Chapter 12.10
STREET CUT FEES

Sections:

   12.10.010   Purpose of street cut fee.

   12.10.020   Establishment of street cut fee.

   12.10.030   Variance from payment of street cut fee.

   12.10.040   Exceptions.

   12.10.050   Utility master plans.

   12.10.060   Coordination with city.

12.10.010 Purpose of street cut fee.

   Excavations in paved streets owned and maintained by the city degrade and shorten the life of the surface of the streets, and this degradation increases the frequency and cost to the public of necessary resurfacing, maintenance, and repair. It is appropriate that entities responsible for excavating into the city's rights-of-way bear this burden rather than the taxpayers of the city. In addition, establishment of a street cut fee will create an incentive for coordination of efforts in excavating the streets to install, repair and replace subsurface facilities and utilities.

(Ord. 4804 § 2 (part), 2003)

12.10.020 Establishment of street cut fee.

   No person shall excavate in the public right-of-way without, in addition to all other requirements of this code, having first paid to the city a "street cut fee." The amount of this street cut fee shall be set from time to time by resolution, and shall not exceed the reasonable cost necessary to mitigate the degradation to the public streets caused by such excavation. Funds collected as street cut fees shall only be expended for the rehabilitation and resurfacing of the public right-of-way.

(Ord. 4804 § 2 (part), 2003)

12.10.030 Variance from payment of street cut fee.

   Any person subject to the street cut fee may request that the director of public works or designee waive the requirement of payment of the street cut fee due to individual circumstances that demonstrate, on a case-by-case basis, that the amount of the fee is not reasonably related to the projected impact of the proposed excavation.

(Ord. 4804 § 2 (part), 2003)

12.10.040 Exceptions.

   (a)   Excavations in streets scheduled within one year of the date specified in the Notice to Proceed for the city's annual street maintenance program capital improvement project shall be exempt from the street cut fee. The department of public works shall endeavor to notify public utilities of streets so scheduled.

   (b)   No street cut fee shall be charged for underground utility district projects, utility line relocations necessitated by city-funded street work projects or by street vacations or abandonments.

   (c)   No street cut fee shall be charged with respect to excavation in a sidewalk, driveway, curb, and gutter.

   (d)   No street cut fee shall be charged for emergency work as defined as causing an imminent risk to public health and safety.

(Ord. 4804 § 2 (part), 2003)