(A) General. The permit holder shall patch his or her own work. 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 unless the permit holder is granted a new permit or an extension of the initial permit by the Planner pursuant to § 71.05(B).
(B) City restoration. If the city restores the right-of-way, the permit holder shall pay the costs thereof within 30 days of billing. If, during the 24 months following the restoration, the pavement settles due to the permit holder’s improper backfilling, the permit holder shall pay to the city, within 30 days of billing, all costs associated with having to correct the defective work. At the time of initial permit application, the permit holder must indicate whether or not he or she is electing to pay the degradation fee in lieu of restoration.
(C) Holder restoration. If the holder restores the right-of-way, he or she shall, at the time of application for a right-of-way permit, post security in the form determined by the Planner, such as a performance bond, letter of credit, or cash deposit in an amount determined by the Planner to be sufficient to cover the cost of restoration. Any performance bond or letter of credit must be approved by the City Attorney. If, within 24 months after completion of restoration of the right-of-way, the Planner determines the right-of-way has been properly restored, the posted security will be released.
(D) Standards. The permit holder shall perform patching and restoration.
(E) Guarantees. If the permit holder performs the restoration work, the permit holder shall guarantee the work and its maintenance for 24 months following its completion. During this 24-month period, he or she shall, upon notification from the Planner, correct all restoration work to the extent necessary, using the method required by the Planner commencing the restoration work within two days of receipt of the notice and completing the restoration work within 14 days thereafter, not including days during which work cannot be done because of circumstances constituting force majeure, or days when work is prohibited as unseasonable or unreasonable in the determination of the Planner.
(F) Failure to restore. If the permit holder fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city shall notify the permit holder, in writing, of the specific alleged failure or failures, and shall allow the permit holder five business days from receipt of the written notice to cure the failure or failures, unless otherwise extended by the Planner. In the event the permit holder fails to cure, the city may, at its option, perform the necessary work, and the permit holder shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way, including all staff and administrative costs, his or her overhead, and fringe benefits. If the permit holder fails to pay as required, the city may recover its costs from the posted security.
(G) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for replacing and compacting the subgrade and aggregate based material in the excavation, and the degradation fee shall not include the cost to accomplish these responsibilities.
(Ord. 277, passed 11-13-2017)