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subdivision regulations
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L O G I N  E M A I L
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

F L O O D   P R O T E C T I O N   I N F O R M A T I O N

(Available For Viewing At The New Richmond Branch Library)

A Unified National Program For Floodplain Management
Answers To Questions About Substantially Damaged Buildings
Retrofitting Flood-prone Residential Structures
Flood Emergency And Residential Repair Handbook
Flood Insurance Study, Village Of New Richmond
Protecting Your Home From Flood Damage
Repairing Your Flooded Home
Introduction To Flood Proofing
A Perspective On Flood Plain Regulations For Flood Plain Management
Flood Proofing Systems And Techniques
Floodway Boundary Map
Guide To Flood Insurance Rate Maps
Answers To Questions About National Flood Insurance Program
Are You Ready? Your Guide To Disaster Preparedness

Flood Protection Information
(Available for Viewing At The Community Development Office)
FLOOD PROTECTION INFORMATION
(Available for Viewing At The Community Development Office, 102 Willow St. New Richmond, Ohio 45157)
After The Flood The First Steps
Repairing Your Flooded Home
How To Read A Flood Insurance Map
Guide For Ordinance Development
When You Return To A Storm Damaged Home
Low Cost Shore Protection
Guidelines For Reducing Flood Damages
Floodplain Reg. For Floodplain Management
Floodproofing
Floodproofing Systems & Techniques
Floods & Floodplain Management
Local Floodproofing Programs
National Flood Ins. Program Handbook
Public Notice No. 83-LD-016
Public Notice No. GP-16
Special Notice CEORL-OR-F
Application For Dept. Of The Army Permit
A Procedures For Compliance W/Floodway Reg.
Floodplain
How To Compute A Floodway
Floodproofing Regulations
Ohio Floodplain Management Newsletter
National Flood Insurance Program Comm. Assist.
National Flood Insurance Program Local Permit
Floodplain Management In Ohio
Floodplain Management
Questions & Answers NFIP
Ohio River Access Study
ODNR Fact Sheet - Floods & Flood Damage Prevention
ODNR Fact Sheet - How To Obtain Flood Maps & Studies
ODNR Fact Sheet - Post-Disaster Floodplain Management
The Antediluvian – Newsletter
Technical Bulletins
The National Flood Ins. Program
National Flood Ins. Program & Regulations
Top 10 FACTS for Consumers
Top 10 FACTS for Insurance Agents
Top 10 FACTS for Lenders
Saving Lives, Property, Money
Watermark Expedition 2001
Answers to Questions Substantially Damaged Bld.
A Homeowners Guide To Retrofitting
Floodproofing NonResidential Structures
Reducing Losses in High Risk Areas
A Unified National Program For Floodplain Mana.
Hazard Mitigation Grant Program
How To Read A Flood Insurance Rate Map
Flood
In The Event Of A Flood
Questions & Answers on the NFIP
Guide To Flood Insurance Rate Maps
In Times Of Emergency
Answers To Questions About The NFIP
Mandatory Purchase Of Flood Insurance Guidelines
In Time Of Emergency
Are You Ready?
Protecting Your Home From Flood Damage
User's Guide To Technical Bulletins
Flood Resistant Materials Requirements
Non Residential Floodproofing
FEMA Fact Sheet No. 1
Mitigation Strategy
Wet Floodproofing Requirements
Purpose & Intent Of Hazard Mitigation Grant Prog
Appeals, Revisions & Amendments to Flood Ins. Maps
FLOOD Are You Protected From The Next Disaster?
Flood Insurance Study of May 1980
Manufactured Home Installation In Flood Hazard Areas
Answers to Questions About Sub. Damaged Bldgs.
Integrated Emergency Management Plan
New Richmond Benchmarks
Updating Flood Maps Efficiently Using Existing Hydra

Library

Inventory of Materials
Orgin Source
American Red Cross

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 F L O O D   N O T I C E


NEW RICHMOND FLOOD NEWSLETTER
          back to village administration

You are receiving this newsletter because you live in or near the 100 year floodplain. A floodplain area is defined as “Any normally dry land area that is susceptible to being inundated by water from any natural source. This area is usually low land adjacent to a river, stream, watercourse, ocean or lake.” If you are in the floodplain, the odds are that someday your property will be damaged. This flyer gives you some ideas of what you can do to protect yourself.

Village Flood Services:

Check your flood hazard risk. Flood maps and flood protection references are available at the New Richmond Public Library, and the Zoning Department at Village Hall. They can give you more information, such as depth of flooding over a building’s first floor and past flood problems in the area. They also have a handout on selecting an architect, engineer, or contractor. To see when floodwaters reach the first floor of your residence, look at the mailing label of this newsletter.

Following the 1997 Flooding, the Village prepared and adopted an Integrated Emergency Plan. Although this plan addresses all potential emergencies within the Village, the main emphasis is based upon flooding. Part of this plan addresses relevant information specifically designed for residents and business owners so they may better know what to expect, especially if an emergency evacuation order is in place. A copy of this plan is available for your review at New Richmond Village Hall, 102 Willow Street.

If requested, the Public Works Department will visit a property to review its flood problem and explain possible ways to prevent flood damage. Call the Street Department at 553-2954. These services are free.

VILLAGE OF NEW RICHMOND U.S. POSTAGE
102 WILLOW STREET FIRST CLASS
NEW RICHMOND, OHIO 45157 PERMIT NO. 16
New Richmond, Ohio


TO DETERMINE THE FLOOD GAUGE LEVEL FOR YOUR RESIDENCE CALL VILLAGE HALL AT 553-4146



What Can You Do:

Several of the Village’s efforts depend on your cooperation and assistance. You must take measures to protect your family and property; here is how you can help:

• Do not dump or throw anything into the ditches or streams. This is a violation of New Richmond Village Ordinance 1992-49. Even grass clippings and branches can accumulate and plug channels. A blocked channel cannot carry water and when it rains the water has to go somewhere. Every piece of trash contributes to flooding.

• If your property is next to a ditch or stream, please do your part and keep the banks clear of brush and debris. The Village has a stream maintenance program, which can help remove major blockages such as downed trees. If you see dumping or debris in the ditches or streams, contact the Public Works Department at 553-2954.

• Always check with the Zoning Department before you build on, alter, regrade, or fill your property. A permit may be needed to ensure that projects do not cause problems on other properties.

Check out the following information on flood proofing, flood insurance and flood safety:


Flood Proofing:

There are several different ways to protect a building from flood damage. One way is to keep the water away by re-grading your lot or building a small floodwall or earthen berm. These methods work if your property is not in the floodway. The Zoning Department can provide this information.

Another approach is to make your walls waterproof and place watertight closures over the doorways. This method is not recommended for houses with basements or if water will get over two feet deep.

Many houses, even those not in the floodplain, have sewers that back up into the basement during heavy rains. A plug or standpipe can stop this so the water doesn’t get more than one or two feet deep. They can be purchased at a hardware store for under $25. If your sewers only backup when there is flooding, talk to a plumber about overhead sewers or a backwater valve.
These measures are called flood proofing or retrofitting. More information is available at the New Richmond Public Library. (Important note: Any alteration to your building or land requires a permit from the Zoning Department. Even re-grading or filling the floodplain requires a permit.)
If you know a flood is coming, you should shut off the gas and electricity and move valuable contents upstairs. It is unlikely that you will get much warning, so a detailed checklist prepared in advance would help ensure that you don’t forget anything. Red Cross brochures are available at Village Hall.

Flood Insurance:

If you don’t have flood insurance, talk to your insurance agent. Homeowner’s insurance policies do not cover damage from floods. However, because New Richmond participates in the National Flood Insurance Program, you can purchase a separate flood insurance policy. This insurance is backed up by the Federal government and is available to everyone, even for properties that have been flooded.

Some people have purchased flood insurance because it was required by the bank when they got a mortgage or home improvement loan. Usually these policies just cover the building’s structure and not the content coverage. Remember: even if the last flood missed you or you have done some flood proofing, the next flood could be worse. Flood insurance covers all surface floods.

FLOOD SAFETY

DO NOT WALK THROUGH FLOWING WATER.

Drowning is the number one cause of flood deaths, mostly during flash floods. Currents can be deceptive; six inches of moving water can knock you off your feet. If you walk in standing water, use a pole or stick to ensure that the ground is still there.

DO NOT DRIVE THROUGH A FLOODED AREA.

More people drown in their cars than anywhere else. Don’t drive around road barriers. This means the road is closed to all traffic.

STAY AWAY FROM POWER LINES AND ELECTRICAL WIRES.

Electrical current can travel through water. Report downed power lines to C.G & E. (651-4182) or the Village Police Department (553-3121). Electrocution is the number two killer in floods.

HAVE YOUR ELECTRICITY TURNED ON BY THE POWER COMPANY.

Some appliances, such as television sets, keep electrical charges even after they have been unplugged. Don’t use appliances or motors that have gotten wet unless they have been taken apart, cleaned and dried.

LOOK OUT FOR ANIMALS (ESPECIALLY SNAKES).

Small animals that have been flooded out of their homes may seek shelter in yours. Use a pole or stick to poke and turn things over and scare away small animals.

LOOK BEFORE YOU STEP.

After a flood, the ground and floors are covered with debris including broken bottles and nails. Floors and stairs that have been
covered with mud are very slippery.

OHIO RIVER LEVELS:

Did you know that you could check out Ohio River Levels on the Internet? Go to the Village’s web site; www.newrichmond.org, and click on Community Development and then go to River Levels. The three day forecast for the Ohio River at Cincinnati will have the gage height readings in feet, which will correspond with the estimated 1st floor flood level for your residence as shown below your mailing address. If you have any questions, please call Village Hall at 553-4146.

For more information on property protection measures, flood safety & flood insurance check out these web sites:

www.fema.gov
www.redcross.org

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P E R M I T T I N G   O R D I N A N C E

ORDINANCE NO. 2002-22

 

As Amended by Ordinance 2002-53

 

AN ORDINANCE OF THE VILLAGE OF NEW RICHMOND, OHIO ESTABLISHING PROCEDURES AND REQUIREMENTS RELATING TO CONSTRUCTION OF FACILITIES IN, ALONG, ACROSS, UNDER AND OVER PUBLIC RIGHTS-OF-WAY

 

WHEREAS, the Village has previously regulated the use of Public Rights-of-Way through a variety of ordinances and practices; and

 

WHEREAS, changes in the various industries involving advancements in and convergence of technologies and the emergence of competition have increased and will continue to increase the number of requests to install utility facilities in, along, across, under, and over Public Rights-of-Way within the Village of New Richmond; and

 

WHEREAS, this increasing number of requests means increased disruption of the primary uses of such Public Rights-of-Way, increased damage to such Public Rights-of-Way, and decreased available space for future installations, among other things; and

 

WHEREAS, it is determined by the Council Members of the Village of New Richmond it is in the best interests of the Village and its residents and businesses to minimize disruption of the primary uses of Public Rights-of-Way, and to minimize damage to Public Rights-of-Way; and

 

WHEREAS, it is further determined by the Council Members of the Village of New Richmond it is in the best interests of the Village and its residents and businesses to establish a more uniform and efficient approach to handling requests for access to and use of Public Rights-of-Way.

 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL MEMBERS OF THE VILLAGE OF NEW RICHMOND, OHIO, AS FOLLOWS;

SECTION 1: Chapter REGULATION OF RIGHTS-OF-WAY

 

The municipal code of the Village of New Richmond is hereby amended by the addition of a new Chapter, which shall be known as the Rights-of-Way Management Ordinance and read as follows:

 

Table of Contents
Sec. 1. Applicability

Sec. 2. Definitions

Sec. 3. Permitting Provisions

Sec. 4. Facilities Work

Sec. 5. Performance Guaranties and Remedies

Sec. 6. Miscellaneous Provisions

Sec. 7. Annexation

Sec. 8. Relocation of Facilities

Sec. 9. Standards Applicable to Village

Sec. 10. Savings Clause

 

Sec. 1. Applicability:

 

To the extent permitted by law, this Chapter shall apply to all Persons desiring to construct, operate, or maintain Facilities in, along, across, under or over Public Rights-of-Way within the Village.

 

Sec. 2. Definitions:

 

(a) Definitions and Usage - General.

 

For the purposes of this Chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense and vice versa, words in the plural number include the singular number, and vice versa, and the masculine gender includes the feminine gender and vice versa. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated or clearly contrary to the context, terms, phrases, words, and abbreviations not defined herein shall be given the meaning set forth in the Village Code, and, if not defined therein, their common and ordinary meaning. For further convenience, the first letter of terms, phrases, words, and abbreviations defined in this Chapter have been capitalized, but an inadvertent failure to capitalize such letter shall not affect its meaning, nor shall the inadvertent capitalization of the first letter of a term, phrase, word or abbreviation not defined herein affect the meaning thereof.

 

(b) "Applicant" means the Specific Person applying for and receiving a permit under this chapter.

 

(c) "Application" means that form designed by the Village Engineer, which an Applicant must use to obtain a Permit to conduct Facilities Work across, over or under the Village's Right-of-Way.

 

(d) "Village" shall mean the Village of New Richmond, Ohio.

 

(e) "Village Administrator" shall mean the Village Administrator or his/her designee.

 

(f) "Village Engineer" shall mean the Village Engineer or his designee. 

 

(g) "Excavation" shall mean any act by which earth, asphalt, concrete, sand, gravel, rock or any other material in or on the ground is cut into, dug, uncovered, removed, or otherwise displaced, by means of any tools, equipment or explosives, except that, any minimal displacement or movement of ground caused by pedestrian or vehicular traffic or any other activity which does not disturb or displace surface conditions of the earth, asphalt, concrete, sand, gravel, rock or any other material in or on the ground shall not be deemed excavation.

 

(h) "Facilities" shall mean any conduit, duct, line, pipe, wire, hose, cable, culvert, tube, pole, receiver, transmitter, satellite dish, micro call, Pico cell, repeater, amplifier, or other device, material, apparatus, or medium, useable (whether actually used for such purpose or not) for the transmission or distribution of any service or commodity installed below or above ground within the Public Rights-of-Way of the Village, whether used privately or made available to the public.

 

(i) "Facilities Work" shall mean the installation of new Facilities, or any change, replacement, relocation, removal, alteration or repair of existing Facilities that requires excavation within the Public Rights-of-Way, except for the occasional replacement of utility poles and related equipment at the existing general location that does not involve either a street or sidewalk cut.

 

(j) "Permit" means a Permit granted by the Village Engineer(1) to do Facilities Work within the Public Rights-of-Way.

 


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(k) "Person" shall mean an individual, partnership, association, joint stock company, trust, organization, limited liability company, corporation, or other entity, or any lawful successor thereto or transferee thereof, but such term does not include the Village.

 

(l) "Public Rights-of-Way" shall mean the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parkway, or other similar property in which the Village now or hereafter holds any property interest, which was dedicated as rights-of-way. No reference herein, or in any Permit, to "Public Rights-of-Way" shall be deemed to be a representation or guarantee by the Village that its interest or other right to control the use of such property is sufficient to permit its use for such purposes. "Public Rights-of-Way" does not include the airwaves above the rights-of-way with regard to cellular or other non-wire telecommunications or broadcast services, or easements obtained by utilities or private easements in platted subdivisions or tracts.

 

Sec. 3. Permitting Provisions:

 

(a) Permit Requirements.

Any Person desiring to conduct Facilities Work within Public Rights-of-Way must first apply for and obtain a Permit, in addition to any other zoning permit, floodplain permit, license, easement, or authorization required by law, unless such Facilities Work must be performed on an emergency basis, then the Person conducting the work shall as soon as practicable notify the Village of the location of the work and apply for the required Permit by the third business day following the commencement of the Facilities Work.

(1) All Applications for Permits shall be submitted to the Village Engineer (1). The Village Engineer (1) shall design and make available standard forms for such Applications, requiring such information as the Village Engineer determines to be necessary, consistent with the provisions of this Chapter, to accomplish the purposes of this Chapter.

 

(2) Each such Application shall be accompanied by payment of fees as designated in this chapter.

 

(3) The Village Engineer shall review each Application for a permit and, upon determining that the Applicant has authority to Perform the desired Facilities Work and that the Applicant has submitted all necessary information and has paid the appropriate Fee, shall issue the Permit, except as provided in subsection (4). In order to avoid excessive processing and accounting costs to either the Village or the Applicant, the Village Engineer shall have authority to establish procedures for bulk processing of Applications and periodic payment of fees.

 

(4) It is the intention of the Village that disruption of the Public Rights-of-Way should be minimized. Upon receipt of an Application for a Permit, the Village Engineer shall do the following:

 

(a) Evaluate the degree of excavation necessary to perform the Facilities Work in the Right-of-Way and determine whether the excavation will be more than minor in nature. If the Applicant can show to the Village Engineer's reasonable satisfaction that the Facilities Work involves any of the following: (a) no significant disruption or damage to the Public Rights-of-Way, or (b) time sensitive maintenance; then the Village Engineer shall grant the Permit without delay provided that if the permit is not issued in ten business days, the aggrieved party may appeal as provided in subsection 8; and

 

(b) For circumstances where the Village Engineer determines that there will be significant excavation of the Public Rights-of-Way and no exemption under (4)(a) or any other provision of this section applies, the Village Engineer may, consistent with the time requirements set forth in Section (3) and in the Permit, direct Permit holders performing Facilities Work in the same area to consult on how they may schedule and coordinate their work to accomplish the goal of this section.

 

(5) Each Permit shall include projected commencement and termination dates or, if such dates are unknown at the time the Permit is issued, a provision requiring the Permit holder to provide the Village Engineer with reasonable advance notice of such dates once they are determined; length of Public Rights-of-Way; number of road crossings; information regarding scheduling and coordination of Facilities Work if applicable; and location of Facilities.

 

(6) The Village Engineer may include in Permits such conditions and requirements as are reasonably necessary to protect structures and Facilities in the Public Rights-of-Way from damage and for the proper restoration of such Public Rights-of-Way, structures and Facilities, and for the protection of the public and the continuity of pedestrian and vehicular traffic.

 

(7) The Village Engineer(1) may deny a permit application for the following reasons if deemed in the public's interest:

 

(a) undisputed past due fees from prior permits,
(b) failure to return the right-of-way to its previous condition under previous permits,
(c) undue disruption to existing utilities, transportation or Village use,
(d) area is environmentally sensitive as defined by state or federal statute,
(e) failure to provide required information, and
(f) the applicant is in violation of the provisions of this chapter.

 

Notwithstanding the provisions of Subsections (7)(c) and (7)(d) above, the Village Engineer will cooperate with the Applicant to identify alternative routes, which most nearly match the routes requested by Applicant for the placement of facilities.

 

(8) Applicant may appeal any final decision of the Village Engineer (1) to: (a) the Village Administrator (1), which appeal shall be acted upon by the Village Administrator (1) within five (5) business days; and (b) If denied by the Village Administrator the applicant may then appeal to the governing body of the Village, which shall consider the appeal within sixty (60) days or at its next regular meeting, whichever occurs first.

 

(9) Applicant must pay the following fees:

Any fees collected pursuant to this section will be used only to reimburse the Village for its actual incurred cost of managing the rights-of-way and will not be used to generate revenue to the Village above such costs. The Village may not require or accept in-kind services in lieu of any fee.

 

(a) Permit Fee: A fee charged to recover the Village's actual costs for an applicant's facilities work in the right-of-way including the costs of processing permits, inspections and administration of this ordinance, excluding legal fees relating to the interpretation or enforcement of this ordinance including all such appeals. The permit fee is indicated on the Village’s permit fee schedule.  An Applicant shall deposit with the Village funds sufficient to reimburse the Village for all reasonable costs of consultant and expert evaluation and consultation to the Village in connection with the review of any application. The initial deposit shall be $500.00. The Village will maintain a separate escrow account for all such funds. The Village’s consultants/experts shall invoice the Village for its services in reviewing the application, including the construction and modification of the site, once permitted. If at any time during the process this escrow account has a balance less than $100.00, the Applicant shall immediately, upon notification by the Village, replenish said escrow account so that it has a balance of at least $500.00. Such additional escrow funds shall be deposited with the Village before any further action or consideration is taken on the Application. In the event that the amount held in escrow by the Village is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the Applicant.


(b) Applicant Subject to Other Laws, Police Power.

 

(1) An Applicant shall at all times be subject to all lawful exercise of the police powers of the Village, including but not limited to all powers regarding zoning, supervision of construction, and control of Public Rights-of-Way.

 

(2) No action or omission of the Village shall operate as a future waiver of any rights of the Village under this Chapter.

 

(3) The Village shall have the maximum plenary authority to regulate Applications, Permits and Facilities Work as may now or hereafter be lawfully permissible. Except where rights are expressly granted or waived by a Permit, they are reserved, whether or not expressly enumerated. This Chapter may be amended from time to time and in no event shall this Chapter be considered a contract between the Village and an Applicant such that the Village would be prohibited from amending any provision hereof.

Back to Table of Contents

Sec. 4. Facilities Work:

 

(a) Oversight of Facilities Work.

 

(1) An Applicant shall construct, operate and maintain Facilities subject to the supervision of all of the authorities of the Village who have jurisdiction in such matters, and in strict Compliance with this ordinance, all applicable zoning and construction permitting ordinances, departmental rules and regulations.

 

(2) Facilities Work shall be subject to periodic inspection by the Village.

 

(3) The Village Engineer shall have full access to all portions of Facilities Work and may issue stop work orders and corrective orders to prevent unauthorized work. Such corrective or stop work orders shall state that work not authorized by the Permit is being carried out, summarize the unauthorized work and provide a period of not longer than thirty (30) days to cure the problem, which cure period may be immediate if certain activities must be ceased to protect the public safety, and may be delivered personally or by certified mail to the address listed on the Application for Permit or to the person in charge of the construction site at the time of delivery. Such orders may be enforced by equitable action in the Mayors Court of New Richmond, and if the Village prevails in such case, the Person involved in the Facilities Work shall be liable for all costs and expenses incurred by the Village, including reasonable attorney's fees, in enforcing such orders, in addition to any and all penalties established in this Chapter.

 

(4) Any Person who engages in Facilities Work in the Public Rights-of-Way and who has not received a valid Permit from the Village shall be subject to all requirements of this Chapter. Except in those instances where Facilities Work must be performed on an emergency basis, the Village may, in its discretion, at any time until a Permit is secured, order the Facilities Work ceased and do any of the following: require such Person to apply for a Permit within thirty (30) days of receipt of a written notice from the Village that a Permit is required; require such Person to remove its property and restore the affected area to a condition satisfactory to the Village, or take any other action it is entitled to take under applicable law, including, but not limited to, filing for and seeking damages for trespass.

(b) Construction standards.

 

(1) The construction, operation, maintenance, and repair of Facilities shall be in accordance with applicable health, safety, and construction codes.

 

(2) All Facilities shall be installed and located with due regard for minimizing interference with the public and with other utility users of the rights of way, including the Village.

 

(3) An Applicant shall not place Facilities where they will damage or interfere with the use or operation of previously installed Facilities, or obstruct or hinder the various utilities serving the residents and businesses in the Village of their use of any Public Rights-of-Way.

(4) Any and all Public Rights-of-Way disturbed or damaged during the Facilities Work shall be promptly repaired or replaced by the Applicant to its previous condition.

 

(5) Any contractor or subcontractor used for Facilities Work must be properly licensed under laws of the state and all applicable local ordinances, and each contractor or subcontractor shall have the same obligations with respect to its work as an Applicant would have hereunder and applicable laws if the work were performed by the Applicant. The Applicant shall be responsible for ensuring that the Work of contractors and subcontractors is performed consistent with its Permits and applicable law, shall be fully responsible for all acts or omissions of contractors or subcontractors, and shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor.

 

Sec 5. Performance Guarantees and Remedies:

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(a) Performance Bond.

 

(1) Prior to any Facilities Work in the Public Rights-of-Way,
an Applicant shall establish in the Village's favor a performance bond in an amount determined by non-discriminatory regulations promulgated by the Village Engineer as necessary to ensure the Applicant's faithful performance of the Facilities Work. Differences in bond requirements, including provisions for self-insurance or provisions for a single continuing bond where Facilities Work is conducted by the same Applicant under numerous permits, may be established by regulation based on the extent or nature of the Facilities Work, the past performance of the applicant and not based on the characteristics of the applicant. In lieu of a performance bond, applicant may provide an acceptable substitute with the approval of the Village Engineer.

 

(2) In the event an Applicant fails to complete the Facilities Work in a safe, timely, and competent manner, there shall be recoverable, jointly and severally from the principal and surety at the bond, any damages or loss suffered by the Village as a result, plus a reasonable allowance for attorneys fees, up to the full amount of the bond.

 

(3) Upon completion of the Facilities Work to the satisfaction of the Village Engineer, the Village Engineer shall eliminate the bond or reduce its amount after a time appropriate to determine whether the work performed was satisfactory, which time shall be established by the Village Engineer considering the nature of the work performed.

 

(4) A performance bond shall be issued by a surety acceptable to the Village, and shall contain the following endorsement:

"This bond may not be canceled, or allowed to lapse until sixty (60) days after receipt by the Village, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."

 

(5) Applicant shall, at its sole cost and expense, indemnify, hold harmless, and defend the Village, its officials, boards, board members, commissions, commissioners, agents, and employees, against any and all claims, suits, causes of action or proceedings, and judgments for damages or equitable relief which are caused by the acts, errors and omissions of Applicant arising out of the construction and maintenance of its Facilities.

 

(6) Recovery by the Village of any amounts under the performance bond or otherwise does not limit an Applicant's duty to indemnify the Village in any way, nor shall such recovery relieve an Applicant of its obligations under a Permit or reduce the amounts owed to the Village other than by the amounts recovered by the Village under the performance bond, or in any respect prevent the Village from exercising any other right or remedy it may have.

 

(b) Penalties.

 

For each violation of provisions of this Chapter or a Permit granted pursuant to this Chapter as to which the Village has given notice to Applicant as provided in this Chapter, penalties may be chargeable to the Applicant at a rate not exceeding $100 per day for so long as the violation continues.

 

Sec. 6. Miscellaneous Provisions:

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(a) Compliance With Laws.

Each Applicant shall comply with all applicable Village ordinances, resolutions, rules and regulations heretofore and hereafter adopted or established.

 

(b) Franchises Not Superseded. Nothing herein relieves the Village from any obligations under an existing franchise.

Nothing herein shall be deemed to relieve an applicant of the provisions of an existing franchise, license or other agreement or permit.

 

(c) Rights and Remedies.

 

(1) The exercise of one remedy under this Chapter shall not foreclose use of another, nor shall the exercise of a remedy or the payment of damages or penalties relieve an Applicant of its obligations to comply with its Permits. Remedies may be used alone or in combination; in addition, the Village may exercise any rights it has at law or equity.

 

(2) The Village hereby reserves to itself the right to intervene in any suit, action or proceeding involving any provisions of this Chapter.

 

(3) No Applicant shall 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.

 

(d) Incorporation by Reference.

Any Permit granted pursuant to this Chapter shall by implication include a provision that shall incorporate by reference this Chapter into such Permit as fully as if copied therein verbatim.

 

(e) Act of God.

An Applicant shall not be deemed in violation of provisions of this Chapter where performance was rendered impossible by war or riots, civil disturbances, floods, or other natural catastrophes beyond the Applicant's control, and a Permit shall not be revoked or an Applicant penalized for such noncompliance, provided that the Applicant takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with its Permit without unduly endangering the health, safety, and integrity of the Applicant's employees or property, the public, Public Right-of-Way, public property, or private property.

 

(f) Calculation of Time.

Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Chapter or any Permit, and a period of time is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time.

 

(g) Severability.

If any term, condition, or provision of this Chapter shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision that has been held invalid is no longer invalid, said provisions shall thereupon return to full force and effect without further action by the Village and shall thereafter be binding on the Applicant and the Village.

 

Sec. 7. Annexation:

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The provisions hereof shall specifically apply to any lands or property annexed as of the date of such annexation.

 

Sec. 8. Relocation of Facilities:

 

Whenever, by reason of changes in the grade or widening of a street or in the location or manner of constructing a water pipe, drainage channel, sewer, or other Village-owned underground or above ground structure it is deemed necessary by the Village to move, alter, change, adapt, or conform the underground or above ground facilities of user, user shall make the alterations or changes, on alternative right-of-way provided by the Village, if available, as soon as practicable after being so ordered in writing by the Village without claim for reimbursement or damages against the Village.

 

Sec. 9. Standards Applicable To Village:

 

Any standards in this chapter relating to Facilities Work shall be fully applicable to work performed by the Village and its departments.

 

Sec. 10. Savings Clause:

 

Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplement or otherwise nullify any other ordinances of the Village or requirements thereof, whether or not relating to or in any manner connected with the subject written hereof, unless expressly provided otherwise herein or hereafter.

This Ordinance shall be in full force and take effect from and after the date of its final passage by the Council Members and approval by the Mayor.

 

Adopted: 5-28-2002

 

Amended: December 10, 2002

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 NATIONAL FLOOD INSURANCE PROGRAM 


NATIONAL FLOOD INSURANCE PROGRAM   
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The Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program (NFIP). The NFIP offers flood insurance to communities that comply with minimum standards for floodplain management. Through the National Flood Insurance’s Community Rating System Program (CRS) flood insurance reductions are awarded. The Village goes beyond the minimum standards that are required of the program. The Village preserves open space in the floodplain, enforces standards for safe development and informs people about flood hazards. As of May 1, 2002, there were 948 communities participating in the CRS program. Twenty percent of the communities are in a class 7 or higher. Altogether, the 948 communities bring policyholders over $93 million dollars in annual flood insurance premium reductions. Just recently the Village of New Richmond was rated as a class 8 which means any flood insurance policy issued or renewed beginning October 1, 2002 will receive a 10% premium discount. More information about the NFIP, CRS and flood related issues could be obtained at
www.fema.gov, www.redcross.org, www.newrichmond.org or by calling the Community Development Office at 553-4146.