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(d) Small wireless facility permit fee. The small wireless permit fee shall be set forth in the annual fee schedule for the City of Hugo, in an amount sufficient to recover: (1) The City management costs; (2) Site plan review costs, and; (3) City engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (e) Nonrefundable. Permit fees that were paid for a permit that the City has revoked for a breach are not refundable. (f) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise agreement. (Ord. No. 2010-445, § 2, 4-5-2010) Sec. 82-309. - Right-of-way patching and restoration. (a) Timing. The work to be done under the excavation permit, and the patching and restoration of the right -of way as required, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable. (b) Patching and restoration. Permittee shall patch its own work. The City may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (1) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond. (2) City restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within 30 days of billing. If, following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within 30 days of billing, all costs associated with correcting the defective work. (3) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. (c) Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the City and shall comply with Minnesota Rule 7819.1100. (d) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the City shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five working days of the receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prevented by extreme weather unless required earlier to avoid a hazard or damage to persons or property. (e) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the City, or fails to satisfactorily and timely complete all restoration required by the City, the City at its option may do such work. In that event, the permittee shall pay to the City, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the City may exercise its rights under the construction performance bond. (Ord. No. 2010-445, § 2, 4-5-2010)