TERMS, CONDITIONS AND RESTRICTIONS THAT APPLY TO THE ISSUANCE OF A PERMIT FOR EXCAVATING IN ANY PLAIN TOWNSHIP ROAD OR ROAD RIGHT OF WAY

This permit is issued under the authority of an April 3, 1972 resolution, as amended on September 14, 2001, by the Board of Trustees of Plain Township, Stark County, Ohio, requiring that any person or business making any excavation including but not limited to the installation of driveways, sidewalks, curb cuts and culvert in any Plain Township road and/or road right of way within its jurisdiction shall obtain a permit for each excavation prior to the commencement of the excavation. Any work performed at such excavation shall be done in accordance with Section 5571.16 of the Ohio Revised Code and the conditions contained in this permit. These conditions are binding upon the person or business, their heirs, successors, and assigns upon the granting of the permit authorized by the Board of Trustees of Plain Township.

1. The applicant for a permit shall submit detailed plans indicating the locations, size, type, and duration of the excavation contemplated two weeks prior to issuing the permit. The fee will be $75.00.
2. The applicant shall deposit with the Clerk of Plain Township the sum of One Thousand Five Hundred Dollars ($1500.00), or 10% of the contract amount, as deemed necessary by the Road Superintendent, with surety or sureties satisfactory to the Plain Township Board of Trustees and payable to the Plain Township Board of Trustees. Said deposit or bond shall be conditioned upon the restoration of the Township Street, road or highway to the condition prevailing at the time of the excavation or to condition in the case of an emergency as hereinafter provided. Said deposit shall be refunded or bond shall be released within sixty (60) days after the restoration of the township road and/or road right of way upon the approval by resolution of the Board of Trustees of Plain Township that the township road and/or road right of way has been restored to the condition prevailing at the time of the issuance of the permit or of the commencement of the excavation in the case of an emergency as hereinafter provided. Should the person or business to whom a permit has been issued fail to restore said township road and/or road right of way as provided herein within ninety (90) days of the issuance of the permit or the opening of the excavation, whichever date is later, then the deposit or bond shall be forfeited to the Plain Township Board of Trustees and the said Board shall take legal action to enforce said bond. No bond necessary for the installation of a driveway.
3. The applicant shall provide proper barricades, signs, lights, and other warning devices and uniformed officers or flag persons at its own expense to protect the public using the road during the period of the excavation and the restoration of the township road and/or road right of way. An inspector may be assigned to the job by the Township at the expense of the applicant to protect the interests of the Township.
4. The applicant shall restore the township road and/or road right of way as stated in the attached Addendum. In the event that the road or highway is not thus restored, the applicant shall be liable for the cost of such replacement and restoration to the Plain Township Board of Trustees.
5. The applicant shall provide suitable ingress and egress during the period of the excavation and resurfacing to the adjoining and adjacent property owners to their lands or lots.
6. The applicant shall notify the Plain Township Fire Department of the location of the excavation and the duration of the work within twenty-four (24) hours of the issuance of the permit or of the commencement of the excavation.
7. The applicant as a condition of this permit agrees to hold Plain Township harmless and to indemnify the same from any and all liability or damage arising to persons or property from the issuance of this permit and the work performed thereunder for the excavation, refilling, and resurfacing of the township road and/or road right of way. The applicant upon request shall furnish evidence that he has available liability insurance in the amount of Two Hundred Fifty Thousand/Five Hundred Thousand Dollars ($250,000/$500,000. Bodily Injury, and One Hundred Fifty Thousand/Five Hundred Thousand Dollars ($150,000/$500,000) property damage against liability or damage to persons or property arising from the excavation in a Plain Township road and/or road right of way.
8. No person shall make an excavation in any township road or road right of way in violation of any resolution adopted pursuant to this section; 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 such application is made at the earliest possible opportunity.
9. The permit may be revoked and the performance bond forfeited by the Township at any time for non­performance or compliance with any of the provisions of the resolution. 
10. Whoever violates Section 5571.16 of the Ohio Revised Code shall be fined not more than two hundred dollars ($200.00) or imprisoned not more than thirty (30) days, or both.