Over the years, the Township has experienced residents and contractors working within the township road right-of- way without regard to buried utilities. It is now a requirement that ALL WORK within our right-of- ways shall need a permit. Not all permits will require a fee. this permit will help a person to work safely in the right-of- way. If a person does not get a permit, they will be subject to fines and removal of any items in the right-or- way. Documented below is a copy of the Resolution.
RESOLUTION NO. 2015- 1 1
A RESOLUTION ADOPTING A PERMIT PROCESS RELATIVE TO THE INSTALLATION OF DRIVEWAY CULVERTS OR THE PERFORMANCE OF ANY EXCAVATIONS WITHIN THE PUBLIC RIGHT-OF- WAY IN THE UNINCORPORATED AREA OF BALLVLLE TOWNSHIP, OHIO.
WHEREAS, the Board of Trustees of Ballville Township, Ohio is aware that private property owners within the unincorporated area of the township own their property to the centerline of the public right-of- way, but subject to the rights of the township and the motoring and pedestrian public; and
WHEREAS, the Board has been advised by its solicitor that pursuant to R.C. 5571.16, it may require a
permit relative to the installation or replacement of driveway culverts or any other excavations to be performed by a property owner within said right-of- way; and
WHEREAS, the Board of Trustees of Ballville Township has determined that it is now necessary to establishing a permit process for the installation or replacement of driveway culverts or any other excavations to be performed by a property owner within the right-of- way; and
Mr. Geyer, moved the adoption of the following Resolution:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF BALLVILLE TOWNSIDP, SANDUSKY COUNTY, AND STATE OF OHIO:
SECTION 1. That prior to the installation or replacement of driveway culverts or any other excavations to be performed by a property owner within the public right-of- way, said owner shall obtain a permit from the Board of Trustees of Ballville Township on a form prescribed therefore. The permit application shall be obtained from the Ballville Township Highway Superintendent, which shall be completed and submitted to the Township Fiscal Officer with the appropriate fee and/or bond as required by the type of excavation to be performed within in the public right-of- way. The permit fee and bond shall be determined from time to time by the Board of Trustees. A copy of the permit application is attached hereto and expressly incorporated by reference herein.
Applications, including, but not limited to, a single application for an excavation project to install six or more poles for the purpose of providing electric or telecommunications service or to install a pole associated with underground electric or telecommunications service, shall be accompanied by a fee of fifty dollars per application, which fee shall be returned to the applicant if the application is denied. Except as otherwise provided in this section, no application or fee shall be required for an excavation project to install five or fewer poles for the purpose of providing electric or telecommunications service, but the person making that excavation shall provide verifiable notice of the excavation to the township fiscal officer at least three business days prior to the date of the excavation.
No person shall install a driveway culvert or make an excavation in any township highway or highway right-of- way in violation of this resolution, except that, in the case of an emergency requiring immediate action to protect the public health, safety, and welfare, an excavation may be made without first obtaining a permit, if an application is made at the earliest possible opportunity. In the event a driveway culvert or an excavation is made in any township highway or highway right-of- way in violation of this Resolution, the offending party shall be required to pay a fee three times the cost of the permit and/or may be required to make the driveway culvert or other excavation to be in conformity with the permit requirements as set forth therein.
SECTION 2. The Fiscal Officer is hereby authorized and directed to publish a copy of the within Resolution in a newspaper of general circulation within the unincorporated area of the township.
SECTION 3. That this Board of Trustees hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of this Board; and that all deliberations of this Board and of its committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including §121.22 of the Ohio Revised Code.
SECTION 4. That this Resolution shall take effect at the earliest date permitted by law.
Mr. Stotz, seconded the Resolution, and upon roll call, the votes resulted as follows:
Richard A. Geyer, yes; W. Robert Kusmer, yes; and David Stotz, yes.
- Robert Kusmer
Richard A. Geyer
Mary Kay Gabel
ADOPTED: December 1, 2015
INDEMNIFICATION FOR INJURY OR DAMAGE
The CONTRACTOR shall release and hold harmless the Board, the Township, its employees and/or agents from, covenants and agrees that the Board, the Township, its employees and/or agents, will not be liable for, and covenants and agrees to indemnify the Board, the Township, its employees and/or agents harmless against any and all liabilities, claims, costs, loses and expenses (including without limitation, to the extent permitted by law, reasonable attorney fees and expenses), joint or several, imposed upon or asserted against the Board, the Township, its employees and/or agents on account of: any loss or damage to property or injury to or death or of a loss by any person that may be occasioned by, growing out of, or in any way attributed to the Board, the Township, its employees and/or agents relative to the expansion of the above- mentioned project including, but not limited to the opening and closing of the road, the installation of a utility, drainage pipes, ditch maintenance and all other work performed within the ROW: This agreement shall be governed by the laws of the State of Ohio, and if any provision hereof is in conflict with any federal law or law of the State of Ohio, then any such term(s) shall be deemed modified to conform to such law without affecting the remaining provisions of the agreement.