2006-01-24_PWETC_AgendaPacket - Laserfiche WebLink

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2. Degradation cost, if applicable. B. Obstruction Permit Fee: The obstruction permit fee shall be established by the City Council and shall be in an amount sufficient to recover the City cost. e. Payment of Permit Fees: No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction fees. The City may allow the applicant to pay such fees within thirty (30) days of billing. D. Nonrefundable: Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 707.21 of this Chapter are not refundable. (Ord. 1209,8-24- 1998) 707.12: RIGHT-OF-WAY REPAIR AND RESTORATION: A. Timing: The work to be done under the excavation permit, and the patching and restoration of the right of way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permittee, as determined by the Director, or when work was prohibited as unseasonal or unreasonable under Section 707.15 of this Chapter. B. Patch and Restoration: Permittee shall patch its own work. The City may choose either to have the permittee restore the right of way or to restore the right of way itself. I. City Restoration: If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, during the thilty six (36) months following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work. 2. Permittee Restoration: If the permittee restores the right of way itself, it shall at the time of application for an excavation permit, if the Director determines additional security is necessary, post an additional performance and restoration bond in an amount determined by the Director to be sufficient to cover the cost of restoration. If, thirty six (36) months after completion of the restoration of the right of way, the Director determines that the right of way has been properly restored, the surety on the performance and restoration bond posted pursuant to this subsection shall be released. C. Standards: The permittee shall perform patching and restoration according to the standards and with the materials specified by the Director. The Director shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. The Director in exercising this authority shall be guided by the following considerations: 1. The number, size, depth and duration of the excavations, disruptions or damage to the right of way; 2. The traffic volume carried by the right of way; the character of the neighborhood surrounding the right of way; 3. The preexcavation condition of the right of way; the remaining life expectancy of the right of way affected by the excavation; 4. Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right of way that would otherwise result from the excavation, disturbance or damage to the right of way; and 5. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right of way that would otherwise take place.