Agenda - Planning Commission - 07/01/1997

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.' and travel, the importance of the particular Right-of-Way as to the traveling public, the use of the particular Right-of-Way for Emergency vehicles and the availability of alternate routes, the traffic volumes carried by the particular Right-of-Way, and the amount of vehicular, bicycle, and pedestrian traffic that is reasonably likely to be disrupted thereby. (f) All Permit Fees shall be doubled during a probationary period. (g) Permit Fees that were paid for a Permit that the Director has revoked for a breach as stated in Section 2.16 are not refundable. (h) Use of Permit Fees. All Obstruction and Excavation Permit Fees shall be used solely for City management, construction, maintenance and repair costs of the Right-of-Way. Sec. 2.07. Right-of-Way Restoration The work to be done under the Permit, and the Restoration of the Right-of-Way as required herein, must be completed within the dates specified in the Permit, increased by as many days as work could not be done because of circumstances constituting force majeure or when work was prohibited as unseasonal or unreasonable under Section 2.10. In addition to its own work, the Permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for thirty-six (36) months thereafter. In its application for an Excavation Permit, the Permittee may choose either to have the City restore the Right-of-Way or to restore the Right-of-Way itself. (a) City Restoration. If the Permittee chooses to have the City restore the Right-of-Way, it shall pay the costs thereof within thirty (30) days of billing. If, during the thirty-six (36) months following such Restoration, the pavement settles due to Permittee's improper backfilling, the Permittee shall pay to the City, within thirty (30) days of billing, the cost of repairing said pavement. (b) Permittee Restoration. If the Permittee chooses to restore the Right-of-Way itself, it shall at the time of application of an Excavation Permit post a performance bond in an amount determined by the Director to be sufficient to cover the cost of restoring the Right-of-Way to its approximate pre-excavation condition. If, thirty-six (36) months after completion of the Restoration of the Right-of-Way, the Department determines that the Right-of-Way has been properly restored, the surety on the performance bond shall be released. The Permittee shall perform the work according to the standards and with the materials specified by the Director. The Director shall have the authority to prescribe the manner and1extent of the Restoration, and may do so in written procedures of general application or on a 19 73