Upon completion of the refilling of the excavation, the Commissioner, at his or her option, may require the permittee to resurface that portion of the highway surface damaged by the permittee’s excavation or obstruction, or the Commissioner may elect to do such resurfacing himself or herself. Where the pavement or surface has been removed, the permittee shall replace it to a thickness of one inch greater than that of the surrounding pavement or surface, and, in no event, to a thickness less than two inches.
Where a treated or modified subgrade or surface has been removed or destroyed, the permittee shall replace it to a thickness of not less than that of the surrounding or adjacent subgrade or surface, unless the Road Commissioner orders that the repair of such treated or modified subgrade or surface shall be made by an oil and rock mixture, in which case the thickness shall not be less than one-half the thickness of the treated or modified surface or subgrade.
(a) Failure to Resurface Highway. If, after the refilling of an excavation the permittee fails or refuses to resurface that portion of the surface of the highway damaged by him or her, or if the Commissioner elects to do such resurfacing, the Commissioner may do such resurfacing. The cost of such resurfacing shall be charged against the permittee except in those instances where the permittee’s excavation is within an area of pavement to be immediately reconstructed by the County, and the resurfacing of the excavation is an integral part of the general County improvement. The cost shall be computed as provided in § 51.0204.
(Ord. 815, passed - -1957; Am. Ord. 922, passed - -1960)