Sec. 29-168. - Fees.

(a)

Permit application fee. There is a permit application fee of fifty dollars ($50.00). Permits shall be issued or denied within ten (10) days. There is an expedited application fee of two hundred fifty dollars ($250.00) for permits, which shall be issued or denied within two (2) days. The fees are paid by an applicant when a permit is issued. The fees are charged for administration and input of permit data. An expedited permit may be requested upon a showing of good cause, including but not limited to a pending order for service that cannot be met by means of existing facilities of the ROW user. An expedited permit may be requested and shall be issued or denied within two (2) days of application.

(b)

Inspection fee. The work allowed by each permit shall be subject to inspection as determined by the director. There is an inspection fee of two hundred forty dollars ($240.00) per inspection. The department shall collect the fee from an applicant for each inspection by the department for any excavation. The fee shall be paid at the time of application for a permit. Inspections may be performed on any and all excavations, at the discretion of the director, based on previous performance of the utility owner, location of excavation, type of work and/or construction methodology. Overtime inspection fees are incurred at a rate of fifty dollars ($50.00) per hour and eighty five dollars ($85.00) per hour on Sundays and holidays.

(c)

Permit expiration fee. A fee of thirty dollars ($30.00) will be charged for any permit that has not been extended before its expiration date and for any permit wherein work has not been completed by the expiration date provided for in the permit. The thirty-day period begins with the date of issuance of the permit.

(d)

Electronic maps submittal fee. A fee of forty dollars ($40.00) per hour will be charged for each hour of labor necessitated by information submitted to city in hard copy format in lieu of submittals to city in electronic format. There is a minimum of two (2) hours.

(e)

Pavement degradation recovery fee. This reimbursement to the city is due upon failure of any ROW user's restoration, or upon a ROW user's failure to restore the right-of-way. The following provisions apply to excavations in streets with certain PCI indexes.

(1)

PCI OF O-50. Excavations in streets and/or rights-of-way with PCI values of fifty (50) or less shall be deemed to be excavations in streets with nominal loss of life. The ROW user excavator shall promptly repair the trench envelope and surface in accordance with specifications set forth herein and in the UECM. The repair shall have a guaranty by the ROW user as set forth herein.

(2)

PCI OF 51-85. In the event of an excavation in a street or right-of-way having a PCI of fifty-one (51) to eighty-five (85), the ROW user excavator shall promptly repair the trench envelope and surface in accordance with the specifications set forth herein and in the UECM. The repair shall have a guaranty as set forth herein. In the event of failure of the repair during the guaranty period, the ROW user/excavator shall reimburse the city for its pavement restoration cost and pay the pavement degradation recovery fee, calculated as set forth herein.

(3)

PCI OF 86-100. Excavations in streets and/or right of way with PCI values of eighty-six (86) or greater shall be deemed one hundred (100) percent loss of pavement life. These excavations require block to block and curb to curb pavement reconstruction. Use of a "hot mix asphalt repaving process" is an option with approval of the director. Specifications are available in the department. In the event of any trench failure in the street or right-of-way during the guaranty period, the ROW user shall reimburse the city for its costs to repair the failure, and pay the pavement degradation recovery fee, calculated as set forth herein. Additionally, in the event of such failure, the ROW user shall within forty eight (48) hours repair the subject trench envelope, if required by the director.

(f)

All repairs, for streets or right of way of any PCI, are guaranteed by the excavator making the repair, and the excavator causing the repair to be made, for the "life of the street." The "life of the street" for these purposes is defined to be until such time as that certain street or right-of-way is repaved by the city or another, in the same location as the excavation, or until such time as the PCI index of such street or right-of-way drops to below fifty (50).

(g)

Pavement degradation recovery fee calculation. The area of influence adjacent to the trench is calculated by using the following formula: [(Length of cut in feet + (two (2) times the depth of trench in feet)) × (Width of the cut in feet + (two (2) times the depth of trench in feet))]/ 9 = square yards of area of influence. All damage(s) caused directly or indirectly to the street surface or subsurface outside the pavement excavated area shall be regarded as a part of the excavation repair area. This includes any holes drilled into the pavement and not properly plugged, as well as damages caused by work equipment. These areas, as established by the director, will be included in the total area to be repaired.

(h)

The pavement degradation recovery fee is determined by multiplying the percent loss of life by the pavement cost per square yard determined above by the area of influence. Unit costs shall be updated annually.

(Ex. Trench = Fifteen (15) feet long × two (2) feet wide × four (4) feet deep = (15 + (2x4)) x (2 + (2x4)) / 9 = area of influence of 25.56 square yards)

(1)

Damage recovery cost calculation. The damage recovery cost per square yard shall be based on the pavement thickness and/or street classification (residential, collector minor arterial or major arterial), and the (PCI).

(2)

Pavement cross-sectional thickness determination. Determine the pavement cross-sectional thickness (in inches) from one of the following sources:

a.

City pavement management system (PMS) data base information; or

b.

From infrastructure plans on file in the city engineer's office.

c.

From the as-built drawings on file in the city engineer's office

(3)

Pavement equivalent granular thickness (EGT) determination. The pavement equivalent granular thickness (EGT) value is equal to the sum of all the layers in the existing pavement section times the respective value for each material as follows:

(4)

Pavement section classification determination. Use the calculated EGT Value from above to determine the classification of the pavement section.

a.

Using the PCI value determine the percent loss of life of the pavement by locating the value at the bottom of the graph (Appendix B—Figure B.1) and moving up to intersect the curved line. Read the percent loss of life on the left side of the figure. Round the value to the nearest whole number. The percent loss of life can also be calculated using the following formula:

Percent Loss of Life = 0.0039 × ((PCI/20)^6.963)

b.

Pavement cost per square yard determination. Use the classification from above to determine the cost per square yard for the area to be excavated. The cost per square yard rates shall be updated annually.

c.

Pavement restoration cost is the cost reimbursement owning the city for repair of the pavement riding surface and base and sub-base courses in the event of a failure or a failure of restoration or no restoration by a right-of-way user.

(i)

Registration fee. There is a fee of forty-five dollars ($45.00) per right-of-way user per year for processing registration information, which fee will be collected upon registration.

(j)

Barricade fees.

Barricades, on city streets (including sidewalks and alleys) per sq. ft. of closure per day .....$0.0629

Barricades in traveled portion of city streets between curbs including sidewalk and alley, per sq. ft. per day, minimum .....$50.00

Private barricading of streets or portions of streets, per block of roadway closed, per day of closure (block parties) .....$100.00

(k)

Minimum inspection fee for sidewalks and curb permit .....$50.00

(Ord. No. 93319, § 1, 1-25-01; Ord. No. 101397, § 1, 9-15-05; Ord. No. 2008-09-11-0777G, § 16, 9-11-08; Ord. No. 2009-09-17-0731L, § 1, 9-17-09; Ord. No. 2010-09-16-0791, § 1(Att. G), 9-16-10)

Sec. 29-169. - Penalty for violation of this chapter.

Each violation of this chapter shall be punishable by a fine not to exceed five hundred dollars ($500.00). Each day during which a violation continues shall be deemed a separate violation of this chapter. Any fines that are collected pursuant to this section shall be deposited into Fund No. 29, Project 014000, Streets/Drainage Maintenance and Improvement Fund.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-170. - Public inconvenience penalty.

Public inconvenience penalties are assessed and calculated from the date of expiration of the permit until date of completion of work or repair or of final backfill if turned over to the department for repair. This penalty shall not exceed and is capped by statutory limits. Public inconvenience penalties are charged per day as follows:

_____

(Ord. No. 93319, § 1, 1-25-01)

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Sec. 29-171. - Clean up costs.

The ROW user shall maintain the area on and around the excavation and related work in a clean, safe and orderly fashion at all times during conduct of the excavation and shall clean the same area upon completion of work.

(Ord. No. 93319, § 1, 1-25-01)