(A)   Only utility companies or those companies that have a permanent paving schedule as determined by the Town Engineer shall be exempt from this section.
   (B)   After a proper settling period, beyond the maintenance period established pursuant to § 97.05, all temporary patches shall be made permanent by the town or its contract designee as directed by the Director of Public Works.
   (C)   The Town Engineer shall establish and collect permanent patch restoration fees to cover all costs associated with restoring and maintaining sections of the streets and roadways that were excavated and temporarily patched, consistent with this chapter. The fee shall be collected at the time of the application for a permit issued under this chapter. The town shall be exempt from the provisions of this section when it performs its own work.
      (1)   The permanent patch restoration fee for each excavation shall be a minimum cash deposit in the amount of $900, in the form of cash, money order or certified check to cover the cost of all repairs relating to permanent patching made by the town or a contractor engaged by the town. This deposit shall also cover the cost of any repairs which might occur because of settlement of the trench after the period in which the contractor is responsible pursuant to § 97.05. The Town Engineer may require an amount in excess of the minimum required if he/she deems it necessary to cover a larger project or several anticipated excavations.
      (2)   The Town Engineer may also adjust the restoration fee amount to include a surcharge for administration and inspections.
      (3)   The monies collected shall be deposited in a special account and utilized to cover expenses incurred by the town for restoration work caused by the issuance of permits under this chapter and for similar pavement repairs.
   (D)   The permittee shall also reimburse the town for any and all costs the town may incur in replacement or repair of traffic controls or pavement markings disrupted, damaged or removed by work performed under an excavation permit.
   (E)   The permittee and persons liable under § 97.06 may be billed by the town for all patching items and protection measures not done by the permittee. If billed by the town, there will be an additional percentage charge for administration and handling costs.
   (F)   All invoices shall be paid no later than 45 days from the date of billing. A monthly service charge of $25 will be imposed on accounts 45 days past due.
   (G)   When a permittee under this section excavates 50% or more of the width of the existing paved surface of a street, the Director of Public Works or his designee may direct that the entire area of the existing pavement be milled and/or resurfaced.
   (H)   The expense of restoration work performed by the town or its agents shall be drawn from the restoration fee or, if the restoration fee is insufficient, collected from the permittee or its surety by any proper action.
(Ord. 432, passed 2-5-01; Am. Ord. 462, passed 6- 3-02)