In addition to the requirements for an encroachment permit set forth in Article I, an application to excavate shall include the following:
A. The specific location and area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes. The applicant shall attach to the application form a plan showing the location of the proposed excavation, the dimensions thereof, and any other details the director may require.
B. Except as otherwise provided by franchise or agreement, at the time any permit is issued for excavation of a paved street, the applicant shall pay a trench cut cost recovery fee, in addition to the fee required by Article I of the chapter. The fee shall not exceed an amount reasonably necessary to recover the estimated costs for all future maintenance, repair or resurfacing that would be necessary to fully mitigate the damage and degradation caused by the excavation to the pavement located adjacent to the trench where the excavation occurs. The fee shall be highest for excavations in newly surfaced streets and shall decrease as the age of the street surface being excavated increases. The amount of the trench cut cost recovery fee shall be established from time to time by resolution of the city council. The director shall adopt procedures requiring the payment of the trench cut cost recovery fees by all city departments and divisions performing excavations in city streets.
C. The trench cut cost recovery fee required by subsection B of this section, shall not be charged for the following excavations: (1) excavations in a street that the city has scheduled for resurfacing either during the fiscal year (July 1st through June 30th) when the encroachment permit is issued or during the immediately following fiscal year; (2) excavations in a street where the existing pavement quality is already so poor that the pavement quality index, as defined by the city's pavement management system, is less than four on the date the encroachment permit is issued; (3) excavations for potholing or to install utility poles; (4) excavations that will include resurfacing of the street where the excavation is made, provided that the resurfacing is approved by the director; and (5) excavations made for a utility relocation required by the city to accommodate a proper governmental use of a street, alley, sidewalk or other public place. As used in this chapter, the term resurfacing shall mean any repaving, overlay, seal or reconstruction which constructs a new pavement surface over the entire width of the street, excluding crack seals.
D. All moneys paid to the city under subsection B of this section, shall be deposited in a special fund or funds and shall be expended only for the resurfacing of city streets.
E. Except for requirements subject to the exclusive jurisdiction of another regulatory agency, the location, depth and other physical characteristics of any facilities for which an encroachment permit is issued shall be subject to approval of the director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this chapter.
F. No fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in the public right-of-way to relocate the facilities at no cost to the city, in the event that relocation is required by the city to accommodate a proper governmental use of the public right-of-way. (Ord. 2009-022 § 2)