§ 94.029 RESTORATION OF ROAD CUTS.
   (A)   Compaction. Any person holding a road cut permit shall undertake to restore each road cut, in accordance with the reasonable compaction and restoration standards required by the county. This shall include both the backfilling of the road cut and the restoration of the surface. All backfill must be compacted to 95% density under the road surface, and 90% density outside the road surface. Certified nuclear density test results must be submitted to the Department within 5 working days of completion of the work. Flow capacity and/or existing flow capacity shall be altered without the written approval of the Public Works Director. For any person who does not submit compaction test results to the county in a form and with results acceptable to the county, such person shall not be issued any future permits under this chapter until he or she complies with this chapter, and the county may take such other actions as it deems necessary to assure compliance with this section. The Public Works Director may waive the compaction tests for plow trenching only, provided the utility company demonstrates a method and operation of compaction acceptable to the Department.
   (B)   Resurfacing. In those instances when a permittee cannot resurface a public place with concrete or asphalt because the air temperature or moisture content is below the minimum standards contained in the compaction and restoration standards or the weather conditions are such that the permittee is unable to resurface the public place within a reasonable time after the county’s acceptance of any density tests, the permittee shall immediately check with the Department concerning how and when the public facility shall be resurfaced. The county can require that the permittee cold patch the road cut on a temporary basis. The permittee shall restore the surface of the cut in accordance with reasonable compaction and restoration standards.
   (C)   Cost. The cost for restoration of the road surface shall be borne by the permittee.
   (D)   County performance. If a permittee makes a road cut that is not resurfaced by the permittee within a reasonable time, and the county has not granted an extension of time, the county may, upon giving notice to the permittee, resurface the road cut and bill the permittee for the reasonable cost.
   (E)   Safety. It shall be the responsibility of the permittee restoring the public property to keep the road cut or surface opening safe for pedestrians, workers and vehicular traffic until the pavement surface or opening has been restored.
   (F)   Extension of time. Any time periods may be extended by the county due to weather conditions or other circumstances beyond the control of the permittee, with written or oral permission of the Public Works Director or his or her designee.
   (G)   State standards. The permittee shall comply at all times with the appropriate construction standards set forth in state statutes or regulation or by local law or regulation.
   (H)   Restoration. The permittee shall restore as practicably as possible, the affected property to the condition it was immediately prior to excavation or development. This includes but is not limited to depth of base course or other materials used on road surfaces. All materials shall be inspected and approved by the Department prior to use of any such materials. In the case of trenching in the right- of-way that exceeds 600 lineal feet the county recommends the responsible party document the condition of the surface by means of videotaping the proposed work area. The Department can require the seeding of disturbed areas to offset possible erosion that may result from the area being disturbed during excavation.
(Ord. 2006-02, passed 3-17-2006) Penalty, see § 94.999