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2. Permittee Restoration: If the permittee restores the right of way itself, it shall at the <br />time of application for an excavation permit, if the Director determines additional <br />security is necessary, post an additional performance and restoration bond in an amount <br />determined by the Director to be sufficient to cover the cost of restoration. If, 36 months <br />after completion of the restoration of the right of way, the Director determines that the <br />right of way has been properly restored, the surety on the performance and restoration <br />bond posted pursuant to this subsection shall be released. <br />C. 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 <br />authority to prescribe the manner and extent of the restoration, and may do so in written <br />procedures of general application or on a case-by-case basis. The Director in exercising <br />this authority shall be guided by the following considerations: <br />1. The number, size, depth and duration of the excavations, disruptions or damage to the <br />right of way; <br />2. The traffic volume carried by the right of way; the character of the neighborhood <br />surrounding the right of way; <br />3. The pre -excavation condition of the right of way; the remaining life expectancy of <br />the right of way affected by the excavation; <br />4. 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 <br />way that would otherwise result from the excavation, disturbance or damage to the right <br />of way; and <br />5. 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 />D. Guarantees: By choosing to restore the right of way itself, the permittee guarantees its <br />work and shall maintain it for 36 months following its completion. During this 36 <br />month period it shall, upon notification from the Director, correct all restoration work to <br />the extent necessary, using the method required by the Director. Said work shall be <br />completed within five calendar days of the receipt of the notice from the Director, not <br />including days during which work cannot be done because of circumstances <br />constituting force majeure or days when work is prohibited as unseasonal or <br />unreasonable under Section 707.15 of this Chapter. <br />E. Failure to Restore: If the permittee fails to restore the right of way in the manner and to <br />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 <br />event the permittee shall pay to the City, within 30 days of billing, the cost of restoring <br />the right of way. If permittee fails to pay as required, the City may exercise its rights <br />under the restoration bond. <br />F. Degradation Fee In Lieu of Restoration: In lieu of right-of-way restoration, a right-of- <br />way user may elect to pay a degradation fee. However, the right-of-way user shall <br />remain responsible for patching, and the degradation fee shall not include the cost to <br />accomplish these responsibilities. (Ord. 1209, 8-24-1998) <br />707.13: JOINT APPLICATIONS: <br />A. Joint Application: Registrants may jointly apply for permits to excavate or obstruct the <br />right of way at the same place and time. <br />B. With City Projects: Registrants who join in a scheduled obstruction or excavation <br />performed by the Director, whether or not it is a joint application by two or more <br />registrants or a single application, may not be required to pay some or all of the <br />obstruction and degradation portions of the permit fee, in the sole discretion of the <br />Director. <br />