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CC PACKET 03262019
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CC PACKET 03262019
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3/21/2019 3:29:24 PM
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<br /> <br />(1) The number, size, depth, and duration of the excavations, disruptions, or damage to the <br />right-of-way; <br /> <br />(2) The traffic volume catted by the right-of-way; the character of the neighborhood <br />surrounding the right-of-way; <br /> <br />(3) The pre-excavation condition of the right-of-way; remaining life expectancy of the right- <br />of-way affected by the excavation; <br /> <br />(4) Whether the relative cost of the method of restoration to the permit holder is in reasonable <br />balance with the prevention of an accelerated deprecation of the right-of-way that would otherwise result <br />from the excavation, disturbance or damage to the right-of-way; and <br /> <br />(5) The likelihood that the particular method of restoration would be effective in slowing the <br />deprecation of the right-of-way that would otherwise take place. <br /> <br />(D) Guarantees. By choosing to restore the right-of-way itself, the permit holder guarantees its <br />work and shall maintain it for 36 months following the completion. During this 36-month period, it <br />shall, upon notification from the city, correct all restoration work to the extent necessary, using the <br />method required by the city. The work shall be completed within 5 calendar days of the receipt of the <br />notice from the city, not including days during which work cannot be done because of extraordinary <br />circumstances or days when work is prohibited as unseasonable or unreasonable under § 96.18. <br /> <br />(E) Failure to restore. If the permit holder fails to restore the right-of-way in the manner and to the <br />condition required by the city, or fails to satisfactorily and timely complete all repairs required by the <br />city, the city at its option may perform or cause to be performed the work. In that event, the permit <br />holder shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If the permit <br />holder fails to pay as required, the city may exercise its rights under the performance and restoration <br />bond. <br /> <br />(F) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a permit holder shall <br />pay to the city a degradation fee to cover city costs associated with a decrease in the useful life of a public <br />right-of-way caused by excavation and repairs. Payment of a degradation fee does not relieve the permit <br />holder of the obligation to make necessary right-of-way repairs. <br />(1993 Code, § 1165.13) <br /> <br /> <br />§ 96.16 JOINT APPLICATIONS. <br /> <br />(A) Joint application. Registrants may jointly make application for permits to excavate or obstruct <br />the right-of-way at the same place and time. <br /> <br />(B) With city projects. Registrants who join in and during a scheduled obstruction or excavation <br />preformed by the city, whether or not it is a joint application by 2 or more registrants or a single <br />application, are not required to pay the obstruction and degradation portions of the permit fee. <br /> <br />(C) Shared fees. Registrants who apply for permits for the same obstruction or excavation, which <br />is not preformed by the city, may share in the payment of the obstruction of excavation permit fee. <br />Registrants must agree among themselves as to the portion each will pay indicate the same on their <br />applications. <br />77
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