§ 152.19 PAVEMENT CUTTING AND PATCHING POLICY.
   (A)   Forward.
      (1)   The primary objective of this procedure is to establish a system whereby the city corporation will be able to coordinate closely with contractors and utility companies in the cutting of city pavements, accomplishing below-grade improvements, and/or repairs to various utilities, and patching the pavements, all in a manner which will provide the greatest continuity between entities involved, with the least amount of disruption of service levels to neighboring citizens and users of the streets and/or utilities.
      (2)   The secondary objective of this procedure is to establish a system whereby the majority of below-grade work will be accomplished to pavements in an older condition prior to those pavements being overlaid. It is the intent of this policy to minimize the cutting of newer pavement through better coordination with all parties involved.
   (B)   Planning.
      (1)   The city corporation will provide utility companies with pavement upgrade schedules as far in advance as possible. It is anticipated that notice will be given 12 months in advance of pavement upgrades scheduled. However, if the city corporation determines that pavement conditions on unscheduled roads warrant upgrading, they may change the schedule as deemed appropriate.
      (2)   No street cut fee will be assessed to any party making repairs and/or improvements under roads scheduled for pavement upgrade; provided this work is accomplished prior to the pavement work.
The city corporation will provide to the utility companies, and to anyone who requests it, a pavement capital improvement plan, which will be updated each year.
      (3)   Utility companies will be requested to submit their capital improvement plans to the city corporation. The city corporation may then elect to defer maintenance to these pavements until the utility work is completed.
   (C)   Permits and fees.
      (1)   Street cut permits shall be obtained prior to cutting any pavements on city streets, excavating, replacing sidewalk or driveway approaches, and/or planting trees in the public rights-of-way. The city corporation is desirous of receiving 24 hours’ notice of intent to cut a pavement. Street cut permits may be obtained at the city office. An additional fee may be charged in addition to the normal street cutting charges for failure to obtain a permit prior to excavating in the public rights-of-way. If emergency work requires a pavement cut after business hours, permission may be granted by the on-call employee, City Engineer, or Mayor by contacting these personnel at home.
      (2)   Pavement cutting fees shall be assessed based upon the impact the cut has on the longevity and condition of the pavement. Factors considered in this fee include overlay, chip and seal, and reconstruction costs. The fee shall be assessed on a square footage basis.
      (3)   All pavement cuts 100 square feet or smaller shall be patched by the city corporation. The city may patch larger cuts at its option. The intent of this provision is to ensure rapid maintenance and patching on city streets. The patching fee shall be assessed on a square footage basis. The city may require the permittee to hire an approved contractor at his or her expense to perform patching on any size of cut if deemed necessary by the city corporation. Cuts over 100 square feet will normally be patched by the permittee’s approved contractor at his or her expense.
      (4)   Winter patching is a special condition often requiring follow-up patching in the spring when weather warms; therefore, a special winter patching fee is required. The winter patching season is the time period when the batch plants are closed and cold mix is placed in cuts. The winter patching fee shall be assessed on a square footage basis. The permittees who patch their own cuts during cold mix season will be required to replace this patch in the spring when hot mix becomes available. The city corporation will make this determination in the spring when weather warms and the condition of the winter patch can be evaluated effectively.
      (5)   No patching shall be commenced until successfully passing compaction testing. A compaction test fee will be charged for each test required on cuts of 100 square feet or less. On cuts 100 square feet or more, the permittee will be responsible for compaction tests and related costs.
      (6)   All fees related to cutting and excavating in the public rights-of-way may be adjusted on an annual basis by the City Council.
         (a)   The Mayor may make adjustments to a pavement cut or patching fee as deemed reasonable, but fees may only be waived upon approval of the City Council. Pavement cutting fees shall not normally be charged on city-funded capital improvement projects.
         (b)   Information on specific costs of pavement cut fees or patching fees may be obtained by request to the city corporation.
      (7)   All construction materials and methods used within the public rights-of-way shall conform to the city development standards. No debris or asphalt is to be mixed with backfill.
(Prior Code, § 13.06.050) (Ord. 19-98, passed 7-15-1998) Penalty, see § 152.99