Laserfiche WebLink
<br />(c) Degradation Fee in Lieu of Restoration. In lieu of right-of~way restoration, a right-of-way user <br />may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for <br />patching and the degradation fee shall not include the cost to accomplish these responsibilities. <br /> <br />Subd. 3. Standards. The permittee shall perform patching and restoration according to the standards and <br />with the materials specified by the City and shall comply with Minnesota Rules Part 7819.1100. <br /> <br />Subd. 4. Duty to Correct Defects. The permittee shall correct defects in patching, or restoration <br />performed by permittee or its agents. Permittee upon notification from the director shall correct all <br />restoration work to the extent necessary, using the method required by the director. Said work shall be <br />completed within five (5) calendar days of the receipt of the notice from the director, not including days <br />during which work cannot be done because of circumstances constituting force majeure or days when <br />work is prohibited as unseasonal or unreasonable. <br /> <br />Subd.5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the <br />condition required by the director, or fails to satisfactorily and timely complete all restoration required by <br />the director, the director at its option may do such work. In that event the permittee shall pay to the city, <br />within thirty (30) days of billing, the cost ofrestoring the right-of-way. Ifpermittee fails to pay as <br />required, the city may exercise its rights under the construction performance bond. <br /> <br />Sec. 30-9. Supplementary Applications. <br /> <br />Subd.1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way <br />specified in the permit. No permittee may do any work outside the area specified in the permit, except as <br />provided herein. Any permittee which determines that an area greater than that specified in the permit <br />must be obstructed or excavated must before working in that greater area (i) make application for a <br />permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit <br />extension. <br /> <br />Subd.2. Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. <br />no permittee may begin its work before the permit start date or, except as provided herein, continue ; <br />working after the end date. If a permittee does not finish the work by the permit end date, it must appiy <br />for a new permit for the additional time it needs, and receive the new permit or an extension of the old <br />permit before working after the end date of the previous permit. This supplementary application must be <br />submitted before the permit end date. <br /> <br />Sec.30-10. Denial of Permit. <br /> <br />The City may deny a permit for failure to meet the requirements and conditions of this chapter or if the <br />City determines that the denial is necessary to protect the health, safety, and welfare or when necessary to <br />protect the right-of-way and its current use. <br /> <br />Sec. 30-11. Installation Requirements. <br /> <br />The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way <br />shall be done in conformance with Minnesota Rules Part 7819.1100, the City of New Brighton Street <br />Restoration Procedures for Utility Holes and Trenches, plate 1, and other applicable local requirements, <br /> <br />JMS-162035xLes <br />SUl60-39 <br /> <br />9 <br />