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(A) All work done or uses made under such permits shall be to the satisfaction of the City and shall be in accordance with the terms and conditions of the encroachment permit and all adopted regulations, standards and specifications of the City including the regulations and specifications for pavement restoration. Installation of all facilities shall meet the standard specifications, details and requirements of the Department. The Department may require a permittee to retain an approved utility line identification or locator service such as Arizona Blue Stake.

(B) The permittee shall, to the satisfaction of the City, repair all water and sanitary service lines, streets, sidewalks, curbs, gutters or other property, structures, improvements or facilities damaged by construction or operation pursuant to the permit. All such repairs shall be done in accordance with City standard specifications, details and requirements of the Department.

(C) No Pavement Cuts in New Streets.

(1) Permission to excavate in new streets shall not be granted for two years after completion of street construction, reconstruction or renovation (major rehabilitation). Utilities shall determine alternate methods of making necessary repairs to avoid excavating in new streets. Exceptions to the above are as follows:

(a) Emergency which endangers life or property.

(b) Interruption of essential utility service.

(c) Work that is mandated by city, county, state or federal legislation.

(d) Service for buildings where no other feasible means of providing service exists.

For the purposes of this section, a street is considered “new” when it is first constructed, when it is reconstructed or when it is renovated. “Renovation” shall mean a major rehabilitation which shall include mill and overlay or other similar roadway improvement work that physically modifies the surface of the roadway prior to applying new roadway surface or other similar work as determined by the City Engineer. “Reconstruction” shall mean completely rebuilding all the lanes of the street by removing all the pavement and aggregate base course material, recompacting the sub-base and restoring the base material and then completely repaving for a distance approved by the City Engineer. The Public Works Director/designee shall determine the date of completion for new streets and the date each street was last reconstructed or renovated, based on the date the street was opened or reopened for traffic.

(2) In addition to the payment of the pavement restoration fee, a condition of any street cut permit for cutting the pavement of a street within one year of construction, reconstruction or renovation shall be that the permittee renovate such street by mill and overlay/inlay, for a minimum of the full width of all lanes impacted by the cut(s) (outside lane includes to the curb) and for arterial streets extending a minimum length of 50 feet both directions from the area of the cut(s) and for collector streets extending a minimum length of 25 feet both directions from the area of the cut(s), all as more specifically directed by the City Engineer/designee. Provided, however, for pavement cuts smaller than two square feet, the requirement to renovate the street by mill and overlay/inlay shall not apply. All permits which are issued under subsections (C)(1)(a) through (C)(1)(d) of this section shall be in accordance with such standards as may be adopted by the City of San Luis.

(D) Pavement Restoration Fee.

(1) Whenever any encroachment permit is required to cut into, open, bore, attach to, or make any break or disturbance to the street pavement of any arterial or collector street within the City, the permittee shall, in addition to the repairs required by this City Code, pay to the City the pavement restoration fee established by Council resolution in the City fee schedule. The pavement restoration fee adopted by Council resolution shall be reviewed annually with the budget for street repair.

(2) The pavement restoration fee shall be paid prior to or at the time a street cut permit is issued. In the event changes or amendments to the street cut permit are required which would result in a change in the amount of the pavement restoration fee, an adjusted fee shall be assessed and charged as follows:

(a) If the original pavement cut approved was from one square yard up through 20 square yards, the pavement restoration fee shall be recalculated and an adjusted fee assessed if the increase/decrease to the pavement cut is one square yard or larger.

(b) If the original pavement cut approved was from 21 square yards up through 100 square yards, the pavement restoration fee shall be recalculated and an adjusted fee assessed if the increase/decrease to the pavement cut is more than five percent of the original.

(c) If the original pavement cut approved was for more than 100 square yards, the pavement restoration fee shall be recalculated and an adjusted fee assessed if the increase/decrease to the pavement cut is more than five square yards.

Such amended permit shall be applied for and any additional fees shall be paid within one week of the field change or prior to any new encroachment permits issued to applicant.

(3) The Public Works Director may authorize payment of the fee by the City upon finding that a street cut was made on an emergency basis to avoid a threat to public health, life or safety, or in an extraordinary circumstance the fee may be paid by the City upon approval of the City Council.

(E) Construction Signs Required for Work. Whenever any work which requires a pavement cut is being done in the City streets, easements or right-of-way for which approval by the City of a traffic control plan is required, the person or persons performing such work shall maintain at the site of such work at all times during which any such work is being done, signage meeting the requirements set forth below and providing information to the public as follows:

(1) If the work will take one week or longer to perform such signage shall:

(a) Be installed so that the bottom of the sign is at least seven feet above grade, or as otherwise approved by the City Transportation Engineer;

(b) Be at least three-by-five-foot in size or large enough to contain all the information required below whichever is larger.

(c) Be placed in such positions that they can be read by traffic from each direction.

(d) Be colored “construction orange” with black letters.

(e) Have block letters at least six inches in height;

(f) Contain the following information: the name of the company for whom the work is being performed; the name of the contractor actually performing the work; a general description of the work to be done; the time frame within which the work will be performed, i.e., the date work will commence and the date all work will be completed; a 24-hour contact phone number where persons may speak with a representative of the company for whom the work is being performed or may leave a request to speak with such a representative and for which all calls will be returned by such a representative within 24 hours.

(2) If the work will take less than one week to perform such signage shall:

(a) Be installed on temporary supports at an approved location;

(b) Be placed in such positions that they can be read by traffic from each direction;

(c) Be colored “construction orange” with black letters;

(d) Have block letters at least six inches in height;

(e) Contain the following information: the name of the company for whom the work is being performed; a 24-hour contact phone number where persons may speak with a representative of the company for whom the work is being performed or may leave a request to speak with such a representative and for which all calls will be returned by such a representative within 24 hours. (Res. 597 § 1 (11-3-2.7), passed 4-13-2005.)