(a) In addition to any cash deposit required for a Type I or Type II street opening permit, the following payments shall be made to the City. This schedule of payment will apply to any street opening which disturbs pavement, concrete, sidewalk, etc. on any street which has been improved, resurfaced, constructed or reconstructed within the prior ten years. The Safety-Service Director or his authorized agent will determine the payment to be made prior to the issuing of the permit. A list of the streets and the year they were improved will be maintained and kept up to date by the City Engineering Department.
Cost Based on a Single Opening 1 Sq. Ft. to 20 Sq. Ft. in Area | ||
Year After Improvement | Cost 1-20 Sq. Ft. Min. | Per Sq. Ft. Cost in Excess of 20 Sq. Ft. |
1 | $ 1,000 | $ 50 |
2 | 900 | 45 |
3 | 800 | 40 |
4 | 700 | 35 |
5 | 600 | 30 |
6 | 500 | 25 |
7 | 400 | 20 |
8 | 300 | 15 |
9 | 200 | 10 |
10 | 100 | 5 |
EXAMPLE: Excavation 8' x 12' made in a 5 year old street.
$600 for first 20 sq. ft. excavation
96 sq. ft. - 20 sq. ft. =
76 sq. ft. x $30 sq. ft. = $2,280
$2,280 + $600 = $2,880 total payment
Cost Based on Any Opening Larger then 200 Sq. Ft. | ||
Year After Improvement | Cost 200 Sq. Ft. Min. | Per Sq. Ft. Cost in Excess of 200 Sq. Ft. |
1 | $ 10,000 | $ 15 |
2 | 9,000 | 14 |
3 | 8,000 | 13 |
4 | 7,000 | 12 |
5 | 6,000 | 10 |
6 | 5,000 | 9 |
7 | 4,000 | 8 |
8 | 3,000 | 7 |
9 | 2,000 | 6 |
10 | 1,000 | 5 |
EXAMPLE: Excavation 3' x 100' in a 3 year old street.
$8,000 for first 200 sq. ft. of excavation
300 sq. ft. - 200 sq. ft. =
100 sq. ft. x $13 = $1, 300
$8,000 + $1,300 = $9,300 total payment
(b) The following exemptions shall apply regarding the fee set forth in subsection (a) hereof, for opening a new or newly improved street:
(1) Individual sanitary sewer laterals under improved streets shall be exempted from the payment schedule. Connections to natural gas, water or sewer mains to serve new buildings shall also be exempt from the payment schedule listed above. The providing for service to these vacant parcels shall be planned for prior to a street reconstruction or repaving project and where practical shall be installed in advance so as to prevent disturbing the new street during the ten year period following construction.
(2) All utilities shall be eligible for a waiver or exemption from the new street opening payment requirements based on a project by project review. The individual utility involved must see that an investigation is carried out and a report filed with the City explaining in detail the reasoning for leaving existing facilities such as piping, valves, and other appurtenances in the right of way of a proposed street improvement.
(3) If repairs or replacements to underground facilities are made, a report shall be submitted which details the extent of the repairs and/or replacement of facilities which demonstrates an effort on the part of the utility to reduce the need for re-entering the street following the improvements.
(4) The Director of Public Service and Safety or his designee shall review such reports and investigations and shall determine if an exemption from the street opening payment is in order due to the condition of the underground facilities and the efforts made by the utility company to prevent the need to disturb the new street, sidewalk or other improvements in the future. The decision to exempt the utility from the street opening payment schedule shall be made by the City and the Director of Public Service and Safety's decision shall be final. Any application for exemption from payment shall be filed prior to the completion of the construction of street improvements.
(5) The City shall have the right to waive the street opening payment in the case of an opening required as a result of a natural disaster such as flood or earthquake, but shall not be limited to these disasters listed. The Director of Public Service and Safety shall also have the authority to waive payments as required under the payment schedule in subsection (a) hereof if it is determined that the need to open a street that has been resurfaced or reconstructed in the ten-year period shown on the schedule is due to circumstances beyond the control of the utility involved or is the result of unusual conditions that could not have been foreseen during street resurfacing or reconstruction.
(c) An Appeals Board shall be established which will review appeals made by individuals, corporations or contractors who are not satisfied with the decision made by the Director of Public Service and Safety regarding the exemption section of this chapter. The Board shall hear both parties and make a decision based on the information provided. The decision of the Appeal s Board shall be final.
The Appeals Board shall be made up of three members:
(1) Chairman of the Streets and Sidewalk Committee;
(2) A representative who shall be a resident of the City of St. Marys and appointed by the Mayor;
(3) A third member to be chosen by the other two members of the Committee; preferably a person knowledgeable in construction of streets, sidewalks or operation of underground facilities, and a resident of the City.
(Ord. 86-76. Passed 11-10-86.)
(Ord. 86-76. Passed 11-10-86.)