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Roseville City Council
Document Type
Council Ordinances
Ordinance #
1209
Ordinance Title
Adding Chapter 707 to the Roseville City Code to administer and regulate the public right-of-way in the public interest, and to provide for the issuance and regulation of right-of-way permits, as amended by changing Section 707.15, Subdivision 4. Sc
Ordinance Date Passed
8/24/1998
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<br />determined by the Director to be sufficient to cover the cost of restoration. If, thirty-six <br />(36) months after completion of the restoration of the right-of-way, the Director <br />determines that the right-of-way has been properly restored, the surety on the <br />Performance and Restoration Bond posted pursuant to this subd. 2(b) shall be released. <br /> <br />Subd. 3. Standards. The permittee shall perform patching and restoration according to the <br />standards and with the materials specified by the Director. The Director shall have the authority <br />to prescribe the manner and extent of the restoration, and may do so in written procedures of <br />general application or on a case-by-case basis. The Director in exercising this authority shall <br />be guided by the following considerations: <br /> <br />(a) The number, size, depth and duration of the excavations, disruptions or damage to <br />the right-of-way; <br /> <br />(b) The traffic volume carried by the right-of-way; the character of the neighborhood <br />surrounding the right-of-way; <br /> <br />(c) The pre-excavation condition of the right-of-way; the remaining life-expectancy of <br />the right-of-way affected by the excavation; <br /> <br />(d) Whether the relative cost of the method of restoration to the permittee is in <br />reasonable balance with the prevention of an accelerated depreciation of the right-of-way <br />that would otherwise result from the excavation, disturbance or damage to the right-of- <br />way; and <br /> <br />(e) The likelihood that the particular method of restoration would be effective in slowing <br />the depreciation of the right-of-way that would otherwise take place. <br /> <br />Subd. 4. Guarantees. By choosing to restore the right-of-way itself, the permittee guarantees <br />its work and shall maintain it for thirty-six (36) months following its completion. During this <br />36-month period it shall, upon notification from the Director, correct all restoration work to the <br />extent necessary, using the method required by the Director. Said work shall be completed <br />within five (5) calendar days of the receipt of the notice from the Director, not including days <br />during which work cannot be done because of circumstances constituting force majeure or days <br />when work is prohibited as unseasonal or unreasonable under Section 707. 15. <br /> <br />Subd. 5. Failure to Restore. If the Permittee fails to restore the right-of-way in the manner <br />and to the condition required by the Director, or fails to satisfactorily and timely complete all <br />restoration required by the Director, the Director at its option may do such work. In that event <br />the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the <br />right-of-way. If permittee fails to pay as required, the City may exercise its rights under the <br />restoration bond. <br /> <br />Subd.6. Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right- <br />of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain <br /> <br />11 <br />
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