Operator of Record of the Village of South Amherst is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this ordinance is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions shall have been eliminated or corrected in compliance with the provisions of this ordinance.
(Ord. 1786-23. Passed 11-13-23.)
921.02 DEPOSIT REQUIRED; TERMINATION OF DELINQUENT ACCOUNTS; HABITUAL DELINQUENT ACCOUNTS.
The following deposit schedule is established for water users of the Village of South Amherst, Ohio, whether commercial or residential:
(a) Tenants shall deposit the sum of one hundred dollars ($100.00) with the Village before water services will be granted to said tenant. The Village shall retain the deposit so long as the tenant remains within the Village as a tenant.
(b) New owners shall deposit the sum of one hundred dollars ($100.00) with the Village before water service will be granted, and the Village shall retain the deposit for twelve months. After the end of twelve consecutive months, the deposit shall be credited to the existing water account. If an owner moved from one location to another within the Village after twelve months, this section shall not apply.
(c) If an owner moves out of their home, and enters into a tenant rental situation, the owner shall be required to maintain a one hundred dollar ($100.00) security deposit on file unless that tenant has the water bill put in their name along with a one hundred dollar ($100.00) security deposit. (See 921.01(a) for tenant security deposit rules).
(d) New Commercial customers shall deposit the sum of two hundred dollars ($200.00) with the Village before water service will be granted to said applicant. The Village shall retain the deposit for twelve months. After the end of twelve consecutive months, the deposit shall be credited to the existing water account.
(e) Leased/Rented Commercial businesses shall deposit the sum of two hundred dollars ($200.00) with the Village before water service will be granted to said applicant. The Village shall retain the deposit while the lessee is leasing/renting the business.
(f) Any account for a service address which is delinquent in payment sixty days shall have water service terminated according to guidelines established by the Village of South Amherst. Said water service shall not be restored until the delinquent bill is paid in full, and a deposit of two hundred dollars ($200.00) placed with the Village to be returned only upon the termination of the tenancy, in the case of a tenant; and twenty-four months in the case of an owner. See Section 921.05 TURN-ON FEE.
(g) A habitual delinquent account which is delinquent in payment forty-five days shall have water service terminated according to guidelines established by the Village of South Amherst. Said water service shall not be restored until the delinquent bill is paid in full, and a deposit of two hundred dollars ($200.00) placed with the Village to be returned only upon the termination of the tenancy, in the case of a tenant; and twenty-four months in the case of an owner. For purposes of this chapter, an account is deemed a habitual delinquent account when one or more times in the preceding twelve months said account has been sixty or more days delinquent in payment. See Section 921.05 TURN-ON FEE.
(h) The owner of the premises receiving water service from the Village of South Amherst and the premises is occupied by a tenant or other occupant who has registered with the Village to be billed for water usage, the owner of the premises may request to receive copies of all billings to the occupant or tenant of the premises. A fee is fixed at twenty-five dollars ($25.00) per calendar quarter for such services.
(i) The Village may apply the deposit against any outstanding delinquencies of the tenant/owner. Failure of the tenant/owner to keep the deposit at a level consistent with this section shall be cause for termination of water service according to guidelines established by the Village of South Amherst.
(Ord. 1786-23. Passed 11-13-23.)
921.03 CHARGES MAY BE COLLECTIBLE AS LIENS.
(a) All charges for water usage are assessed against the property to which the service is rendered and are a lien against said property collectible as other liens and taxes. Transfer of ownership of property connected to the water system of the Village of South Amherst shall not relieve the property of responsibility for charges assessed against the property.
(b) Any Village utility account established and maintained in the name of a tenant, lessee or other person or party for water provided to the premises shall not relieve the property or the owner of the property for liability for water charges.
(c) If water charges for a premises have not been paid after due and payable, the Village may do either or both of the following:
(1) Certify said charges, together with the interest and penalties allowed by law to Lorain County Auditor, to be placed on the tax list and duplicate for said property, for which such water charges were rendered thereto.
(2) Collect the charges by actions at law in the name of the Village from an owner, tenant, or other person who is liable to pay the rents or charges.
(Ord. 1786-23. Passed 11-13-23.)
921.031 CHARGES PAID THROUGH SALE OF PROPERTY.
(a) No person, agent, firm, or corporation shall sell, convey, exchange or otherwise transfer by deed, lease, land contract, or otherwise, any interest in any real property located within the corporate limits of the Village, which is supplied with water services by the Village, without holding five hundred dollars ($500.00) in escrow until such proof of payment has been furnished to the escrow agent by the water department
(b) Any party to a sale, exchange, conveyance or transfer or their agent, may request the Village to read the meter at that property and to render within ten days following the date of the request a final bill for all outstanding water charges. Such request shall be made at least fourteen days prior to the transfer of the title of said property.
(c) No person, agent, firm, or corporation acting in the capacity of escrow agent in any real estate transaction involving the sale of any real property or interest therein located within the corporate limits of the Village, which is serviced or supplied with water services by the Village, shall disburse any funds until the provisions of subsection (a) hereof have been complied therewith.
(1) The property owner (seller) is responsible to ensure that five hundred dollars ($500.00) be held in escrow with the title company and provide proof as evidence in the purchase agreement.
(2) Any remaining balance not paid by the escrow account or proceeds of sale, will be the sole responsibility of the new property owner (buyer) once property is transferred.
(d) The provisions of this section shall not bar or prejudice the rights the purchaser may have against the prior owner of the property for reimbursement of any charges as provided herein incurred prior to the transfer of title for the property or any other rights that the purchaser may have against the prior owner of the property, subject to the provisions of this section.
(Ord. 1786-23. Passed 11-13-23.)
921.04 USER FEES AND WATER RATES.
(a) The Village does hereby establish user fees of fifteen dollars and twenty-five cents ($15.25) per month. User fees shall be used for capital improvements for the Village water distribution system and shall not be applied to payment of salary, wages, and benefits of:
(1) The Village does hereby establish water rates for the Village of South Amherst with an initial increase to nineteen dollars ($19.00), then an annual increase of three percent (3%) through 2026.
Remainder of 2023 | Jan-2024 | Jan-2025 | Jan -2026 | |
p/first 1000 gallons/monthly minimum | 19.00 | 19.57 | 20.16 | 20.76 |
p/1000 gallons over the first 1000 gallons | 19.00 | 19.57 | 20.16 | 20.76 |
(b) The Village does hereby establish user fees of twenty dollars ($20.00) per month. User fee shall be used for capital improvements for the Village water distribution system and shall not be applied to payment of salary, wages, and benefits of the Village employees.
(c) Current rates for water usage for the minimum 1,000-gallon p/month and usage above the minimum of 1,000 gallons p/month shall remain in effect until the effective date of the new rates.
(d) The Village does hereby establish bulk water rates for the Village of South Amherst with a six percent (6%) initial increase lasting the next three (3) years as set forth below and shall require a six hundred dollar ($600.00) deposit which is to be deducted from the final invoice or refunded upon payment of balance in full.
Jan-2023 | Jan-2024 | Jan-2025 | Jan-2026 | |
p/1000 gallons for bulk hydrant rate | 22.48 | 22.48 | 22.48 | 22.48 |
(Ord. 1786-23. Passed 11-13-23.)
921.05 TURN-ON FEE.
The Village of South Amherst is hereby authorized and shall impose a fee to all water users for turning on water service to any resident and/or address and/or account. Effective Otober 1, 2024.
Said fees shall be as follows:
(a) Fifty dollars ($50.00) for all turn-ons taken place during scheduled working hours.
(b) Seventy-five dollars ($75.00) for all turn-ons taken place after scheduled working hours. (Ord. 1807-24. Passed 8-12-24.)
921.06 TEMPORARY RESTRICTIONS.
(a) The Village Administrator and the Mayor, are hereby authorized, during emergencies or during periods of temporary problems relative to the supply, production or distribution of water, to restrict the use of water with any action deemed necessary in order to best provide for the protection of life and property, and for the ultimate welfare of the Village residents.
(b) Actions taken pursuant to this section shall be reported to Council.
(c) Any person who fails to obey the action taken pursuant to this section shall be deemed guilty of a minor misdemeanor. (Ord. 1786-23. Passed 11-13-23.)
921.07 STORM SEWER TAP-IN OR MODIFICATION TO EXISTING TAP.
(a) It shall be unlawful for any person to alter or install a new tap-in to the Village of South Amherst stormwater system, without first obtaining an approved permit from the Village Administrator.
(b) Before any modification or installation of a new tap-in shall begin, the applicant shall submit a permit application along with a duplicate drawing of detailed plans and specifications of the proposed work. One set of plans and specifications are to be returned to the applicant upon approval or disapproval, with the second set to be kept by the water department.
(c) Detailed plans and specifications shall be approved by the Village Administrator or their designee for all modifications or new tap-in applications.
(d) Check valves must be in existence or installed and exposed prior to final inspection by the Village Administrator or their designee.
(e) Failure of owner to obtain a permit prior to commencement of work shall result in a permit fee amount equivalent to original permit fee plus two times the permit fee amount. It is the property owner's responsibility to have the application filed and fee paid.
(f) Permit Fee for a new tap-in will be five hundred dollars ($500.00). Permit fee for a modification will be one hundred dollars ($100.00).
(g) A refund of fifty dollars ($50.00) will be made to the property owner upon final inspection of approved project by the Village Administrator or their designee.
(Ord. 1786-23. Passed 11-13-23.)
921.08 MONTHLY BILLING PERIODS.
Billing periods for the payment of water bills to the Village of South Amherst is hereby established for both residential and commercial users and is hereby established as monthly billing periods, and all penalties for late payment shall be based upon monthly billing periods.
(Ord. 1786-23. Passed 11-13-23.)
921.081 ACCEPTANCE OF PAYMENTS.
All payments of the South Amherst Utilities, including those previously made payable to the South Amherst Board of Public Affairs, the SABPA, the South Amherst Board of Trustees of Public Affairs, South Amherst Utilities, or SAU, shall be accepted as valid forms of payment for water bills and other utility services.
(Ord. 1789-23. Passed 11-27-23.)
921.09 TAP-IN FEES.
(a) Only an authorized agent, appointed by the Village Administrator or an employee of the Municipal Water Department shall be permitted to tap mains and install services to the curb. An estimate for installing the services must be obtained by an employee of the Municipal Water Department and a deposit shall be required from the owner before the work is started. The deposit shall be fifty percent (50%) of the estimate obtained by the Municipal Water Department.
The fee for such services of tapping said main and installing services to the curb shall be the cost of materials and labor plus ten percent (10%).
(b) In addition the meter charge shall be payable by the person requesting such service and shall be paid to the collector of water works bills upon written application for such service.
(Ord. 1786-23. Passed 11-13-23.)
921.10 APPLICATION FOR INITIAL INSTALLATION OF SERVICES.
All applications for use of water must be on forms provided by the Clerk of the South Amherst Water Department, and same returned to Clerk, and must state truly and fully the uses to which the water is to be applied, and the correct street number of the premises to be supplied.
(Ord. 1786-23. Passed 11-13-23.)
921.11 SUPPLY TO UNAUTHORIZED PERSONS FORBIDDEN.
No owner, or occupant of any premises supplied from the water works, will be allowed to supply water to any other person, without the express written authority from the Village Administrator. Each premise must be supplied with independent service pipe from the main.
(Ord. 1786-23. Passed 11-13-23.)
921.12 TAPPING OF MAINS, AND INSTALLING SERVICES.
Only an authorized agent, appointed by the Village Administrator or an employee of the Municipal Water Department shall be permitted to tap mains and install services to the curb. The fee for such services of tapping said main and installing services to the curb shall be payable by the person requesting such services and to be paid to the collector of water works bills, on written application for such services. (Ord. 1786-23. Passed 11-13-23.)
921.13 TURNING ON OR OFF WATER SERVICE.
No person, without proper authority from the Village Administrator or their designee shall turn on, or shut off the water from any premises. In case the property owner or occupant of any premises supplied with water desires the water service temporarily discontinued for a period not to exceed six months, they shall apply to the Clerk, or give notice in writing to the Village Administrator and shall pay all amounts then owing. A charge will be made for reconnecting service when temporary disconnection is made under this section.
(Ord. 1786-23. Passed 11-13-23.)
921.14 FRAUDULENT USE OF WATER.
No person or family supplied with water by the municipal water works will be permitted to use the water for any other purpose than applicants, residents or businesses. Nor shall they permit others to use the hose or attachments or leave them exposed to use by others, when supplied with water from their premises. For willful or unreasonable waste, concealment or neglect or violation of any of these rules, the Village Administrator reserves the right to stop the supply of water and demand payment for all water supplied.
(Ord. 1786-23. Passed 11-13-23.)
921.15 INJURY TO WATER FIXTURES.
No person shall remove, obstruct, or in any way injure any fire hydrant, valves, valve box or cover, stop cocks, stop cock covers or boxes, or in any manner injure or tamper with, any property of the municipal water works under penalty of law.
(Ord. 1786-23. Passed 11-13-23.)
921.16 TAMPERING WITH METERS.
(a) If the Village Administrator or their designee finds there has been unauthorized modification tampering to any water measuring and metering equipment, the water shall be shut off, and shall not be turned on again until the consumer or owner of the premises shall pay the estimated quantity of water which has been used and not registered, and in addition to the turning off/on fee as provided in Section 921.05, there shall be a fee of five hundred dollars ($500.00).
(b) The criminal laws of the State of Ohio, provide severe penalties for the tampering with water meters, meter seals, etc. The penalties herein are in addition to the penalties provided by the criminal laws of the State of Ohio and by making payment herein above will not in any way relieve any person from criminal prosecution.
(Ord. 1786-23. Passed 11-13-23.)
921.17 UNREASONABLE USE OF WATER.
No consumers of water shall make unreasonably large use of water, or suddenly draw a large quantity from the mains to the detriment, damage or disadvantage of other consumers of water. (Ord. 1786-23. Passed 11-13-23.)
921.18 REPEALED.
921.19 METER OWNERSHIP, CONTROL AND REPAIR.
(a) All services must be metered. Water meters shall be furnished and set by the Water Department and installation paid for by the owner of the property. All ordinary repairs and renewals of water meters shall be paid for by the Water Department. All ordinary repairs and renewals of damage by freezing, hot water, carelessness or abuse, shall be charged to the property owner or tenant. The size of meter, tap, service, etc., shall be subject to approval of the Village Administrator.
(b) The water customer may request their meter be tested for accuracy. They will be responsible for the cost of testing the meter if the meter passes. If the meter does not pass, the water department will pay for the cost of testing and adjust the customer's water bill using a six-month average, and will replace the meter.
(Ord. 1786-23. Passed 11-13-23.)
921.20 METER BOXES WHERE REQUIRED.
On property where there is no cellar or suitable place for a meter or services over 100 feet, a meter box or meter vault will be required and expense of same must be borne by the property owner. (Ord. 1786-23. Passed 11-13-23.)
921.21 COLLECTION OF WATER CHARGE.
The Village Council of South Amherst shall determine where and by whom payment of water charged will be collected. (Ord. 1786-23. Passed 11-13-23.)
921.22 LATE PAYMENT PENALTIES.
All bills must be paid on the payment due date on which they become due. A penalty of ten percent (10%) of the minimum charge will be added to the bill if not paid on or before the due date. If water is shut off for nonpayment, a charge will be made for turning water on again as provided in Section 921.05. (Ord. 1786-23. Passed 11-13-23.)
921.23 INSPECTION OF PREMISES.
The Village Administrator or their designee must at all reasonable hours be permitted to have free access to all parts of the premises and buildings supplied with water service for the purpose of inspecting and examining fixtures, and for reading, repairing, removing or installing meters. (Ord. 1786-23. Passed 11-13-23.)
921.24 MATERIALS OF WATER SERVICES.
Three-fourth inches (3/4") (minimum in street) and one inch (1") copper tubing, and six inches (6") over cast iron. All copper pipe, corporation stops, curb stops, and curb boxes shall be as designated by the Village Administrator. Location of curb boxes shall be determined by the Village Administrator and/or designee.
(Ord. 1786-23. Passed 11-13-23.)
921.25 SERVICE LINES.
Service lines from the main to the curb box will be maintained at the expense of the municipal water works. Service lines from the curb box to the premise shall be installed by the consumer under the supervision of the Village Administrator or their designee and shall be maintained at the expense of the consumer. All service lines must be at least four feet underground. (Ord. 1786-23. Passed 11-13-23.)
921.26 STOP AND WASTE COCK (SHUT OFF VALVE) ON PREMISES.
In addition to the stop cock or shut off valve, near the curb, furnished by the Water Department each attachment must, at the expense of the consumer, be provided with a stop and waste cock or shut off valve, conveniently placed inside the premises under the control of the occupant, to be used in case of breakage of the pipes or fixtures, or for making repairs, and to prevent freezing. If the pipe enters the house, a stop and waste cock or shut off valve must be placed just where the pipe comes into the premises.
(Ord. 1786-23. Passed 11-13-23.)
921.27 INSPECTION OF SERVICE PIPE AND FIXTURES.
All service pipes and fixtures must be subject to inspection and approval by Village Administrator or their designee. No person except the Village Administrator or their designee will be permitted to turn the water on or off to any premises.
(Ord. 1786-23. Passed 11-13-23.)
921.28 STEAM BOILERS AND GAS ENGINES.
Steam users taking their supply of water for their boilers or users taking their supply of water for cooling gas engines, and depending on the pressure in the mains for supplying such services, will do so at their own risk. Such consumers should provide themselves with tanks or cisterns to furnish a temporary supply in case of stoppage of water from accident or other necessary causes. (Ord. 1786-23. Passed 11-13-23.)
921.29 USE OF FIRE HYDRANTS.
The fire hydrants are intended primarily for the use of the Fire Department of the Village of South Amherst for fighting fires. Vendors doing approved projects within the Village may obtain permission from the Village Administrator and/or the Mayor to obtain a water supply from a fire hydrant. They must have a proper air gap device and use the Water Department meter. The rate for water used will be based upon the current rate and the amount of water used for such purpose as stated in Section 921.04. Drawing of water from fire hydrants by an unauthorized person is strictly forbidden and violation of this rule will constitute an offense as set forth in Section 921.99.
(Ord. 1786-23. Passed 11-13-23.)
921.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the fourth degree. Each day on which a violation occurs or continues shall be deemed a separate offense. Whoever violates any provision of this chapter will also be required to pay three times the amount of the normal permit cost.
(Ord. 1786-23. Passed 11-13-23.)
929.01 PURPOSE AND SCOPE OF CHAPTER .
(a) The purpose of this Chapter is to provide requirements for the use or occupation of any and all Rights of Way and Public Property in the Village, the issuance of Permits to Persons for such use or occupancy and to set forth the policies of the Village related thereto.
(b) This Chapter does not take the place of any franchise, license, or permit which may be additionally required by law. Each Permittee shall obtain any and all such additional franchises, licenses, or permits necessary to the operations and conduct of its business.
(c) No Person shall use, occupy, own or operate facilities in, under, or over any Right of Way within the Village unless such Person first obtains a Franchise and/or Permit conforming to the requirements set forth therein and in this Chapter.
(d) The policy of the Village with regard to Rights of Way is hereby declared to be:
(1) To promote public safety and protect public property;
(2) To promote the efficient utilization of Rights of Way for the public health, safety, and welfare.
(3) To assure that rights of way are environmentally and aesthetically protected;
(4) To promote economic development in the Village;
(5) To promote the availability of a wide range of utility, communication and other services, including the rapid deployment of new technologies and innovative services, to the Village's citizens and taxpayers at reasonable rates;
(6) To promote cooperation among the Village and Franchisees and Permittees in the occupation of Rights of Way, and work therein, in order to minimize public inconvenience during work in the Rights of Way and avoid uneconomic, unneeded, and unsightly duplication of facilities;
(7) To ensure adequate public compensation for the administration of the regulation of the private use of the Rights of Way; and
(8) To promote and require reasonable accommodation of all uses of Rights of Way and to establish the following priority of use of Rights of Way, when all requested usage of Rights of Way by Permittees cannot be accommodated:
A. The Village;
B. Another governmental entity with Village's concurrence or other uses required by law;
C. Utility Companies;
D. Telecommunications, General Permittees and Franchisees;
E. Special Permittees; and
F. Residential Permittees; provided, however, that the Mayor may reasonably require Right of Way Permittees and Franchisees to cooperate to accommodate use by other Permittees and Franchisees, and may alter this priority when the Mayor reasonably determines a deviation herefrom to be in the public interest.
(e) Nothing in this Chapter should be construed to apply the provisions of this Chapter to facilities owned or operated by the Village or any of its operations.
(f) Unless otherwise specifically stated in a Permit, all Permits or Franchises granted hereunder shall be nonexclusive.
(Ord. 1266. Passed 7-23-07.)
929.02 DEFINITIONS.
For purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this Section 929.02. The words "shall" and “will” are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a) "Applicant" means any Person applying for a permit hereunder.
(b) “Approved" means approval by the Village pursuant to this Chapter or any Regulations adopted hereunder.
(c) "Best Efforts" means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology and human resources and cost.
(d) "Cable Operator" has the same meaning as in section 2 of the "Cable Communications Policy Act of 1984," - 98 Stat. 2779, 47 U.S.C.A. 522, as amended.
(f) "Chapter" or "this Chapter" means this Chapter (929) of the Codified Ordinances of the Village, as amended from time to time and any Regulations adopted hereunder.
(g) "Village" means the Village of South Amherst, Ohio, or as appropriate in the case of specific provisions of the Chapter, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the Village of Blue Ash, or any officer, official, employee, representative or agent thereof, the designee of any of the foregoing, or any successor thereto.
(h) "Contractor" means any individual or company performing or subcontracting to perform the construction or installation of the facilities needed for the rendering of the services being provided by the permittee or franchisee.
(i) "Council" means the Council of the Village of South Amherst, Ohio.
(j) "Mayor" means the Mayor or his/her designee of the Village of South Amherst, Ohio.
(k) "Emergency" means any situation, occurrence, or happenstance that requires and demands immediate attention for the correction, maintenance, or reinstallation of the service provided by the permittee or franchisee to correct or prevent any imminent danger to the safety, health, and welfare of the public.
(l) "Force Majeure" means a strike, acts of God, acts of public enemies, orders of any kind of a government of the United States of America or of the State of Ohio or any of their departments, agencies, or political subdivisions, riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the disabled party, but only to the extent the disabled party notifies the other party as soon as practicable regarding such Force Majeure and then for only so long as and to the extent that, the Force Majeure prevents compliance or causes noncompliance with the provisions hereof.
(m) "Franchise" means the nonexclusive right pursuant to the Constitution and laws of Ohio and/or the United States, granted by the Village pursuant to this Chapter 721 to operate or provide cable television or services to consumers within the Village.
(n) "Permit" means the nonexclusive grant of authority to use or occupy al1 or a portion of Village's Rights of Way granted pursuant to this Chapter.
(o) "Permittee" means any person issued a Permit pursuant to this Chapter to use or occupy all or a portion of the Rights of Way in accordance with the provisions of this Chapter and said Permit.
(p) "Person" means any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not- for-profit.
(q) "Public Property" means any real property, other than Right of Way, except for the last sentence of Section 929.02(u) of this Chapter owned by the Village.
(r) "Public Way" means any public street, road, highway, public easement, or public waterway, and includes the entire width of any right of way associated with any public way.
(s) "Regulation" means any rule adopted by and pursuant to the authority of this Chapter.
(t) "Residential Related Purposes" shall mean residential use of Right of Way for mailboxes, decorative purposes, curb cuts, driveways, irrigation systems and other uses permitted in the Right of Way by ordinance.
(u) "Right of Way" means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right of way now or hereafter held by the Village which shall, within its proper use, entitle a Permittee of Franchisee, in accordance with the teens hereof and of any Permit, to the use thereof for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications, or other services as set forth in any Franchise or any Permit. Right of Way shall also include Public Property, but only to the extent the use or occupation thereof is specifically granted in a Permit or by Regulation.
(v) "Telecommunication" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
(w) "Telecommunication Service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
(x) "Utility" means water, electric, storm sewer, sanitary sewer services, and the companies or agencies providing said service.
(y) "Utility Service Provider" means a natural gas company, local exchange telephone company, interexchange telecommunications company, electric company, or any other person that occupies a public way to deliver natural gas, electric, or telecommunications services.
(z) “Competitive Video Service" means video program provided by a competitive video service provider and provided through wireline facilities located at least in part in the public rights-of-way without regard to delivering technology, including interne protocol technology. This definition does not include video programming provided by a commercial video service provider defined in 47 U.S.C. § 332(d), as defined in Chapter 721.
(aa) “Competitive Video Service Agreement" means the agreement executed by the Village and a competitive video service provider, as defined in Chapter 721.
(bb) “Competitive Video Service Provider" means an entity providing video services that has not executed a franchise agreement wit the Village as of the effective date of this chapter and is not a cable operator, or an affiliate, successor, or assignee of such cable operator, as defined in Chapter 721.
(Ord. 1266. Passed 7-23-07.)
929.03 TYPES OF PERMITS OR FRANCHISES: GRANT OF AUTHORITY.
(a) The following type of Permits and Franchises are available:
(1) Cable Franchise - granted to providers of Cable System;
(3) Telecommunication and Utility Permit - Permit granted to Persons who desire and are granted authority to utilize Rights of Way to provide a public utility and/or telecommunications service, other than Cable Television Service.
(4) Special Permit - Permit granted to Persons for a specific, limited use of the Rights of Way or a specific portion thereof; and
(5) Residential Permit - Permit granted to an adjacent or proximate residential landowner to occupy or use a portion of the Right of Way for Residential Related Purposes.
(b) All Permits shall specify the use or uses for which such Permits or Franchises are granted and contain such other nondiscriminatory terms and conditions as are appropriate and as are set forth in this Chapter or conditions negotiated and agreed to by the Village and the Permittee to provide for the public safety or welfare.
(c) Permits and the rights of Permittees thereunder are not transferable without the express written approval of the Village.
(Ord. 1266. Passed 7-23-07.)
929.04 PROCEDURES FOR PERMITS: TERMS.
(a) Applicants for Cable Franchises shall be granted a Cable Franchise pursuant to Chapter 721 of the Codified Ordinances; provided, however, that a Cable Franchise shall only entitle the Franchisee to utilize the Rights of Way, in accordance with Chapter 721, for purposes directly related to the provision of the Cable Television Service. Any other Right of Way use by such Franchisee shall require a separate Permit.
(b) Applicants for Competitive Video Service Agreement shall be granted to a Competitive Video Service as provided in Chapter 721. Any other use by such Competitive Video Provider shall require a separate permit.
(c) Applicants for Telecommunication and Utility Permits, or renewals thereof, shall file an application therefor, in such form as the Mayor may require, along with an application fee. The Mayor shall determine if the application is in order in accordance with the criteria set forth in Section 929.05 and shall make a final determination within thirty (30) days after the date the permit is applied for as to whether or not such Permit should be granted and, if so, upon what terms and conditions.
(d) Applicants for Special Permits, or renewals thereof, shall file an application therefor, in such form as the Mayor requires along with an application fee. The Mayor shall determine if the application is in order and if so, and if the Mayor also finds, in accordance with the criteria set forth in Section 929.05, that the application should be granted, the Mayor shall grant or renew such a Permit within thirty (30 ) days after the date the permit is applied for. The terms of such Permits shall be determined by the Mayor but shall in no event exceed ten years.
(e) Applicants for Residential Permits shall file an application therefore, in such form as the Regulations require, along with an application fee. The Mayor, or the Mayor's designate, shall determine if the application is in order and, if so, shall grant the application within thirty (30) days after the date the permit is applied for, so long as the Mayor also finds, in accordance with the criteria set forth in Section 929.05(c), that the application should be granted. Residential Permits shall be valid until canceled by the Mayor upon sixty (60) days written notice to the Permittee; provided, however, that upon a finding by the Mayor that an emergency exists the Mayor may cancel any such Permit upon such lesser notice as is necessary under the circumstances.
(f) Any Applicant may appeal the failure of the Mayor to grant a Permit or to recommend it to be granted upon terms and conditions acceptable to the Applicant. In order to perfect such an appeal, the Applicant shall file, within ten (10) days of the Mayor's determination or recommendation or ninety (90) days of the filing of the application if the Mayor has taken no action, an appeal to Council. Council shall then review the matter and render a final determination after affording the Applicant an opportunity to be heard either in person or writing. Except to the extent otherwise appealable by law, Village Council's decision shall be final.
(Ord. 1266. Passed 7-23-07.)
929.05 CRITERIA FOR GRANTING PERMITS OR FRANCHISES.
(a) Cable Television's Franchise shall be granted pursuant to Chapter 721 of the Codified Ordinances.
(b) Competitive Video Service Agreement shall be granted pursuant to Chapter 721 of the Codified Ordinances.
(c) Telecommunications and Utility and Special Permits shall be granted to Persons based upon a determination that the following criteria are met:
(1) The granting of the Permit will contribute to the public health, safety, or welfare of the Village;
(3) That the Permittee has and will continue to have liability insurance, which names the Village as an additional insured, in effect in such amounts and for such liability as the Village may require or be self-insured pursuant to the terms of this Chapter; and
(4) That the Applicant is a proper Person to hold a Permit and will fulfill all its obligations hereunder.
(d) Residential Permits shall be granted if not inconsistent with the public health, safety, and welfare.
(Ord. 1266. Passed 7-23-07.)
929.06 OBLIGATION OF PERMITTEES AND FRANCHISEES: CONDITIONS OF PERMITS AND FRANCHISES.
(a) In addition to the other requirements set forth herein each Telecommunication and Utility and Special Permittee shall:
(1) Use its Best Efforts to cooperate with other Franchisees and Permittees and the Village for the best, most efficient, most aesthetic and least obtrusive use of Rights of Way, consistent with safety, and to minimize traffic and other disruptions including street cuts;
(2) Participate in joint planning and advance notification of Right of Way work, excepting such work performed in emergencies or other exigent circumstances;
(3) Cooperate with other non-Residential Permittees and Franchisees in utilization of, construction in and occupancy of private rights of way, but only to the extent the same is not inconsistent with the grant thereof or state or federal law;
(4) Upon written notice of, and at the direction of the Mayor and at the Permittees' sole cost, promptly remove or rearrange facilities as necessary, e.g., during any construction, repair or modification of any street, sidewalk, Village utility or other governmental uses, or if additional or subsequent Village or other public uses of Rights of Way are inconsistent with then current uses of Franchisees and Permittees or for any other reasonable cause as determined by the Mayor.
(5) All Persons granted a Permit on or after the effective date of this chapter shall provide maps or other information in such form and at such times as the Village may reasonably require. Said maps and information shall locate, describe and identify all structures and facilities of such Permittee, of and in the Rights of Way;
(6) Perform all work, construction, maintenance or removal of structures and facilities within the Right of Way in accordance with good engineering and construction practice, including any appropriate safety codes and in accordance with the Best Efforts to repair and replace any street, curb or other portion of the Right of Way, or facilities or structure located therein, to a condition materially equivalent to the condition prior to such work, and to do so in a manner which minimizes inconvenience to the Public, the Village and other Franchisee and Permittees, all in accordance with all applicable Regulations;
(7) Register with all appropriate underground reporting services; and
(8) Unless otherwise set forth in a Permit, not enter into leases or other agreements for physical space in or on Permittee's facilities located within the Rights of Way without prior notification and approval of the Village. Such notice to include a general description of the uses to be made of the facilities, which said user may require a separate permit.
(b) Construction and Technical Standard.
(1) Upon grant of the Permit and in order to construct, operate, and maintain a telecommunications system or utility in the Village, the Permittee may enter into contracts with any public utility companies or any other owner or lessee of any poles or underground areas located within or without the Village; obtain right-of-way permits from appropriate Village, State, County, and Federal officials necessary to cross or otherwise use highways or roads under their respective jurisdiction; obtain permission from the Federal Aviation Administration to erect and maintain antennas; and obtain whatever other permits a Village, County, State, or Federal agency may require.
(2) In those areas of the Village where telephone and electric services are provided by underground facilities, all new facilities shall be placed underground. In all other areas, the Permittee, upon request of the Village, shall use its Best Efforts to place facilities underground. However, the term facilities as used in the preceding sentence shall not include equipment which is customarily placed on or above the ground in conjunction with underground transmission facilities (e.g., splice and terminal pedestals, equipment cabinets and transformers.) Where not otherwise required to be placed underground by this Chapter, the Permittee's system shall be located underground at the request of the adjacent property owner, provided the placement of such system shall be consistent with the Permittee's construction and operating standards and provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable to be installed under the roadway shall be installed in conduit which shall be approved by the Village. In no circumstance shall new poles be located in any area of the Village where it is not replacing an existing pole without written approval of the Mayor, which shall not be unreasonably withheld.
(3) Permittee shall construct, install, operate, and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, FCC technical standards, and those standards are incorporated by reference herein. The system shall be designed, constructed, operated, and maintained 24-hours-a-day in continuous operation.
(4) The Permittee shall comply with the Village's normal permitting process prior to commencing any work in the Right of Way except for emergencies and otherwise as provided in this Chapter. No work in the Rights of Way shall be commenced until such time as any and all required permits have been issued by the Village. The Village shall not unreasonably withhold the granting of any permit.
(5) Any contractor proposed for work of construction, installation, operation, maintenance, and repair of system equipment must be properly licensed under Ohio law and the Codified Ordinances. The Contractor's or Permittee's system and associated equipment erected by the Contractor or Permittee within the Village shall be so located as to cause minimum interference with proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. No pole or other fixtures placed in any public ways by the Permittee shall be placed in such a manner as to interfere with normal travel on such public way.
(6) The Village does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In public right-of- way, where necessary, the location shall be verified by excavation.
(7) Construction, installation, operation, and maintenance of the utility or telecommunications system shall be performed in an orderly and workmanlike manner, in accordance with the Contractor's or Permittee's then current corporate construction and maintenance practices. When consistent with the safety codes and standards set forth in Section 929.06(b)(8), cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
(8) The Contractor and Permittee shall at all times comply with applicable National Electrical Safety Code (National Bureau of Standards); applicable National Electrical Code (National Bureau of Fire Underwriters); and applicable FCC or other Federal, State, and local regulations; and standards set forth in the Permit.
(9) In any event, the system shall not endanger or interfere with the safety of persons or property in the Permit area or other areas where the Contractor or Permittee may have equipment located.
(10) All worker facilities, conditions, and procedures that are used during construction, installation, operation, and maintenance of the utility or telecommunications system shall comply with the applicable standards of the Federal Occupational Safety and Health Administration.
(11) The Franchisee or Permittee shall provide either a Performance Bond (or self bonding by Permittee having capitalization in excess of fifty million dollars ($50,000,000), as determined by the Mayor), an Irrevocable Letter of Credit acceptable to the Village or a Certified Check in an amount determined by the Mayor to pay the cost of restoration of the Right of Way should the Permittee fail to perform restoration required by this Chapter or the Permit or to pay for the cost of removal or relocation of the system required by this Chapter should the Franchisee or Permittee fail to perform said removal or relocation.
(c) Right of Way Work Permit Required.
(1) All Permittees shall obtain a Right of Way Work Permit from the Mayor prior to beginning the erection, installation, or maintenance including tree trimming, of any lines or equipment. Prior Village approval shall not be required for emergency repairs; operations requiring work outside the public Right of Way; and operations not blocking any street or alley or materially disrupting any landscaping, structures, and/or irrigation systems. The Permittee, and/or its subcontractors, shall leave the streets, alleys, and other public places where such work is done in as good condition or repair as they were before such work was commenced and to the reasonable satisfaction of the Village. Such Right of Way Work Permit shall be issued in writing and is subject to conditions that may be attached by the Mayor including, but not limited to, requirements concerning traffic control, safety, scheduling of work and restoration, notification of adjoining property owners, and restoration time and type of seed, sod or specific plant materials as directed by the Village of South Amherst, Ohio. The Permittee, and/or its subcontractors, shall complete final restoration and/or repairs to the Right of Way in a timely manner. All workmanship and materials used by the Permittee, and/or its subcontractors, to repair the streets and roadways shall be subject to the inspection and approval of the Mayor or his authorized agent and shall be warranted for a period of one (1) year from the date of completion for failure due to workmanship or quality of materials.
(Ord. 1266. Passed 7-23-07.)
(Ord. 1266. Passed 7-23-07.)
929.07 FEES.
The following fees are hereby established:
(a) Application Fee. The purpose of the application fee is limited to the recovery of the direct increment or cost incurred by the Village in inspecting or reviewing any plans and specifications and in granting the associated permit.
(1) Telecommunication and utility permittees proposing to utilize the right of way shall pay an application fee of five hundred dollars ($500.00). Said fee shall be paid at the time of application.
(2) Special permittees proposing to use the right-of-way shall pay an application fee equal to ten cents (10) per lineal feet used or occupied.
Said fee shall be paid at the time of application.
(3) Residential permittees shall pay no application fee but shall be required to make application for and receive approval of the use of the right of way.
(b) Right of Way Excavation Work Permit Fee.
(1) Permittees shall make application for an excavation work permit for each street opening, cut or bore and shall post a performance bond in the amount determined by the Mayor unless said fee and/or bond is waived by the Mayor. The fee for an excavation work permit shall be one hundred dollars ($100.00).
(3) Said permit shall serve as permittee’s Right of Way Work Permit.
(c) Right of Way Work Permit Fee. There shall be no fee for a right of way work permit when the work being performed involves no excavation, cutting, or boring of the right of way but does involve activities listed in Section 929.06(c). An excavation Work Permit, if required, shall serve as a permittee’s right of way work permit. (Ord. 1581-18. Passed 5-14-18.)
929.08 NOTICE OF RIGHT OF WAY WORK: JOINT PLANNING.
(a) All applicants for Right of Way Work Permits under Section 929.06 of this Chapter shall file a written notice with the Mayor at least seven (7) days before working in or on the Right of Way, unless waived by the Mayor, except in the case of emergency as determined by the Mayor. In addition to such other information this Chapter shall require, this notice shall contain or indicate, to the extent applicable:
(1) The Right of Way affected;
(2) A description of any facilities to be installed, constructed, or maintained;
(3) Whether or not any street will be opened or otherwise need to be restricted, blocked or closed;
(4) An estimate of the amount of time needed to complete such work;
(5) A description and timetable of any remedial measures planned to close any street opening or repair any damage done to facilitate such work;
(6) A statement verifying that other affected or potentially affected Permittees and Franchisees have been notified; and
(7) A statement that any consumers of any utility, cable television, communications, or other service which will be adversely affected by such work have been or will be notified in conformance with applicable rules and regulations of the Public Utilities Commission of Ohio.
(b) All applicants for Right of Way Permits under Section 929.06 shall submit a bond guaranteeing completion of all restoration work as required by the Mayor unless said bond requirement is waived by the Mayor.
(c) Permittees may, under emergency or other exigent circumstances, work in the Right of Way so long as the Permittees use best Efforts to provide the Village the notice required by Section 929.08 at the earliest possible time.
(Ord. 1266. Passed 7-23-07.)
929.09 USE OF PERMITTEE FACILITIES.
The Village shall have the right to install and maintain, free of charge, upon any poles and within any underground pipes and conduits or like facilities of any Telecommunication and Utility or Special Permittee, communications Facilities ("Village Facilities") solely for governmental use desired by the Village unless (i) such installation and maintenance unreasonably and materially interferes with existing and future operations of the Permittee, or (ii) that such installation and maintenance would be unduly burdensome to such Permittee. Each Permittee and Franchisee shall cooperate with the Village in the planning and design of its facilities so as to accommodate the Village's reasonably disclosed governmental requirements. Neither the Village Facilities nor the capacity of bandwidth thereon shall be leased, licensed or otherwise made available to third parties. The Village's right to use and/or occupy a Permittee's conduit shall be limited to the right to occupy a single innerduct in any given conduit and a single attachment to any given pole. The Village's right to use and occupy a Permittee's poles or conduit shall be subject to any and all reasonable terms and conditions the Permittee requires of other third party users of its poles and conduit. The Village shall pay the Permittee the reasonable cost to make the poles or conduit ready for the Village's use and occupancy. Nothing herein shall be construed to require a Permittee to construct poles or conduits where none exist or to rearrange, modify or alter its facilities on a pole or conduit in order to provide space for Village Facilities where space is not otherwise available.
(Ord. 1266. Passed 7-23-07.)
929.10 INDEMNIFICATION.
(a) To the fullest extent permitted by law, all telecommunication and utility Permittees shall, at their sole cost and expense, fully indemnify, defend and hold harmless the Village, its officers, public officials, boards and commissions, agents, and employees from and against any and all lawsuits, claims (including without limitation worker's compensation claims against the Village or others), causes of actions, actions, liability, and judgements for injury or damages (including but not limited to expenses for reasonable legal fees and disbursements assumed by the Village in connection therewith):
(1) To persons or property, in any way arising out of or through the acts or omissions of Permittee, its subcontractors, agents or employees attributable to the occupation by the Permittee of the Right of Way, to which Permittee's negligence shall in any way contribute, and regardless of whether the Village's negligence or the negligence of any other party shall have contributed to such claim, cause of action, judgement, injury or damage.
(2) Arising out of any claim for invasion of the right of privacy, for defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent or any other right of any person, firm and corporation by the Permittee, but excluding claims arising out of or related to Village programming.
(3) Arising out of Permittee's failure to comply with the provisions of any federal, state, or local statutes, ordinances or regulations applicable to Permittee in its business hereunder.
(b) The foregoing indemnification is conditioned upon the Village:
(1) Giving Permittee prompt notice of any claim or the commencement of any action, suit or proceeding for which indemnification is sought;
(2) Affording the Permittee the opportunity to participate in and fully control any compromise, settlement, or other resolution or disposition of any claim or proceeding subject to indemnification; and
(3) Fully cooperating in the defense of such claim and making available to the Permittee all pertinent information under the Village's control.
(c) The Village shall have the right to employ separate counsel in any such action or proceeding and to participate in the investigation and defense thereof, and the Permittee shall pay the reasonable fees and expense of such separate counsel if employed with the approval and consent of the Permittee or if representation of both Permittee and the Village by the same attorney would be inconsistent with accepted canons of professional ethics.
(d) Each Permittee shall maintain insurance coverages (or self-insurance coverage by Permittees having capitalization in excess of fifty million dollars ($50,000,000), as determined by the Mayor) in accordance with the following:
(1) General Liability Insurance. The Permittee shall maintain, and by its acceptance of any franchise granted hereunder specifically agrees that it will maintain throughout the term of the Permit, general liability insurance insuring the Franchisee in the minimum of:
A. $1,000,000 per occurrence;
B. $2,000,000 annual aggregate;
C. $1,000,000 excess general liability per occurrence and annual aggregate.
Such general liability insurance must be written on a comprehensive coverage form, including the following: premises/operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury.
(2) Automobile Liability Insurance. The Permittee shall maintain, and by its acceptance of any Permit granted hereunder specifically agrees that it will maintain throughout the term of the Permit, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum amount of:
A. $1,000,000 per occurrence; and
B. $1,000,000 excess automobile liability per occurrence.
(3) Worker's Compensation and Employer's Liability Insurance. The Franchisee shall maintain and by its acceptance of any Franchise granted hereunder specifically agrees that it will maintain throughout the term of the Franchise, Worker's Compensation and employer's liability, valid in the State of Ohio, in the minimum amount of:
A. Statutory limit for Worker's Compensation;
B. $1,000,000 for employer's liability per occurrence; and
C. $1,000,000 excess employer liability.
(Ord. 1266. Passed 7-23-07.)
929.11 REMOVAL OF FACILITIES.
(a) In the event any non-Residential Permittee intends to remove, excluding normal repairs and maintenance, or abandon any facilities within the Right of Way, such Permittee shall submit a notice to the Mayor describing the portion of the facilities to be removed or abandoned and the date of removal or abandonment, which date shall not be less than thirty (30) days from the date such notice is submitted to the Mayor. The Permittee may not remove, destroy or permanently disable any such facilities after such notice without the written approval of the Mayor. The Permittee shall remove and secure such facilities as set forth in the notice unless directed by the Mayor to abandon such facilities in place.
(b) Upon such abandonment the Village may elect to accept title to the abandoned facility. Such acceptance shall be in writing and upon such acceptance, full title and ownership of such abandoned facilities shall pass to the Village without the need to pay compensation to the Permittee or Franchisee. The Permittee shall, however, continue to be responsible for all taxes on such facilities or other liability associated therewith, until the date the same was accepted by the Village.
(Ord. 1266. Passed 7-23-07.)
(Ord. 1266. Passed 7-23-07.)
929.12 REMEDIES AND REVOCATION.
(a) In case of any failure of Permittee's physical plant, whether due to damage, age, lack of maintenance or any other cause, the Village shall notify Permittee or Franchisee who shall, within a reasonable time stipulated by the Village, respond and repair such failed plant. Should the Permittee fail to act as required, or in cases where protection of public safety requires an immediate response, the Village may take any required, corrective action and recover the costs of same from the Permittee.
(b) The Mayor shall give the Permittee sixty (60) days prior written notice of Village's intent to revoke the Permit under the provisions of this Chapter stating the reasons for such action. If the Permittee cures the stated reason within the sixty (60) day notice period, or if the Permittee initiates efforts satisfactory to the Village to remedy the stated violation, the Village shall not revoke the Permit. If the Permittee does not cure the stated violation or undertake efforts satisfactory to the Village to remedy the stated violation then, after granting the Permittee an opportunity to be heard in person or in writing, the Council may revoke the Permit.
(c) In the event the Permit is revoked, all facilities located in the Rights of Way or located upon Public Property pursuant to this Permit shall be removed from the streets and public places of the Village at the sole expense of the Permittee.
(Ord. 1266. Passed 7-23-07.)
929.13 RESERVATION OF RIGHTS.
(a) Nothing in this Chapter shall be construed to prevent the Village from constructing, maintaining, repairing or relocating any Village utility, communications or like facilities; grading, paving, maintaining, repairing, relocating or altering any street or Right of Way; or constructing, maintaining, relocating or repairing any sidewalk or other public work or improvement.
(b) Nothing in this Chapter should be construed so as to grant any right of interest in any Right of Way or Public Property other than that explicitly set forth herein or in a Permit.
(Ord. 1266. Passed 7-23-07.)
929.14 STREET VACATION.
Unless preempted by state or federal law, in the event any street or Right of Way used by a Permittee or Franchisee shall be vacated by the Village during the term of any Permit granted pursuant to this Chapter, the Permittee shall, at the Permittee's expense forthwith remove its facilities therefrom unless specifically permitted by the Village to continue the same or such continuance of use is permitted by state law, and upon the removal thereof, restore, repair, or reconstruct the area where such removal has occurred to a condition materially equivalent to that existing before such removal took place. In the event of failure, neglect or refusal of the Permittee after thirty (30) days written notice by the Village to remove the facilities or to repair, restore, reconstruct, improve, or maintain such vacated areas, the Village may, if in accordance with applicable law, do such work or cause it to be done, and the cost thereof as found and declared by the Village shall be paid by the Permittee as directed by the Village and collection may be made by any available remedy.
(Ord. 1266. Passed 7-23-07.)
929.15 TEMPORARY MOVEMENT OF FACILITIES.
In the event it is necessary temporarily to move or remove any of the Permittee's wires, cable, poles, or other facilities placed pursuant to this Chapter, in order to lawfully move a large object, vehicle, building or other structure over the streets of the Village, upon two (2) weeks written notice by the Village to the Permittee, the Permittee shall, at the expense of the Person requesting the temporary removal of such facilities, comply with Village's request.
(Ord. 1266. Passed 7-23-07.)
929.16 FORECLOSURE AND RECEIVERSHIP.
(a) Foreclosure. Upon the foreclosure or other judicial sale of the Permittee's facilities located with the Right of Way, the Permittee shall notify the Village of such fact and its Permit shall be deemed void and of no further force and effect.
(b) Receivership. The Village shall have the right to cancel any Permit granted pursuant to this Chapter subject to any applicable provisions of law, including the Bankruptcy Act, one hundred and twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of the Permittee whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred and twenty (120) days, or unless:
(1) Within one hundred and twenty (120) days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this Chapter and the relevant Permit and remedied all defects thereunder; and
(2) Such receiver or trustee, within, said one hundred and twenty (120) days, shall have executed an agreement, duly approved by the Court having jurisdiction in the premises whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Chapter and the relevant Permit.
(Ord. 1266. Passed 7-23-07.)
929.17 NONENFORCEMENT AND WAIVERS BY VILLAGE.
The Permittee and Franchisee shall not be relieved of its obligation to comply with any of the provisions of this Chapter by reason of any failure of the Village to enforce prompt compliance. However, the Mayor may in individual instances and upon a request in writing establishing hardship and for good cause shown waive, in writing, any requirements of this Chapter.
(Ord. 1266. Passed 7-23-07.)
929.18 CONTROLLING LAW.
This Chapter shall be construed and enforced in accordance with the Constitution and laws of the State of Ohio.
(Ord. 1266. Passed 7-23-07.)
929.19 CAPTIONS.
The captions and headings in this Chapter are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this Chapter.
(Ord. 1266. Passed 7-23-07.)
929.20 DESIGNEE OF MAYOR.
The designee of the Mayor for purposes of enforcement of this Chapter 929 of the Codified Ordinances of the Village of South Amherst shall be a licensed professional engineer (P.E.).
(Ord. 1266. Passed 7-23-07.)
929.99 PENALTIES.
(a) In addition to any other penalties set forth in this Chapter, and the remedy of specific performance, the following penalty shall apply:
(1) For failure to comply with any provision of this Chapter, the penalty shall be a civil forfeiture, payable to the Village, in the amount of up to one hundred fifty dollars ($150.00) per day for each day of violation.
(b) Any Permittee may be excused for violations of the Chapter and its Permit for reasons of Force Majeure. (Ord. 1266. Passed 7-23-07.)
951.01 BYLAWS AND REGULATIONS.
EDITOR’S NOTE: Pursuant to Ordinance 1802-24, passed April 22, 2024, Council approved and adopted the Revised Board of Cemetery Trustees Bylaws and Regulations of the Board of Trustees of the Evergreen Cemetery as it pertains to the Military Footer Fee (Exhibit A).
955.01 RULES FOR USE OF TOWN HALL.
The Council of the Village of South Amherst hereby adopts the following rules for all groups who wish to utilize the South Amherst Town Hall:
(a) The group or organization shall be a South Amherst Village group.
(b) No minors shall be permitted to utilize the Town Hall.
(c) No smoking shall be permitted in the Town Hall.
(d) No food or drink is permitted within the Town Hall.
(e) The facility shall be left in the same or better condition as it was prior to use. The group utilizing the Town Hall is responsible for clean up and disposal of its debris or trash.
(f) The utilizing group is responsible for and will reimburse the Village of South Amherst for any lost, stolen or damaged property.
(g) There shall be a refundable security deposit of fifty dollars ($50.00). Said deposit will be refunded if it is found that the group or organization complied with all of the above rules.
(Ord. 922. Passed 4-14-97.)
957.01 RENTAL RATES.
The Council of the Village of South Amherst hereby authorizes the rental of the South Amherst Community Park Pavilion at a rate of twenty dollars ($20.00) per four (4) hours. Payment is nonrefundable and dates may be rescheduled within the same calendar year if needed.
(Ord. 1759-23. Passed 3-13-23.)
CODIFIED ORDINANCES OF SOUTH AMHERST
