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CC PACKET 06021998
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CC PACKET 06021998
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Last modified
4/19/2016 5:52:27 PM
Creation date
4/19/2016 5:52:17 PM
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SP Box #
37
SP Folder Name
CC PACKETS 1998
SP Name
CC PACKET 06021998
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Section 1165.13. Right-of-Way Restoration. • <br /> Subd. 1. Timing. The work to be done under the excavation permit, and the repair and <br /> restoration of the right-of-way as required herein, must be completed within the dates <br /> specified in the permit, increased by as many days as work could not be done because of <br /> extraordinary circumstances beyond the control of the permit holder or when work was <br /> prohibited as unseasonable or unreasonable under Section 1165.16, Subd. 2. In addition to <br /> repairing its own work,the permit holder must restore the general work area of the work,and <br /> the surrounding areas, including the paving and its foundations,to the same condition that <br /> existed before the commencement of the work and must inspect the area of work and use <br /> reasonable care to maintain the same condition for 36 months thereafter. <br /> Subd. 2. Repair and Restoration. The permit holder shall repair its own work. In addition, <br /> in its application for an excavation permit, the permit holder may choose either to have the <br /> City restore the right-of-way or to restore the right-of-way itself. <br /> (a) City Restoration. If the permit holder chooses to have the City restore the right- <br /> of-way, the permit holder shall pay the costs thereof within 30 days of billing. If, <br /> during the 36 months following such restoration, the pavement settles due to the <br /> permit holder's improper backfilling,the permit holder shall pay to the City, ;within <br /> 30 days of billing, the cost for the resultant degradation as well as for any and all <br /> additional City costs associated therewith. • <br /> (b) Permit Holder Restoration. If the permit holder chooses at the time of <br /> application for an excavation permit to restore the right-of-way itself, the permit <br /> holder shall post an additional performance and restoration bond in an amount <br /> determined by the City to be sufficient to cover the cost of restoring the right-of-way <br /> to its pre-excavation condition. If, 36 months after completion of the restoration of <br /> the right-of-way, the City determines that the right-of-way has been properly <br /> restored,the surety on the performance and restoration bond posted pursuant to this <br /> subdivision shall be released. <br /> Subd. 3. Standards. The permit holder shall preform the work according to the standards <br /> and with the materials specified by the City. The City shall have the authority to prescribe <br /> the manner and extent of the restoration, and may do so in written procedures of general <br /> application or on a case-by-case basis. The City,in exercising this authority,shall be guided <br /> but not limited by the following standards and considerations: <br /> (a) the number, size, depth and duration of the excavations,disruptions or damage <br /> to the right-of-way; <br /> (b) the traffic volume catted by the right-of-way;the character of the <br /> neighborhood surrounding the right-of-way, <br /> -12- _ <br />
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