§ 64-119. Deposit for restoration expenses.

(a)

As a condition for the issuance of an excavation permit, the applicant shall furnish and maintain the restoration deposit(s) under the provisions of this section, to be held by the city treasurer. If the work being performed by the applicant pursuant to the excavation permit will include the placement of street plate bridging in any location for which a street plate permit is separately required by this chapter, the restoration deposit(s) furnished and maintained by the applicant under the provisions of this section shall further guarantee the applicants compliance with the provisions of article XII, street plate bridging regulations.

(b)

For excavations in unpaved portions of property, right-of-way or easements owned by the city less than 1,000 lineal feet in length, the restoration deposit shall be $500.00, regardless of the number of excavations.

(c)

For excavations in paved portions of property, right-of-way or easements owned by the city that are used as a street or alley less than 1,000 lineal feet in length, the restoration deposit shall be $2,500.00, regardless of the number of excavations. An applicant that maintains the restoration deposit with the city in the amount of $2,500.00 will be sufficient to meet the restoration deposit requirement for excavations in unpaved portions of property, right-of-way or easements owned by the city less than 1,000 lineal feet.

(d)

For each excavation in paved portions of property, right-of-way or easements owned by the city that are used as a street or alley that exceeds 1,000 lineal feet, the amount of the restoration deposit shall be equal to the total cost of the back fill, resurfacing and restoration of the excavation as determined by the director, provided that in lieu of a separate restoration deposit for each excavation exceeding 1,000 feet, an applicant may provide and maintain with the city a restoration deposit in the amount of $50,000.00 An applicant that maintains a restoration deposit with the city in the amount of $50,000.00 will be sufficient to meet the other restoration deposit requirements in this article.

(e)

The period for maintenance of an excavation restoration will extend for three years from the acceptance of restoration performed pursuant to the permit.

(f)

If an excavation in property, right-of-way or easement owned by the city is required in connection with a city contract for construction services that includes a performance and maintenance bond, then a restoration deposit is not required for that excavation.

(g)

If a utility or a person holding a franchise granted by the city that provides and maintains the restoration deposit required under this section, then a contractor performing work for that utility or franchisee may be issued a permit for that excavation in property, right-of-way or easements owned by the city without maintaining a separate restoration deposit.

(h)

The restoration deposit may be in the form of a surety bond or cash deposited with the city treasurer.

(i)

If the restoration deposit balance for an applicant falls below the amounts required in this section, then the director shall not issue additional excavation permits to the applicant for excavations until the restoration deposit balance has been restored to the required balance.

(j)

Any person desiring to withdraw a restoration deposit shall notify the director, who shall thereupon certify to the director of finance any charges due or to become due to the city resulting from any liability provided for in this article. The director of finance shall thereupon return to the depositor the remaining balance of the restoration deposit after deducting all lawful charges due or to become due. The restoration deposit shall not be withdrawn until all outstanding excavations performed by the person have been satisfactorily completed, all restoration work accepted or the three-year warranty has expired, whichever is later.

(Ord. No. 001685, § 1, 2-20-01; Ord. No. 080188, § 1, 6-19-08)