(A) A permit to work in the right-of-way which requires excavation of a paved right-of-way shall comply with this section, in addition to other requirements of this chapter. If the permittee damages or disturbs the surface or subsurface of any rights-of-way or adjoining public property, or the public improvement located thereon, therein, or thereunder, the permittee shall promptly, at its own expense, and in a manner acceptable to the town, restore the surface or subsurface of the right-of-way or public property, or repair or replace the public improvement thereon, therein, or thereunder, in as good a condition as before such damage or disturbance. If such restoration, repair or replacement of the surface, subsurface, or any structure located thereon, therein, or thereunder is not completed within a reasonable time, or such repair or replacement does not meet town standards, the town shall have the right to perform the necessary restoration, repair, or replacement, either through its own forces, or through a hired contractor, and the occupant agrees to reimburse the town for its expense in so doing within 30 days after receipt of the invoice therefor.
(B) As used in this section:
(1) A paved right-of-way is considered “new” when it is first constructed, when it is reconstructed or when it is renovated;
(2) A right-of-way is considered “reconstructed” when all lanes are completely rebuilt by removing all the pavement and aggregate base course material, re-compacting the sub-base and restoring the base material and then completely repaving for a distance approved by the Director;
(3) A right-of-way is considered “renovated” when there is a major rehabilitation, including a mill and overlay or other similar improvement work that physically modifies the surface of the right-of-way prior to applying a new surface or other similar work as determined by the Director; and
(4) The date of construction, reconstruction or renovation shall be the date such work was accepted by the town.
(C) An application to work in the right-of-way which includes excavation in a new paved right-of-way shall not be granted until at least two years after completion and acceptance of the construction, reconstruction or renovation of the paved right-of-way unless one of the following applies:
(1) Emergency which endangers life or property;
(2) Interruption of essential utility or communications service;
(3) Work that is mandated by town, county, state or federal legislation; or
(4) Service for buildings where no other feasible means of providing service exists.
(D) (1) If an excavation is permitted pursuant to divisions (C)(1) through (C)(4) above, the permittee shall restore the paved right-of-way by mill and overlay/inlay, for a minimum of the full width of all lanes impacted by the excavation(s) (outside lane includes to the curb). For arterial streets, this shall require extending the restoration a minimum length of 50 feet both directions from the area of the excavation(s) and, for collector streets, this shall mean extending the restoration a minimum length of 25 feet both directions from the area of the excavation(s), all as more specifically directed by the Director. For excavations smaller than two square feet, the requirement to restore by mill and overlay/inlay shall not apply. All renovations shall comply with the town’s standard details and specifications. The permittee may elect to fully reconstruct the paved right-of-way in accordance with specifications provided by the Director in lieu of paying the pavement restoration fee.
(2) For excavation commencing two years or later after the paved right-of-way is new (as defined in division (B)(1) above) but before seven years after a paved right-of-way is new (as defined in division (B) above), the permittee may elect to renovate such paved right-of-way by mill and overlay/inlay for a minimum of the full width of all lanes impacted by the excavation(s) (outside lane includes to the curb) and for arterial streets extending a minimum length of 50 feet both directions from the area of the excavation(s) and for collector streets extending a minimum length of 25 feet both directions from the area of the excavation(s), all as more specifically directed by the Director, in lieu of payment of the pavement restoration fee.
(E) (1) In addition to the other requirements of this section, a permittee shall pay a pavement restoration fee established by resolution of the Council. The pavement restoration fee shall be reviewed annually with the budget for street repair.
(2) The pavement restoration fee shall be paid prior to or at the time a permit to work in the public right-of-way is issued. In the event the pavement restoration fee is amended after a permit to work in the public right-of-way is issued, an adjusted fee shall be paid as follows:
(a) If the original permit was for one square yard through 20 square yards, the pavement restoration fee shall be adjusted pursuant to the new fee schedule if the increase/decrease to the pavement excavation is one square yard or larger;
(b) If the original permit was for 21 square yards through 100 square yards, the pavement restoration fee shall be adjusted pursuant to the new fee schedule if the increase/decrease to the pavement excavation is more than 5% of the original;
(c) If the original permit was for more than 100 square yards, the pavement restoration fee shall be adjusted pursuant to the new fee schedule if the increase/decrease to the pavement excavation is more than five square yards; or
(d) Such amended pavement restoration fee shall be applied for and any additional fees shall be paid within one week of the field change or prior to any new permit issued to permittee.
(Ord. 21-04, passed 3-11-2021)