Page 1 of 11 Approved James G. Beasley, P.E., P.S., Director Standard Procedure No.: 512-001 (SP) Effective: 8/22/07 Responsible Office: Office of Maintenance Administration Revised: 7/17/07 VEGETATION MAINTENANCE PERTMITTING FOR VISIBILITY OF LOCATIONS OFF THE RIGHT-OF-WAY PROCEDURAL STATEMENT: The Ohio Department of Transportation (ODOT) recognizes the State of Ohio s desire to ensure that high quality, aesthetically pleasing views are to be provided to our highway users, along with recognizing the view to commercial properties adjacent to the highway are an integral part of the State s business and marketing economy plan. Permits for maintaining vegetation to enhance the views to office, institutional, commercial and industrial developments, and legally erected outdoor advertising devices which border State highways controlled for Maintenance purposes, are covered in this standard procedure. As a result, this Standard Procedure will establish statewide practices and procedures for trimming, removing and maintaining vegetation, while enhancing the view of the motoring public. While recognizing the need for the viewing enhancements, the development of the highway and safety of the motoring public shall continue to outweigh the importance of enhancing the views to outdoor advertising devices, office, institutional, commercial, and industrial developments. The standard procedure will be overseen by the Office of Maintenance Administration, to provide uniform standards of acceptable maintenance practices for the maintenance of vegetation along highways. Vegetation Maintenance activities include the trimming or removal of vegetation, installation of vegetation, application of herbicides, mowing, landscape design, access to the work site, litter removal, and other related vegetation management issues. AUTHORITY: Ohio Revised Code, Sections 5516.01, 5516.10, 5516.12, 5516.14, and 5516.99 23 C.F.R. (Code of Federal Regulation) 750.151 to 750.155 23 USC 103(b) and (e), 131 Roadside Vegetation Management Mowing and Herbicide Application Policy 512-002(P)
Page 2 of 11 REFERENCES: 1. Roadside Safety Landscaping Guidelines 2. Construction and Material Specifications, current edition 3. Ohio Manual of Uniformed Traffic Control Devices (OMUTCD), current edition 4. American National Standard Institute (ANSI) A300 (Part 1)-2001 Pruning 5. Technical Guidance for Indiana Bat, TG-ECO-01-07 SCOPE: County, District, and Central Office personnel shall be involved in the review and/or granting of permits to maintain vegetation along the highway system. DEFINITIONS: Advertising Device: includes any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or any other contrivance designed, intended, or used to advertise or to give information in the nature of advertising, or any part thereof, the advertising or informative contents of which are visible from the main traveled way of any highway on the interstate system or primary system in this state. Visible: means capable of being seen and comprehended without visual aid by a person having 20/20 vision traveling the posted speed limit on the main traveled way of the highway. Interstate System: means that portion of the interstate system, or the national highway system, located within this state, as designated by the Director of Transportation and approved by the Secretary of Transportation of the United States, pursuant to 23 U.S.C.A. 103(b) and (e). Erect: means to construct or allow to be constructed, but it does not include any activity when performed as an incident to the change of advertising message or normal maintenance of a sign or sign structure. Maintain: means to preserve, keep in repair, continue, allow to exist, or to restore. Primary System: means the Federal-aid primary system in existence on June 1, 1991, and any highway which is not on such system but which is on the National Highway System. Scenic Byway: means any linear transportation corridor as designated or as may hereafter be so designated by the Director under the Ohio scenic byways program as having outstanding scenic qualities.
Page 3 of 11 Scenic River: means any river that has been designated by the Ohio Department of Natural Resources or the U.S. Department of Interior as a Wild, Scenic or Recreational component of the State or National Scenic River System. Director: means the Director of the Ohio Department of Transportation. Permittee: person or company that has been granted a permit to perform work on the highway roadside. Responsible ODOT District: is the ODOT District in which vegetation trimming, removing or maintaining is being requested to take place. Desirable Vegetation: vegetation that is determined as desirable by either ODOT personnel or a certified arborist. Desirable vegetation has either an aesthetic or monetary value and is not considered dead or unwanted vegetation by the responsible ODOT District permit office. Plants listed on a recognized invasive or noxious plant listing are not considered desirable and will not be replaced. Desirable trees are 1.5 in caliper at D.B.H. and any plant that was planted as part of an ODOT planting project. If the tree is multi-stemmed, the largest caliper stem will be measured at D.B.H. Dead Breast Height (D.B.H.): caliper inch measurement taken 54 above the ground. Compensatory Vegetation: ODOT approved vegetation that is purchased, planted, and guaranteed to survive as described in the current edition of the Construction and Material Specifications manual. Compensatory trees will be at least 1.5 in caliper at D.B.H. unless otherwise accepted by the appropriate ODOT District permit office. The cumulative value of the compensatory vegetation shall equal the cumulative value of the removed desirable vegetation. Cumulative Value: is determined by a certified arborist s report identifying the existing vegetation within the work site and the replacement cost including all labor and materials for all desirable vegetation within that work site. The cumulative value determined in the certified arborist s report must be approved by the ODOT District permit office. ODOT District Permit Office: office in charge of issuing permits for work to be performed along the right-of-way. Maintenance Agreement: an agreement between ODOT and the permit applicant listing the work to be performed, how it will be performed, what materials will be used, and other information that is specific to the permit when landscaping is installed that needs continual maintenance. Ohio Manual of Uniformed Traffic Control Devises (OMUTCD): regulates how traffic control is to be erected on the right-of-way.
Page 4 of 11 Construction and Materials Specifications Manual (CMS): provides requirements for ODOT construction and maintenance projects. Work Site: the specific section of the right-of-way between the beginning and end point of the approved location where vegetation pruning, trimming, removal, and/or planting shall be performed. M&R 505: is the ODOT permit application. M&R 509: is the ODOT approved permit. M&R 696: is the Supplemental Specifications for Spraying, Trimming, or Removal of Trees or Brush. M&R 678: is the ODOT Permit Inspection Certificate. Technical Guidance for Indiana Bat, TG-ECO-01: for additional information please visit http://www.dot.state.oh.us/oes/tech_guidence.htm. PROCEDURE: I. PERMIT APPLICATION PROCESS A. Permit applications for selective vegetation thinning, pruning, removal or planting will be made by the applicant to the appropriate ODOT District permit office. A separate application must be submitted for each work site. This application and pending permit, does not cover earthwork or grading performed on the right-of-way, or the erection or maintenance of an outdoor advertising device. B. A permit must be secured prior to performing any vegetation thinning, pruning, removal or planting. The permit shall be effective for one year from the date of issuance unless tied to a maintenance agreement. Any permitted work not completed during that year will require the submission of a new application. C. A separate permit is required if the applicant needs to access the right-of-way to review the site in preparation of creating an application for vegetation maintenance. The applicant must submit an M&R 505 Permit Application for right-of-way access to review the site, as shown in Appendix A, including the reason for the permit. One right-of-way access permit may cover multiple locations within the appropriate ODOT District. D. All permit applicants must submit a completed M&R 505 Permit Application
Page 5 of 11 for vegetation trimming, removal and/or planting, as shown in Appendix A, with all required documentation, to the responsible ODOT District permit office before a permit and an agreement to maintain vegetation will be granted. The following is a list of all required documentation that must be submitted with the completed M&R 505 Permit Application for vegetation trimming and/or removal: 1. A certificate of commercial general liability insurance documenting compliance with the current ODOT CMS manual section 107.12; 2. The advertising device s state permit number, if the application is for the opening of view to an advertising devise; 3. A copy of a local permit allowing access to the right-of-way, if required by the locality; 4. A detailed site plan identifying at a minimum, the following items: a. The requested limits of the work site for the proposed vegetation thinning, pruning, removal, or planting; b. The existing vegetation in the work site; c. A detailed identification of the requested action, such as thinning, pruning, removal or planting, and the proposed caliper inch for the identified and proposed vegetation within the limits of the work site; d. The right-of-way line within the work site; e. How work crews will access the right-of-way; f. Proposed gates in the limited access fence, if needed, to access the right-of-way; g. The edge of pavement line within the work site; h. A site plan scale showing the actual distances indicated in the site plan; and i. A table or a key identifying vegetation and other icons indicated on the site plan; 5. Photographic images of the work site; 6. A certified arborist s signed, written report identifying the existing vegetation, and the thinning, pruning, or removal requested for each identified vegetation. This report shall also include a statement that the work to be performed is consistent with arboricultural standards and identify the replacement cost for all desirable vegetation within the work site; and 7. A performance bond in an amount for the greater of $10,000.00 or the vegetation s cumulative value, to run concurrently with the permit or the
Page 6 of 11 maintenance agreement to restore the right-of-way to the original condition if damage occurs. II. CONSIDERATIONS FOR PERMIT APPLICATION CREATION A. The limits of the work site for an application will be restricted by the applicant s willingness to compensate for ODOT identified desirable vegetation and to incorporate the appropriate pruning of identified vegetation. The limits of the work site must be identified at the work site without damaging the right-of-way. No equipment can occupy or work be performed on the right-of-way outside the limits of the work site. B. If the applicant is requesting access to the right-of-way from private property, the application must include a notarized statement from the private property owner or provide a copy of the leasehold agreement with the private property owner, proving the applicant has the right to access the right-of-way from the private property. C. In the case of opening visibility to facilities adjacent to the highway, selective vegetation thinning, pruning, removal, or planting will be permitted only for the applicant's facilities where such facilities have been constructed. The provisions will not be used to provide visibility to undeveloped property. D. In compliance with the Technical Guidance for Indiana Bat, TG-ECO-01-07, ODOT Environmental Services (ODOT-OES) shall be notified by the appropriate ODOT District permit office and shall complete a potential Indiana Bat Habitat Characterization worksheet for each work site where a tree larger than 8 caliper at D.B.H. is listed to be removed. This worksheet shall determine if further consultation is required by the U.S. Fish and Wildlife Service due to effects to the federally endangered Indiana Bat. ODOT shall not issue a vegetation permit for any work site where a tree larger than 8 caliper at D.B.H. is listed to be removed without a completed potential Indiana Bat Habitat Characterization worksheet and written authorization from ODOT-OES that the proposed work has no effect on the Indiana Bat. E. All work must conform with the current state and federal law and must comply with the current ODOT Roadside Safety Landscaping Guidelines as listed in Volume One of the Location and Design Manual and comply with the current OSHA regulations. F. Vegetation used as a living snow fence must be maintained to allow vegetation to continue functioning as a living snow fence. G. All bare ground left exposed after the removal of vegetation must be seeded in accordance with ODOT s CMS manual 659 entitled Seeding and Mulching.
Page 7 of 11 H. All trimming and removal work performed must be in compliance with M&R 696 Supplemental Specifications for Spraying, Trimming, or Removal of Trees or Brush, as shown in Appendix C. I. If the application for vegetation cutting is for a site located within the corporate limits of a city or town, local officials must be given the opportunity to review and comment on the application. J. Pruning and Thinning 1. An approved ODOT representative and the applicant s certified arborist will agree upon and identify specific trees, shrubs, and other vegetation that may be pruned or thinned in the work site. 2. When trees are pruned, the pruning must be performed in accordance with the general appearance of Appendix F and must follow current arboricultural standards as listed in the most current edition of ANSI A300 (Part 1)-2001 Pruning, Tree, Shrub, and Other Woody Plant Maintenance- Standard Practices (Pruning). 3. A certified arborist must be obtained by the applicant to review the proposed vegetation pruning and thinning. The certified arborist must submit a signed, written report with the application for vegetation maintenance stating that the work to be performed is consistent with arboricultural standards. 4. A list of certified arborists can be obtained by contacting the International Society of Arboriculture. K. Removal and Compensation 1. An approved ODOT representative and the applicant or the applicant s certified arborist will agree upon and identify specific trees, shrubs, and other vegetation that may be removed within the limits of the work site. 2. Tree removal may be performed by cutting down a tree, however all root masses must remain in tact in order to ensure there is no soil disturbance. 3. All saw dust and wood chip piles created from the removal of desirable vegetation must be removed from the work site. 4. When desirable vegetation is removed, the Department shall be compensated one hundred and twenty five percent (125%) of the
Page 8 of 11 determined cumulative value for the removed desirable vegetation either by a planting of compensatory vegetation or payment for the desirable vegetation removed. 5. If the applicant chooses compensatory vegetation replanting, the appropriate ODOT District permit office shall determine the details of the compensatory vegetation replanting based upon the cumulative value of the identified desirable vegetation. Final approval for compensatory vegetation shall be made by the appropriate ODOT District permit office. Location of compensatory vegetation replanting will be in areas within the right-of-way as determined by the appropriate ODOT District permit office. Taller growing species of plants may be replaced with approved lower growing varieties within the limits of the work site. 6. A list of suitable trees and shrubs is attached in Appendix E. Other trees and shrubs not identified on the list may be used with the approval of the appropriate ODOT District permit office. L. Maintenance Agreements 1. If landscaping is installed, including for purposes of compensatory vegetation replanting, a Maintenance Agreement must be created to establish administrative procedures, including but not limited to, the maintenance work and maintenance schedule to be performed by the applicant. 2. The Department realizes that each Maintenance Agreement is unique. Accordingly, some modifications to the ODOT Standard Vegetation Maintenance Agreement as provided in Appendix G will be considered. The proposed Maintenance Agreement shall be submitted to the appropriate ODOT District permit office and forwarded to the Office of Maintenance Administration and the Office of Roadway Engineering Services, if necessary, to be reviewed, and forwarded to the Department s Chief Legal Office for signature before the Maintenance Agreement is complete. 3. Failure to comply with all the requirements specified in the Maintenance Agreement may result in immediate cancellation of the Maintenance Agreement and forfeiture of all or part of the performance bond. III. ISSUANCE OR DENIAL OF PERMIT A. Within 45 days following receipt of the application for vegetation maintenance, the appropriate ODOT District permit office will approve or deny the application after performing an on site inspection of the location.
Page 9 of 11 B. If the application is approved, the Permittee will be given an M&R 509 Permit, as shown in Appendix B. The M&R 509 Permit must be onsite during any work activities to be shown as proof of legal access to the right-of-way. C. If the application is denied, the appropriate ODOT District permit office will advise the applicant, in writing, of the reasons for denial. D. All or part of an application may be denied by the appropriate ODOT District permit office when: 1. Removal of vegetation will adversely affect the safety of the traveling public or the public right-of-way; 2. The application is for the opening of view to an advertising devise which has been declared illegal or is currently involved in litigation with the department; 3. It is determined that the facility or advertisement is not screened from view; 4. Trees, shrubs, or any vegetation that was planted in accordance with a local, State, or Federal beautification project are identified as being removed; 5. Planting was done in conjunction with a designed noise barrier, living snow fence, visual barrier, erosion control, or an aesthetics enhancement to the roadside; 6. ODOT has deemed the identified vegetation to have aesthetic value as viewed from the highway; 7. The applicant has not performed satisfactory work on previous permits; 8. The proposed removal would open views to junkyards; 9. The application is contrary to ordinances or rules and regulations enacted by local government, within whose jurisdiction the work has been requested to be performed; 10. The work site is within one thousand feet (1,000 ) of any State Scenic River or Scenic Byway; or 11. The proposed work may affect the federally endangered Indiana Bat.
Page 10 of 11 IV. CONDITIONS, ENFORCEMENT, AND INSPECTION OF PERMIT A. When desirable vegetation is removed, payment or planting of the compensatory vegetation must be completed before any vegetation removal may occur unless approved by the appropriate ODOT District permit office. Compensatory vegetation shall be planted in accordance with the current version of Item 661 Planting Trees, Shrubs, and Vines of ODOT s CMS manual and the Roadside Safety Landscaping Guideline. All trimming and removal work performed must be in compliance with M&R 696 Supplemental Specifications for Spraying, Trimming, or Removal of Trees or Brush, as shown in Appendix C. B. ODOT inspections will occur at a minimum the following times: 1. After the application is submitted and before the permit is approved or denied; 2. After the tree pruning, trimming, removal, and/or planting is completed; and 3. If planting has been performed, two weeks before the establishment period has expired as per the ODOT CMS manual. Each inspection shall be documented by the ODOT inspector. After the final inspection, the ODOT inspector will complete an M&R 678 Permit Inspection Certificate, as shown in Appendix D. The completed M&R 678 will be returned to the appropriate ODOT District permit office and filed. C. Once the permitted work is completed and approved by the ODOT inspector, the permit will be terminated. After the permit is terminated, a new permit must be issued before re-entering the work site. D. The permittee or his agent shall not impede traffic on the highway in performing the permitted work. Access to the work site on controlled access highways must be determined by the appropriate ODOT District. The appropriate ODOT District permit office will determine the traffic control timing and signage that may be required. The permittee will furnish, erect, and maintain the required signs as directed by the appropriate ODOT District permit office and the current OMUTCD. If the appropriate ODOT District permit office grants the right to install a gate in the limited access fence to the permittee, the limited access fence must comply with all ODOT and FHWA regulations regarding limited access fences. E. Any damage to vegetation, highway fences, signs, paved areas, ditches, or
Page 11 of 11 other ODOT facilities will be repaired or replaced by the permittee to the satisfaction of the appropriate ODOT District permit office. All cut brush, logs, and other debris will be removed from the right-of-way and appropriately disposed of in areas provided by the permittee in accordance with current local, state, and federal laws including the Ohio Department of Agriculture s Emerald Ash Borer quarantine guidelines. F. Vegetation stumps must be cut flush to the ground. No burning or burying will be permitted on the highway right-of-way. When chipping is used to dispose of cut brush, all wood chips must be removed. G. Upon satisfactory completion of all work, the ODOT inspector will notify the appropriate ODOT District permit office that will then notify the permittee in writing of such acceptance of the performed work, terminate the permit, and return the performance bond. H. Failure to comply with all the requirements specified in the permit, unless otherwise mutually agreed to by the permittee and the appropriate ODOT District permit office, shall result in the immediate revocation of the permit and forfeiture of part or all of the performance bond as determined by the appropriate ODOT District permit office. TRAINING: Training will be offered to all ODOT District Permit Offices to implement this standard procedure. FISCAL ANALYSIS: This standard procedure is instructional only and does not have a fiscal impact.
Appendix A Page 1 of 2 MR 505 App No State of Ohio Department of Transportation Permit Application See Reverse side for additional requirements Office Use Only County/ Jurisdiction Rte Log Pt Acc Cat [1] This form must be completed by the property owner or agents working for a utility company (if applicable). Application by contractor is unacceptable. Name Address City State Zip Phone ( ) Other (Fax, E-mail) [2] Type of Permit requested: Commercial (See other side) Residential Field Utility Drainage Beautification (See other side) Spraying, trimming, tree removal Other [3] Briefly describe work to be performed. (Attach plans and see Instructions.) Traffic Plan [4] Location where work is to be performed. Give sufficient detail to locate the site accurately, such as the distance in miles or feet from a mile post or from some geographical feature such as an intersecting highway. In County (along, across) State Route, miles or feet North East West South of on the North East West South side of the road. Work to commence on and will require days to complete. [5] Does the property owner own or have any interests in any adjacent property? Yes No If yes, please describe. [6] Prior to any excavation in the highway right-of-way, the Ohio Utilities Protection Service (OUPS) must be contacted in accordance with ORC Section 3781.25 to 3781.32. OUPS can be reached at 1-800-362-2764. A call must be made to OGPUPS at 1-800-925-0988. [7] Open cutting of pavement shall not be permitted unless no reasonable alternate method is available. Written approval of the Ohio Department of Transportation District Office must be obtained. [8] All work requiring men or vehicles within ODOT right of way shall comply with all applicable requirements of the Ohio Manual of Traffic Control Devices and Item 614 (Maintaining Traffic) of the Construction and Material Specifications, latest editions. Failure to comply with these requirements will be cause for immediate revocation or suspension of the permit until the proper traffic control devices have been provided. [9] I have received a copy of the policies and regulations pertaining to the permit for which I have applied. If a permit is subsequently issued to me by the Ohio Department of Transportation, I understand that the permit will state the terms and conditions for its use, and I agree to comply with all conditions and regulations stipulated on or attached to the permit. I also understand and agree that failure to comply fully with all conditions and regulations of the permit or any change in the use of the permit inconsistent with its terms and conditions will be considered a violation and cause for suspension, revocation, or annulment of the permit thereby rendering the permit illegal and subject to appropriate Department action, up to an including removal of the installation at the permittee s expense. SIGN and PRINT here Signature of Property Owner or Agent for Owner Date Day time Phone Rev 7/1/05 (See Other Side) Office use only Date Received By Date Accepted By
Additional Requirements 1. All requests for vehicular access connections (commercial and residential driveways and field drives) are subject to the requirements and provisions of the State Highway Access Management Manual. 2. Check with the issuing authority to determine which of the following documents and information are required and the number of copies needed to complete the review of your application. Plans should usually not be larger than 24"x 36." (A) Map or plat showing property location, property lines, amount of frontage on state highway and on other abutting public roads, if any; (B) Any existing access or easements of access on the property; (C) Highway and driveway plan profile; (D) Location of proposed access with respect to property lines and to the highway; NOTE: The proposed access location should also be physically marked on the property by a stake or other clearly visible means. (E) Design and type of construction of the proposed access; (F) Drainage plans showing drive culvert/pipe and impacts to the highway right-of-way; (G) Subdivision, zoning, or development plan, if applicable; (H) Maps and letters detailing utility locations before and after development in and along the right-of-way; (I) Signing and striping plans; (J) Traffic data and traffic control plan; (K) Proof of liability insurance; (L) Performance Bond, if required Commercial Development 3. If you are requesting a permit for Commercial Development, complete the following. Applicants seeking permits for development generating high traffic volumes (over 100 trip ends in the peak hour) are advised to request a preliminary meeting with appropriate ODOT and/or local officials prior to submitting a formal application for access. (3a) If the proposed access will serve residential development, what type (single family, apartment, townhouse) and number of units are in the proposed development? Type of Units Number of Units Type of Units Number of Units (3b) If the proposed access will serve business commercial or industrial development, what types and number of businesses are in the proposed development and what is floor area square footage of each? Type of Business Square Footage Type of Business Square Footage (3c) Number of vehicles using the access. Indicate if estimates are Peak hour = or Average daily volumes =. Number of Passenger Cars: Number of Multi Units: Total All Vehicles: (3d) Consulting Firm: Contact Name: Phone Number: Name of Contractor: Contact Name: Phone Number: Beautification Permit 4. If you are applying for Beautification Permit, complete the following. Please submit proof of insurance. Insurer s Name Address Phone ( ) Number of adults (over 18) under 18 Total people
(SP) Appendix B Page 1 of 2 MR 509 Permit No. State of Ohio Department of Transportation Permit Office Use Only County or Jurisdiction Rte Log Pt. [1] Subject to all terms, conditions, and restrictions printed, written below and on the reverse side hereof, or attached, Name Address, Phone ( ) is hereby granted a permit under Section 5515.01 and 5515.02 of Ohio Revised Code, and permission to perform work necessary in the manner described and at the location indicated in the following or as attached to this permit. [2] This permit shall be in the possession of employees on site at all times who are in charge of the work and shall be shown, upon request, to any employee of the Department of Transportation. [3] No work authorized by this permit shall begin until the permittee has contacted and received instructions from Phone (Authorized ODOT Employee NOTE: Any work performed by the permittee may be stopped if the above requirements are not met. [4] To the extent applicable, this permit shall be void if the work described herein is not completed in a workman -like manner, does not comply with the conditions, terms, and requirements applicable to this permit, and if the work is not completed by [5] All work requiring persons or vehicles within ODOT right-of-way shall comply with all applicable requirements of the Ohio Manual of Uniform Traffic Control Devices and Item 614 (Maintaining Traffic) of the Construction and Material Specifications, latest editions. Failure to comply with these requirements will be cause for immediate revocation or suspension of the permit until the proper traffic control devices have been provided. [6] The permittee accepts the conditions, terms, and requirements printed, written on, or attached to this permit and understands that failure to comply fully with those conditions, terms, and requirements or any change in the use of this permit inconsistent with its terms and conditions will be considered a violation and cause for suspension, revocation, or annulment of the permit thereby rendering the permit illegal and subject to appropriate Department action, up to an including removal of the installation, if applicable, at the permittee's expense. [7] Performance Bond Required? Yes No Company Effective Date Expiration Date Amount $ Permittee: Date: District Deputy Director: Date: (See Other Side)
General Provisions Applicable to All Permits (Sections 5515.01 and 5515.02 of O.R.C.) [I] This permit is not a substitute for satisfying the rights or obligations of any other party who may have an interest in the underlying fee interest. [2] The granting of this permit does not convey to the permittee or to the property served any rights, title, or interest in state highway rights of way or in the design or operation of the state highway; or in any way abridge the right of the Director of the Department of Transportation in his jurisdiction over state highways. If, in the process of any future work or for the benefit of the traveling public, it becomes necessary, in the opinion of the Director of Transportation to order the removal, reconstruction, relocation, or repair of any of the fixtures, or work performed under this permit, said removal, reconstruction, relocation, or repair shall be wholly at the expense of the owners thereof or the permitee and be made as directed by the Director of Transportation. Such changes in the state highway design or operation, necessary for improved safety and operation or for the benefit of the traveling public, shall not require a permit modification since the permit confers no private rights to the permittee over the control of the state highway. [3] The District Deputy Director acts for and on behalf of the Director in issuing and carrying out the provisions of all permits. The District Deputy Director has full authority to ensure that all provisions of the permit are met and to reject any materials, design, and workmanship that do not meet applicable Department standards. The District Deputy Director, at his/her discretion, may require a performance bond or certified check as a prerequisite to the issuance of a permit. [4] Failure on the part of the permittee to comply fully with the provisions and conditions of the permit will be cause for suspension, revocation, or annulment of the permit thereby rendering the permit illegal and subject to appropriate Departmental action. By accepting the permit, the permittee agrees to comply with all conditions, terms, and restrictions printed or written on or attached to the permit. If the permittee performs any work contrary to the conditions of the permit or to the instructions of the District Deputy Director and, after due notice, fails to correct the problem, the Department of Transportation may, with or without notice, correct such work and the permittee shall reimburse the Department for the costs. [5] The permittee shall indemnify and hold harmless the State of Ohio, Department of Transportation, its officers, representatives and assigns, from any and all loss, liability, damages, litigation costs, and claims for injury or death to any person, property, or business caused by or resulting from any act, omission, event, consequence, or occurrence, negligent or otherwise of the permittee, his employees, or assigns as a result of the issuance of this permit. [6] All work authorized under the permit shall be performed to the Department's satisfaction, and the entire expense shall be borne by the permittee. No work shall be performed until the permittee has contacted the Department's appointed representative named on the permit and received instructions. The Department's representative may inspect all work covered by the permit, or the Department reserves the right, during the time any or all of the work is being performed, to appoint an inspector over the work who shall represent the interest of the State on the work and any compensation arranged for shall be paid wholly by the permit holder. Work not in compliance shall be halted and the District Deputy Director shall be notified of the cause. The permittee shall be notified of the Department's action and its causes, and given an opportunity to correct the problem. [7] Failure to complete all work within the time specified on the permit shall void the permit, thereby making the permit illegal and subject to appropriate Departmental action. The permittee may request an extension in writing from the District Office, explaining why the extension is necessary and when the work is expected to be completed. [8] All work infringing on the pavement or shoulders shall comply with applicable standards and requirements regarding traffic control devices. Failure to comply will be cause for revocation or suspension of the permit. Any closure of lanes or shoulders shall be described in terms of location, duration, time of day, etc. Such work shall not begin until all traffic control devices are in place. [9] If any grading, sidewalk, or other work allowed by a permit interferes with the drainage of the highway in any way, such catch basins and outlets as necessary shall be constructed to take proper care of said drainage. [10] Upon completion of the work, the permittee shall leave the highway clean of all rubbish, excess materials, temporary structures and equipment, and all parts of the highway shall be left in a condition acceptable to the Department. Upon satisfactory completion of the work authorized by the permit, the Department's appointed representative shall complete the Permit Inspection Certificate, Form No. MR 678 certifying that the permittee has complied with the terms of the permit. [11] Except as herein authorized, no excavation shall be made or obstacle placed within the limits of the highway so as to interfere with the travel over the road. [12] All pole lines are to be built in accordance with Rule 4901:3-1-08 of Ohio Administrative Code promulgated and enforced by the Public Utilities Commission of Ohio. [13] The permittee shall comply with the Air Pollution requirements of Rule 3745-17-08 of the Ohio Administrative Code promulgated and enforced by the Ohio Environmental Protection Agency. [14] The permittee certifies that he or she is fully authorized to sign this permit. This permit shall apply to and be binding upon the permittee and his/her successors in interest. No change in ownership of the underlying property or of the facility owned by permittee shall in any way alter the permittee's obligations under this permit.
Appendix C Page 1 of 1 MR-696, Rev. 6/95 (Supplement to M&R 505, Revised, 6/95) STATE OF OHIO DEPARTMENT OF TRANSPORTATION Supplemental Specifications Spraying, Trimming, or Removal of Trees or Brush Prior to starting any work, and on a monthly basis thereafter, the applicant shall notify the District Permits representative of the Ohio Department of Transportation, describe the extent of the area to be covered or treated, and the amount or intensity of work proposed. All work done under this permit shall be done to the satisfaction of authorized representatives of the Ohio Department of Transportation. (No unnecessary collateral damage will be permitted). The Applicant shall: 1. Save harmless the State of Ohio and all of its representatives from all suits, actions, or claims of any character, brought on account of any injuries or damages sustained by any person or property in consequence of any neglect or on account of any act of omission as a result of the issuance of this permit. 2. During the progress of the work, install and maintain all traffic control devices as required for the protection of the traveling public in accordance with the Ohio Manual of Uniform Traffic Control Devices for Streets and Highways, current edition. 3. Make cuts in branch tissue as close as possible to the parent limb or trunk, without cutting into the branch, bark ridge, collar or leaving a stub; remove dead wood 2" or over in diameter, all in accordance with Standard Practices for Trees, Shrubs and Other Woody Plant Maintenance, ANSI A300. 4. All stumps and stubble shall be cut flush with the ground so as not to interfere with mowing. All logs, limbs, branches and rubbish generated by the operation shall be removed as the work progresses. 5. No foliar spray shall be permitted on trees or brush over 4' in height. Growth over that height shall be cut flush with the ground and the stump treated with herbicide. 6. Treated brush and trees shall be removed from the right-of-way as previously agreed upon with the District Permits representative. 7. No herbicide treatment shall be permitted on highway landscape plantings, trees, shrubs, or ground covers. 8. No burning shall be permitted within the right-of-way. 9. All pesticide applicators and operators shall be licensed as required by the Revised Code of Ohio. 10. Comply with Federal, State, or Local requirements applicable to said activities. 11. For longitudinal occupancy of highways within the jurisdiction of the Ohio Department of Transportation, the work limits for utility installations shall be defined as follows: 1) No greater than 15' left and right of the proposed centerline but shall not extend beyond the right-of-way line. 2) Prior approval for additional work limits will be required. 12. Any spraying, trimming or removal of trees or brush outside the 30' clear zone requires prior written approval by the District Horticulturist. 13. The permit shall be in possession of the permittee at all times and shall be shown upon request to any employee of the Department of Transportation or the State Highway Patrol.
Appendix D Page 1 of 1 M&R 678 Rev. 8-91 County District S.R. Section STATE OF OHIO DEPARTMENT OF TRANSPORTATION PERMIT INSPECTION CERTIFICATE TO BE FILLED IN BY DISTRICT Permittee Permit No. Class Date Issued Work Authorized TO BE FILLED IN BY INSPECTOR Work Completed As Authorized YES OR NO YES OR NO Variations Approved Not Approved Comments * Date Signed Title *If work not approved, so advise person in charge at work site, noting his name, and relationship to permittee, as well as date and time of inspection; note instructions given such person in charge, including stoppage of work if warranted. If no one at work site, so note. DOT-178
Appendix E Page 1of 4 Tree Type: Evergreen Trees Botanical Name Common Name Salt Tolerance Height at Maturity Abies balsema (Phanerolepis) Balsam Fir Low 40 to 75 Juniperus virginiana Eastern Red Cedar High 20 to 35 Picea abies Norway Spruce Medium 80 to100 Picea glauca White Spruce Medium 40 to 60 Picea pungens Colorado Spruce Medium 30 to 50 Pinus mugo Mugo Pine High 4 to 10 Pinus nigra Austrian Pine High 40 to 60 Pinus rigida Pitch Pine Low 20 to 100 Pinus strobus White Pine Low 50 to 80 Pinus virginiana Virginia (Scrub) Pine Low 20 to 40 Tree Type: FLOWERING DECIDUOUS Botanical Name Common Name Salt Tolerance Height at Maturity Acer ginnala Amur Maple Low 20 Acer pensylvanicum Striped Maple Low 35 Amelanchier canadensis Shadblow Servicebery High 6 to 15 Cercis canadensis Eastern Redbud Low 20 to 30 Crataegus crusgalli var. inermis Cockspur Hawthorn High 20 Crataegus punctata var. inermis Ohio Pioneer Ohio Pioneer Dotted Hawthorn Medium 20 Crataegus viridis Winter King Hawthorn Low 36 Malus sp. and cvs. - Crabapple Medium 15 to 25 Prunus americana American Plum Low 15 to 20
Appendix E Page 2of 4 Tree Type: Deciduous Shrub Botanical Name Common Name Salt Tolerance Height at Maturity Aronia arbutifolia Red Chokeberry Low 5 Calycanthus floridus Sweetshrub Low 6 to 10 Chionanthus virginicus White Fringe Tree Low 12 to 20 Cornus amonum Silky Dogwood Low 10 Cornus racemosa Gray Dogwood Low 15 Cornus sericiea Red Twig Dogwood Low 16 Hamamelis vernalis Vernal Witchazel High 6 to 10 Myrica pensylvanica Northern Bayberry Medium 25 Rhus aromatica Fragrant Sumac Low 5 Rhus copallina v. latifolia Prairie Flame Sumac Low 8 Rhus typhina Staghorn Sumac High 15 to 25 Rosa wichuriana Memorial Rose Low 1 to climbing Salix alba White Willow Low 60 to 75 Salix purpurea Purpleosier Willow High 5 to 7 Viburnum cassinoides Witherod Viburnum Low 15 Viburnum dentatum Arrowwood Viburnum High 5 to 9 Viburnum dilatatum Linden Viburnum Medium 8 to 10 Viburnum lantana Wayfaringtree Viburnum High 10 to 15 Tree Type: Deciduous Tree Botanical Name Common Name Salt Tolerance Height at Maturity
Appendix E Page 3of 4 Acer x Freemani Freeman Maple Medium 40 to 60 Acer saccharum Sugar Maple Medium 40 + Aesculus glabra Ohio Buckeye Low 70 Alnus glutinosa European Alder Low 60 Gleditsia triacanthos var. inermis Thornless Honey Locust High 40 to 50 Ginko male trees only Medium 40 + Gymnocladus dioica Kentucky Coffeetree High 40 + Liquidambar styraciflua American Sweetgum High 40 + Liriodendron tulipifera Tulip Poplar Low 40 + Nyssa sylvatica Black Tupelo Low 95 Populus deltoides Eastern Cottonwood Medium 70 to 100 Populus tremuloides Quaking Aspen Medium 40 to 50 Quercus alba White Oak High 60 to 100 Quercus bicolor Swamp White Oak Medium 80 Quercus coccinea Scarlet Oak Medium 75 Quercus imbricaria Shingle Oak Medium 40 to 60 Quercus macrocarpa Burr Oak Medium 100 Quercus palustris Pin Oak Low 60 to 80 Quercus rubra Red Oak High 60 to 75 Quercus velutina Black Oak High 60 to 75 Taxodium distichum Common Baldcypress High 100 to 150 Tilia americana Redmond American Linden Medium 40 +
Appendix E Page 4of 4 Ulmus Americana Valley Forge Elm Low 120
Appendix F Page 1of 1
Appendix G Page 1 of 8 ODOT Agreement No. AGREEMENT BETWEEN THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION AND TO MAINTAIN THE HIGHWAY LANDSCAPING AT THE INTERCHANGE OR HIGHWAY CORRIDOR OF This agreement is made by and between the State of Ohio, acting by and through the Director of the Ohio Department of Transportation (hereinafter referred to as ODOT ), 1980 West Broad Street, Columbus, Ohio 43223 and (hereinafter referred to as the APPLICANT ),. 1. PURPOSE 1.1 Sections 5501.11(D) and 5501.31 of the Ohio Revised Code provides that ODOT may cooperate with municipal corporations in the establishment, construction, reconstruction, and improvement of public roads and bridges. 1.2 Section 5501.03(A)(3) of the Ohio Revised Code provides that the Director of Transportation may coordinate the activities of the Department of Transportation with other appropriate public authorities and enter into contracts with such authorities as necessary to carry out its duties, powers and functions. 1.3 The APPLICANT is willing to provide materials and, by way of construction, the costs associated with constructing the improvements, and is willing fully to cooperate with ODOT in completing and maintaining the PROJECT and ODOT is willing to accept the contribution under certain conditions. 2. SCOPE OF WORK 2.1 The work to be performed under this Agreement shall consist of the following:
Appendix G Page 2 of 8 The design and construction of landscape plantings as fully described in the vegetation maintenance plans titled, and approved by ODOT, District Permit Office, and ODOT Agreement No.. 2.2 All work on the PROJECT shall be accomplished in accordance with the latest Permitting for Vegetation Maintenance Standard Procedure, Design Criteria, Standard Drawings and Construction and Materials Specifications of ODOT, which shall include provisions for a Maintenance of Traffic Plan ( Plans and Specifications ), as agreed to by the APPLICANT. 3. OBLIGATION OF THE APPLICANT 3.1 The APPLICANT agrees to furnish, at no cost to ODOT, a complete set of the Plans and Specifications of the PROJECT prepared by (name of design firm), and to submit the same in a timely manner for review and approval by ODOT and, if necessary, the FHWA. 3.2 The APPLICANT agrees to cooperate with ODOT and, where necessary, the FHWA in obtaining the approval of the PROJECT Plans and Specifications by all necessary parties. 3.3 The APPLICANT agrees to pay the entire cost of the PROJECT including, but not limited to, and landscape plantings, as detailed in the Plans and Specifications and in subsequent change orders. As herein, cost means that total initial contract price adjusted upward or downward for change orders and claims made under the Construction and Material Specifications or under this Agreement. 3.4 The APPLICANT agrees to pay all costs and perform all construction, inspection, supervision, sampling and testing for the PROJECT.
Appendix G Page 3 of 8 3.5 The APPLICANT agrees to provide ODOT an executed copy of the Contract Agreement between the APPLICANT and its contractor. 4. OBLIGATIONS OF ODOT 4.1 ODOT agrees to grant to the APPLICANT a permit to use and occupy the ramps and rights-of-way in and abutting for purposes of this PROJECT. 5. LANDSCAPE REQUIREMENTS 5.1 The landscaping of the PROJECT will be accomplished by the APPLICANT letting a contract to a contractor or by the APPLICANT s own forces. 5.2 The APPLICANT shall prepare Plans and Specifications for any change orders required for satisfactory completion of the work. 5.3 The APPLICANT shall certify that the landscaping is completed in accordance with the provisions of the Agreement and in accordance with the current ODOT Construction and Materials Specifications and other appropriate and applicable specifications. 5.4 If the APPLICANT does anything contrary to the approved plans and specification and after due notice, fails to correct such action, ODOT may take those measures contained in the Construction and Materials Specifications to ensure full restitution and compliance. 5.5 Highway property, disturbed by the APPLICANT, shall be restored using materials, design and workmanship in conformance with the Ohio Department of Transportation Construction and Material Specifications, Location and Design Manual, or other existing Department Standards. 5.6 All work requiring men or vehicles on the pavement or shoulders shall comply with all of the requirements of the Ohio Manual of Uniform Traffic Control Devices
Appendix G Page 4 of 8 and Item 614 (Maintaining Traffic) of the Ohio Department of Transportation Construction and Materials Specifications. Failure to comply with the requirement will be cause for immediate suspension of contract work until the proper traffic controls have been provided. 5.7 The APPLICANT, upon completion of the work, shall leave the highway clean of all rubbish, excess materials, temporary structures and equipment and all parts of the highway disturbed by the PROJECT shall be left in acceptable condition. 6. NOTICE 6.1 Notice under this Agreement shall be directed as follows: Applicant s Name: Ohio Department of Transportation Address: Address: Attn: Attn: Telephone: Telephone: 7. BREACH OF CONTRACT 7.1 Neglect or failure of the APPLICANT to comply with any of the terms, conditions, or provisions of this Agreement, including misrepresentation of fact, shall be an event of default, unless such failure or misrepresentation are the result of natural disasters, strikes, lockouts, acts of public enemies, insurrections, riots, epidemics, civil disturbances, explosions, orders of any kind of governments of the United States or State of Ohio or any of their departments or political subdivisions, or any other cause not reasonably within the APPLICANT s control. The APPLICANT, however, shall remedy as soon as possible each cause preventing its compliance with this Agreement. 7.2 If notified by ODOT in writing that it is in violation of any of the terms, conditions, or provisions of this Agreement, and a default has occurred, the APPLICANT shall have thirty days or a time negotiated with ODOT from the date of such