(a) If all feasible routes to a requested terminal are found unsatisfactory by the Department the applicant shall be notified of the modifications necessary to eliminate a traffic hazard, as referred to in Sec. 80.33.5 herein or to protect existing facilities. The applicant may request the necessary modifications to make the route acceptable. All costs of engineering, construction and inspection will be the responsibility of the applicant. Except when the modification of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done at no cost to the City by a contractor acceptable to it.
(b) Modifications shall be limited to the reconstruction of curbed islands, curb returns and appurtenant structures; relocation of above-ground fixtures such as traffic signs, traffic signal standards, traffic signal controllers, street light standards and fire hydrants within the curb return area; and intersection approach markings together with traffic signal detection devices. Required modifications shall not include reconstruction of any pavement or street surface not related to the above.
(c) When the work is done by the applicant, the applicant may file with the Department on a form satisfactory to the Department, a statement detailing the actual costs of the modification. It shall be the applicant’s responsibility to obtain all the necessary permits.
(d) If at any time within five (5) years from the date of completion of the modification by the applicant, should any other applicant seek terminal approval which would use the route upon which such modification was accomplished, any such applicant’s fee may include that applicant’s proportionate share of the modification, as determined by the Department, which fee shall be disbursed by the Department to the applicant who paid for the modification as well as to any applicant who contributed to the cost of the modification under this subsection. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the Department required by Subsection (b) above.