(A) Permit fee.
(1) Each application shall be accompanied with payment of a permit application fee of twenty-five dollars ($25). Utility companies and/or property owners shall have the option to pay fees on a semi-annual basis by separate invoice from the city. The fee shall be doubled for any applicant who commences with the opening of the street or right-of-way without first having obtained the required permit. In addition, each application shall require the submission of a performance guaranty, in the form of cash, cashier’s check, performance bond, unconditional irrevocable letter of credit, or similar instrument, acceptable to the city, which shall serve as a guarantee that all restoration or reconstruction work will be completed by the permit holder in accordance with the terms and provisions of § 41.200, RECONSTRUCTION and RESTORATION. The performance guarantee requirement shall not apply to permits encompassing sod-only cuts and other activity in unimproved areas of the public right-of-way.
(2) The amount of the performance guaranty shall be based upon the size/area of the street opening in cases not subject to reconstruction under § 41.200, or the size/area of the street segment which must be reconstructed in cases subject to reconstruction under § 41.200, in accordance with the following tables:
Restoration work:
100 square fee tor less | $30 per square foot |
Greater than 100 square feet | $20 per square foot |
Reconstruction work:
100 square feet or less | $40 per square foot |
Greater than 100 square feet | $30 per square foot |
(3) If the exact amount of disturbed area is not available or unknown upon submission of the street opening application, the applicant may estimate the approximate size or area of the work area and submit a corresponding performance guaranty.
(B) Single performance guarantee.
(1) As an option to individual guaranties identified above and submitted with each application, utility companies may submit a single guaranty in the amount of $5,000 to cover all permit activity during the course of the calendar year consisting of spot or patch repairs and emergency repairs. Any other projects by any utility company shall comply with the square foot rates set forth above. This division (B)(1) shall not apply to projects which require reconstruction under § 41.200 of this article.
(2) Utility companies, contractors, and other persons who make multiple openings within the public right-of-way area during the course of a year may calculate a single performance guaranty with the Public Works Director at the beginning of each year based upon the prior year’s activity or estimate for the upcoming year. This division (B)(2) shall not apply to projects which require reconstruction under § 41.200 of this article.
(3) Upon the completion of permanent restoration or reconstruction of a street opening, the Public Works Director or a designee shall inspect all finished work to ensure conformance with applicable city specifications. If restoration or reconstruction work is accepted by the city, the performance guaranty shall be promptly released and returned to the permit holder. If the restoration or reconstruction work is determined to be non-compliant with city specifications, the Public Works Director or a designee shall notify the permit holder, in writing, of the specific deficiency in restoration work. A second inspection shall be performed in 30 days by a city representative to determine if the reported deficiency has been corrected. If a deficiency still exists, the Public Works Director or a designee shall issue a final written notice to the permit holder advising that if restoration or reconstruction work compliance is not completed within ten days, the city shall order the work completed at the cost of the permit holder through application of the performance guaranty, and the permit holder shall forfeit any and all rights to the performance guaranty or portion of the performance guaranty if an annual guaranty has been posted. Any dispute or disagreement regarding compliance with the terms and provisions of § 41.200, RECONSTRUCTION or RESTORATION, may be submitted to the Public Works Director, in writing, for review and consideration.
(Ord. 5-2014, passed 7-14-14)