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(a) Collection of Deposit and Fees. The Director shall establish procedures for billing, collection, and refund of a deposit(s), fees, and other charges provided for in this Article. The Director shall deposit all funds in accordance with Sections 10.117-119 and 10.117-120 of the San Francisco Administrative Code.
(b) Refunds.
(ii) In the event that the Director determines, after preparing a report pursuant to Section 2.4.45, that there has been an overcollection of any of the fees identified in this Subarticle, the Director shall establish procedures to refund excess fee proceeds in a manner which fairly and reasonably reimburses those excavators who paid the fee during the relevant period consistent with their level of excavation.
(iii) In the event that a project is completed prior to the permit expiration date, a permittee may make a written request for a refund of the inspection fee that is proportionate to the number of calendar days the project was completed early. Prior to the issuance of any refund, the Department shall verify the date of completion, that the project has been satisfactorily completed, that all punch list work has been completed, and that there are no outstanding fines or penalties pending against the permittee or its agent. The Department shall not release the requested refund until any and all outstanding fines or penalties pending against the permittee and its agent have been paid. The permittee seeking a refund shall pay the Department a fee of $110 for the cost of the calculation and processing of the refund.
(c) Deductions for Deposits. The Director may make deductions from the balance of a permittee's deposit(s) to ensure the faithful performance of the obligations under a permit to excavate, to pay fees, to offset the costs for any excavation done or repairs made by the Department, or to pay any assessed penalties or costs associated with violations of this Article.
(d) Retention of Deposit for Three Years. Each deposit made pursuant to Section 2.4.40 shall be retained by the City for a period of three years after the satisfactory completion of the excavation to secure the obligations in the permit and this Article.
(e) Return of Deposit. Upon expiration of three years from the satisfactory completion of the excavation, a permittee's deposit(s), less the deductions made pursuant to Subsection (c), shall be returned to the permittee or to its assigns.
(Added by Ord. 341-98, App. 11/13/98; amended by Ord. 33-02, File No. 020051, App. 3/28/2002; Ord. 131-07, File No. 070466, App. 6/15/2007)
Any permittee who excavates or causes to be made an excavation in the public right-of-way shall provide notice as follows:
(a) Two to Fourteen-Day Excavations. For excavations that will be completed and restored in a period exceeding 24 hours but within 14 calendar days of commencement, the permittee shall post and maintain notice at the site of the excavation. The notice shall include the name, telephone number, and address of the owner and its agent, a description of the excavation to be performed, and the duration of the excavation. The notice shall be posted at least every 100 feet along any block where the excavation is to take place at least 72 hours prior to commencement of the excavation.
(b) Notice for Major Work.
(i) At least 30 calendar days prior to commencement of the excavation, the permittee shall provide written notice delivered by United States mail to each property owner on the block(s) affected by the excavation and each affected neighborhood and merchant organization that is listed in the City Planning Department's Directory of Neighborhood Organizations and Service Agencies. The latest City-wide assessor's roll for names and addresses of owners shall be used for the mailed notice. This notice shall include the same information that is required for the posted notice pursuant to Subsection (a) and the name, address, and 24-hour telephone number of a person who will be available to provide information to and receive complaints from any member of the public concerning the excavation.
(ii) The permittee shall post and maintain notice at the site of the excavation at least 10 calendar days prior to commencement of the excavation in the same manner and with the same information as required for posted notice pursuant to Subsection (a). At least 10 calendar days prior to commencement of the excavation, the permittee also shall deliver a written notice to each dwelling unit on the block(s) affected by the excavation. This written notice shall include the same information that is required for the written notice pursuant to this Subsection (i).
(iii) Before commencement of construction, a permittee for major work shall post and maintain excavation project signs at the site of the excavation that describe the excavation being done and bear the name, address, and 24-hour telephone number of a contact person for the owner and its agent. Said excavation project signs shall be in format, quantity, and size specified by the Department.
(c) Notice of Emergency Excavation. For emergency excavation, the permittee, or the applicant if a permit has not been issued, shall post and maintain notice at the site of the excavation during the construction period. The notice shall include the name, telephone number, and address of the owner, permittee, applicant, and its agent, a description of the excavation to be performed, and the duration of the excavation. The notice shall be posted at least every 100 feet along any block where the excavation is to take place.
(Added by Ord. 341-98, App. 11/13/98; amended by Ord. 33-02, File No. 020051, App. 3/28/2002)
In accordance with State law, any person excavating in the public right-of-way shall comply with the requirements of the Underground Service Alert ("USA") regarding notification of excavation and marking of subsurface facilities. Such person shall provide USA with the assigned number for the permit to excavate or other information as may be necessary to properly identify the proposed excavation.
(Added by Ord. 341-98, App. 11/13/98)
(a) Scope. It is unlawful for any permittee to make, to cause, or permit to be made any excavation in the public right-of-way outside the boundaries, times, and description set forth in the permit.
(b) Rock Wheel and Trenchless Technology. Use of a rock wheel or trenchless technology to excavate in the public right-of-way is unlawful without prior written approval of the Director.
(c) Single Excavation Maximum of 1,200 Feet. No single excavation site shall be longer than 1,200 feet in length at any time except with the prior written approval of the Director.
(Added by Ord. 341-98, App. 11/13/98)
Each owner and its agent shall be subject to requirements for excavation sites that are set forth in Department orders or regulations. Such orders or regulations shall include, but not be limited to, the following measures:
(a) Protection of the Excavation. Each owner and its agent shall cover open excavation with steel plates ramped to the elevation of the contiguous street, pavement, or other public right-of-way, or otherwise protected in accordance with guidelines prescribed by the Department.
(b) Housekeeping and Removal of Excavated Material. Each owner and its agent shall keep the area surrounding the excavation clean and free of loose dirt or other debris in a manner deemed satisfactory to the Department. Excavation sites shall be cleaned at the completion of each work day. In addition, the owner and its agent shall remove all excavated material from the site of the excavation no later than the end of each work day.
(c) Storage of Materials and Equipment. Materials and equipment that are to be used for the excavation within seven calendar days may be stored at the site of the excavation, except that fill material, sand, aggregate, and asphalt-coated material may be stored at the site only if it is stored in covered, locked containers.
(d) Hazardous Material. Each owner and its agent shall be subject to hazardous material guidelines for date collection; disposal, handling, release, and treatment of hazardous material; site remediation; and worker safety and training. The Department, in consultation with the Department of Public Health, shall develop, prescribe, and update such hazardous material guidelines. The guidelines shall require the owner and its agent to comply with all federal, state, and local laws regarding hazardous material. For purposes of this subsection, "hazardous materials" shall mean any gas, material, substance, or waste which, because of its quantity, concentration, or physical or chemical characteristics, is deemed by any federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment.
(Added by Ord. 341-98, App. 11/13/98; amended by Ord. 33-02, File No. 020051, App. 3/28/2002)
When the Director has determined that a person has violated this Article or that an excavation poses a hazardous situation or constitutes a public nuisance, public emergency, or other threat to the public health, safety, or welfare, or when the Director determines that there is a paramount public purpose, the Director is authorized to issue a stop work order, to impose new conditions upon a permit, or to suspend or revoke a permit by notifying the permittee of such action in a written, electronic, or facsimile communication.
(Added by Ord. 341-98, App. 11/13/98)
(a) Restoration. In any case in which the sidewalk, street, or other public right-of-way is or is caused to be excavated, the owner and its agent shall restore or cause to be restored such excavation in the manner prescribed by the orders, regulations, and standard plans and specifications of the Department. At a minimum, trench restoration shall include resurfacing to a constant width equal to the widest part of the excavation in accordance with the following diagram; provided, however, that the width of resurfacing need not exceed 13 feet. Notwithstanding the trench restoration provision set forth herein, if 25 percent of more of the length of any block is excavated, then all affected lanes for the entire block shall be restore.
(b) Backfill, Replacement of Pavement Base, and Finished Pavement. Activities concerning backfilling, replacement of pavement base, and finished pavement shall be performed in a manner specified by the orders, regulations, and standard plans and specifications of the Department. In addition, these activities shall be subject to the following requirements:
(i) Backfill. Each excavation shall be backfilled and compacted within 120 hours from the time the construction related to the excavation is completed.
(ii) Replacement of pavement base. Replacement of the pavement base shall be completed within 120 hours from the time the excavation is backfilled.
(iii) Finished pavement. Finished pavement restoration shall be completed within 120 hours of replacement of the pavement base.
(c) Modification to Requirements. Upon written request from the permittee, the Director may grant written approval for modifications to the requirements of Subsection (b).
(d) Incomplete Excavation; Completion by the Department. In any case where an excavation is not completed or restored in the time and manner specified in the permit, this Article, or the orders, regulations, and standard plans and specifications of the Department, the Director shall order the owner or its agent to complete the excavation as directed within 24 hours. If the owner or its agent should fail, neglect, or refuse to comply with the order, the Director may complete or cause to be completed such excavation in such manner as the Director deems expedient and appropriate. The owner or its agent shall compensate the Department for any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the Department or other agencies, board, commissions, or departments of the City that were made necessary by said excavation. The cost of such work also may be deducted from the permittee's deposit pursuant to Section 2.4.46(c). The Director's determination as to the cost of any work done or repairs made shall be final. In addition, the owner, its agent, or other responsible party may be subject to those enforcement actions set forth in Subarticle VII.
(e) Subject to the limitation set forth in Section 2.4.70, completion of an excavation or restoration by the Department in accordance with Subsection (d) shall not relieve the owner or its agent from liability for future pavement failures at the excavation site.
(Added by Ord. 341-98, App. 11/13/98; amended by Ord. 33-02, File No. 020051, App. 3/28/2002; Ord. 131-07, File No. 070466, App. 6/15/2007)
Each owner and its agent that excavates or causes to be made an excavation in the public right-of-way shall be responsible to maintain, repair, or reconstruct the site of the excavation so as to maintain a condition acceptable to the Director until such time as the public right-of-way is reconstructed, repaved, or resurfaced by the Department.
(Added by Ord. 341-98, App. 11/13/98; amended by Ord. 33-02, File No. 020051, App. 3/28/2002)
In the event that subsurface material or pavement over or immediately adjacent to any excavation should become depressed, broken, or fail in any way at any time after the excavation has been completed, the Director shall exercise his or her best judgment to determine the person(s) responsible, if any, for the failure in the subsurface or surface of the public right-of-way and shall designate such person as the responsible party. The Director shall notify said person(s) of the condition, its location, and the required remedy, and such person(s) shall repair or restore, or cause to be repaired or restored, such condition to the satisfaction of the Director within 72 hours of the notification. The Director may extend the time for the responsible party to repair or restore the affected public right-of-way.
(Added by Ord. 341-98, App. 11/13/98)
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