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Information for Applicants For Permit to Work along Or Across Miami Township Roads

Application for Permit to Work along or Across Miami Township Roads

The construction and major alteration of any and all driveways to allow access to residences, property, or businesses fronting on Miami Township maintained roadways shall be done only with the written permission of the Miami Township Trustees.

Applications for permission to work within the township right-of-way are available at the Township office located at 225 Corry Street or from the Township Zoning Inspector. This is the application that covers driveways. The application form must be filled out in its entirety and presented to the Miami Township Road Department, 485 Yellow Springs Fairfield Rd, for review. A fee of $25.00 is required and will be collected after the applicant completes all data. Permit is only good for one (1) year from date of issuance.

Requirements for inspection are:

1.         Prior to the issuance of the permit and the inspection, the applicant shall clearly mark the location of the proposed drive at the site of the property.

2.         The applicant shall obtain all necessary utility permits.

3.         The Township Road Superintendent or his representative prior to the issuance of the permit will determine the minimum sight distance required at the access point.

4.         The applicant shall submit a small sketch showing the proposed location when applying for the permit.

5.            Trenches under the pavement shall be back-filled according to the direction given by the Miami Township Road Dept. to avoid settlement. Road cuts should be back-filled with #57 aggregate and compacted every six inch rise with a minimum 4inches of 404 in two courses for final finish.

6.         A deposit of $200.00 (or more depending on number of cuts) will be required to open cut on any township roads. This deposit will be returned after one (1) year from date of acceptance by Miami Township and no repairs are required by Miami Township personnel.

The following is the Ohio law in regards to driveways/approaches:

Section 5543.16 – Ohio Revised Code The owners of land shall construct and keep in repair all approaches or driveways from the public road, under the direction of the Township Officials and the Greene County Engineer.

The State Attorney General has made the following rulings in the past:

1.         "The culvert pipe must be deemed a part of the private driveway being constructed along the highway. As the statute places on the owner of the land the duty to construct and repair a private driveway from a public road, it must be concluded that the Township has no authority to furnish the culvert pipe for such a driveway."

2.         "In view of the fact that land owners are required by section 5543.16, Revised Code, to construct such private driveways under the direction of the Local Officials it is evident that the County Engineer should determine the kind and size of the pipe needed.

3.         "The County Engineer likewise by reason of his supervisory authority, has power to determine the profile grade within the area of the road-rite-of-way."

4.         "The property owner has the duty of furnishing a replacement pipe for an existing driveway, since this section specifically requires such an owner to keep the driveway in repair."

Specifications For right-of-way Work

Responsibility:

No openings shall be made or work done on, across, along or adjacent to the right-of-way of any township road without a written permit from the Miami Township Trustees. Said permit shall be subject to the following regulations, except in specific cases when the County Engineer may authorize a variance from these regulations.

Regulations:

More than one application may be included on a single permit form if all are part of the same project. An applicant shall pay one (1) permit fee for the application and a deposit for multiple openings according to the schedule in the section on financial obligations.

The Miami Township Road Superintendent, or his representative, is charged with the administration and enforcement of these regulations and provisions and shall receive written permit applications, issue permits, examine premises for which such permits have been requested or issued, and enforce compliance with the provisions of these regulations.

Any person, firm, corporation or governmental agency who performs work for which a permit is required:

1.         Shall maintain traffic at all times, unless permission is granted by the Township to close the road.  If a road must be closed, the following steps must be taken:

A.            Applicant shall work with the Miami Township to establish a detour route.

B.            Applicant shall place all "detour" and "road closed" signs in approved locations. All signs, barricades, traffic cones and other traffic control devices necessary for safety shall be approved and comply with the Ohio Manual of Uniform Traffic Control Devices.

2.         Shall keep the disturbance of the road surface and shoulders at a minimum and shall back fill the trenches as directed by the Township Road Superentendent or his representative.

3.         Shall define the opening with saw cuts sufficiently deep and placed far enough apart so that abutting road surface is not disturbed during the work within the trench. The Superintendent may approve a method of cutting other than sawing. Upon completion of the backfilling and within forty-eight (48) hours there of, the road surface at the trench shall be replaced as directed by the road Superintendent or his representative (minimum thickness of 4" of 404 asphalt in two courses) and the new surface shall conform with the grade of the undisturbed surface. Joints shall be sealed with liquid asphalt.

4.         Shall place lights, signs, barricades, and if necessary, flaggers and watchman on the job for the protection of traffic at all time, day and night during the time the work is being done, and instructions given by the Township Road superintendent. As to handling of traffic shall be followed. If at any time the Township is required to place barricades, lights, and/or signs at the location stated on this application or related thereto, the applicant shall reimburse the Township for the costs involved.

5.         Shall be responsible for and shall save the Township harmless from any and all claims for personal injuries and property damages, and shall defend any action that might be brought due to the work proposed in the application or carried out with the permit.

6.         Shall follow all OSHA standards to complete the work

7.         Shall inform the Township that the person, firm, corporation, or governmental agency is covered by insurance, which is currently in force and will remain in force during the performance of this work.

Any person, firm, corporation, or governmental agency who performs work for which a permits required by these regulations without first having secured such a permit, or fails to comply with the conditions under which the permit was obtained, thereby shall be deemed in violation of these regulations and subject to the penalties provided by law.

The acceptance of a permit or the doing of any work thereunder shall constitute an agreement by the Party or Parties to whom the permit is granted to comply with all the conditions and restrictions printed or written herein.

The permit may, at any time, be revoked or annulled by the Township for non-performance of or non-compliance with any of the conditions, restrictions, and regulations hereof, at which time the deposit will be forfeited.

Enforcement: Miami Township Trustees reserve the right to use all legal means to ensure that all provisions of the Ohio Revised Code, Greene County Engineer and Miami Township rules are followed and adhered to.

Financial Obligations:

The Miami Township Zoning Inspector shall collect a fee for the permit. The amount of the fee shall be twenty-five dollars ($25.00) and  no refund of this fee will be made to the applicant.

Deposit:

Where work is to be done, which entails cutting or excavating any of the paved surface of the roadway, or ditching, trenching, clearing or trimming of trees, or large brush adjacent to the pavement, or working within or from the right-of-way, the applicant shall deposit with the Zoning Inspector a deposit, in cash or other proper remittance, in accordance with the following fee schedule. All trenches & ditches must be finished to original grade and seeded within thirty (30) days of completion including tree and brush removal. Road cuts must be completed within forty-eight (48) hours.

No deposit will be returned for at least one (1) year after the work is completed.

Schedule of Fees

Number of pavement cuts         Other work by Lineal foot       Deposit Required

                1                                             up to  28 l.f.                             $200.00

              2-3                                           29 to 84 l.f.                                 300.00

              4-6                                           85 to 168 l.f.                               500.00

              7-9                                           169 to 252 l.f.                             750.00

           10 or more                                   253 Plus l.f.                              1000.00

Application for Permit to Work along or Across Miami Township Roads