(A) Obligation to restore disturbed areas. A person or user that conducts excavation or other activities that disturb the PROW or facilities within the PROW shall restore the PROW to a condition equivalent to that prior to the disturbance. The restoration shall include, but is not limited to, installation of pavement, resurfacing nearby or adjacent areas, grading any disturbed unpaved surface areas, restoring below ground facilities, planting and landscaping, replacing curb and curb ramps to applicable standards and repairing improvements and facilities. Restoration shall meet the standards set by the Department. Such restoration includes any work necessary to maintain the nature and character of the area that existed prior to the work.
(B) Temporary restoration. Where permanent restoration is impractical because of weather or other circumstances, the Department may require temporary restoration to be followed by permanent restoration.
(C) Timetable for restoration. The Department shall determine the time period during which restoration must be accomplished on an individual case-by-case basis and such time period shall take into account the extent of the restoration work required, availability of needed materials and other limiting factors.
(D) Repair of inadequate restoration work. The Department’s inspection and/or approval of original restoration work does not waive the Department’s right to require additional restoration where and when warranted. Therefore, where restoration work proves to be inadequate over time, as determined in the Department’s discretion, if the issue is not one of normal wear and tear or is not caused by a third party, but is truly due to the inadequacy of the restoration, the Department may require additional reasonable restoration. Such additional restoration may be required for a period of three years from the date of completion of the initial restoration work. The person responsible for the work necessitating the original restoration shall be responsible for the costs of the additional restoration and inspection.
(E) Reimbursement to city of costs of restoration. If a person responsible for damage to the PROW does not complete required restoration during the period required by the Department, the city may complete the restoration. The costs for such shall be promptly reimbursed by the user or the person responsible for the original work that required restoration of the PROW.
(Ord. 2017-O-55, passed 9-12-2017)