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Ord_1549
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Last modified
5/29/2018 10:48:09 AM
Creation date
4/18/2018 1:51:23 PM
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Roseville City Council
Document Type
Council Ordinances
Meeting Date
4/9/2018
Ordinance #
1549
Ordinance Title
An Ordinance Amending Selected Text of the Roseville City Code, Title 7, Chapter 707, to Regulate Small Wireless Facilities
City Code Chapter Amendment
Ch 707, Title 7
Ordinance Date Passed
4/9/2018
Ordinance Date Published
4/17/2018
Publication Type
Ordinance
Publication Newspaper
Review
Publication Date (lst)
4/17/2018
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permit, increased by as many days as work could not be done because of extraordinary <br /> circumstances beyond the control of the permittee, as determined by the Director, or when <br /> work was prohibited as unseasonal or unreasonable under Section 707.15 of this Chapter. <br /> B. Patch and Restoration: Permittee shall patch its own work. The City may choose either to <br /> have the permittee restore the right of way or to restore the right of way itself. <br /> 1. City Restoration: If the City restores the right-of-way,permittee shall pay the costs <br /> thereof within 30 days of billing. If, during the 36 months following such restoration, the <br /> pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, <br /> within 30 days of billing, all costs associated with having to correct the defective work. <br /> 2. Permittee Restoration: If the permittee restores the right of way itself, it shall at the time <br /> of application for an excavation permit, if the Director determines additional security is <br /> necessary,post an additional performance and restoration bond in an amount determined by <br /> the Director to be sufficient to cover the cost of restoration. If, 36 months after completion of <br /> the restoration of the right of way,the Director determines that the right of way has been <br /> properly restored, the surety on the performance and restoration bond posted pursuant to this <br /> subsection shall be released. <br /> C. Standards: The permittee shall perform patching and restoration according to the standards <br /> and with the materials specified by the Director. The Director shall have the authority to <br /> 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 /> 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 the <br /> right of way affected by the excavation; <br /> 4. Whether the relative cost of the method of restoration to the permittee is in reasonable <br /> balance with the prevention of an accelerated depreciation of the right of way that would <br /> otherwise result from the excavation, disturbance or damage to the right of way; and <br /> 5. The likelihood that the particular method of restoration would be effective in slowing the <br /> 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 work <br /> and shall maintain it for 36 months following its completion. During this 36 month period it <br /> shall,upon notification from the Director, correct all restoration work to the extent necessary, <br /> using the method required by the Director. Said work shall be completed within five calendar <br /> days of the receipt of the notice from the Director, not including days during which work <br /> cannot be done because of circumstances constituting force majeure or days when work is <br /> prohibited as unseasonal or 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 the <br /> 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 30 days of billing,the cost of restoring the right of <br /> way. If permittee fails to pay as required, the City may exercise its rights under the <br /> restoration bond. <br /> F. Degradation Fee In Lieu of Restoration: In lieu of right-of-way restoration, a right-of-way <br />
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