§ 7-2.29. Trench Restoration Fee.

At the time any permit is issued, improvement plan approved, or work performed that causes an excavation of a paved City street, the applicant shall pay a trench restoration fee, in addition to the fee required by the encroachment permit or other administrative fees. The fee shall be in the amount set by resolution of the Council. A trench restoration fee shall not be required for the following excavations:

(a)

In a City street that the City has scheduled for resurfacing either during the fiscal year (July 1 - June 30) when the excavation permit is issued or during the immediately following fiscal year;

(b)

In a City street where the pavement condition index (PCI), as defined by the City's Pavement Management System, is less than twenty-five (25) on the date the excavation permit is issued;

(c)

In a City street where the Pavement Condition Index (PCI) has not been updated within the previous three (3) years;

(d)

For potholing, where required by USA, or City of Modesto and/or Caltrans Horizontal Directional Drilling Specification, to verify utility depth or location;

(e)

Where work will include resurfacing of all or a significant portion of the City street where the excavation is made provided that the Director approves the resurfacing;

(f)

Made for a utility relocation required by the City to accommodate a proper governmental use of a City street;

(g)

For owners possessing a valid pavement life performance warranty agreement with the City as set forth in Section 7-2.33;

(h)

Horizontal Directional Drilling (HDD) excavations greater than eighteen (18) inches in depth of cover over the utility facility not requiring a significant surface incision greater than four (4) square feet and at a depth not greater than six (6) inches below the asphalt.

(i)

With the approval of the Director, and where it would minimize neighborhood disruption, and where savings in street resurfacing costs through avoidance of future excavation are anticipated to exceed amounts that would otherwise be due from the Street Restoration Fee, some portion or all of the otherwise applicable fee may be waived for an excavation in which the applicant installs:

(1)

Conduit for City use or control or;

(2)

Conduit made available via approval and coordination with the City such that future excavation is permanently avoided. The City shall make any available space in such conduit available to subsequent applicants to avoid future excavations in the street. The City shall adopt orders or regulations prescribing circumstances under which in-kind payment of all or some portion of the fee shall be permitted, prescribing specifications for the conduit to be installed, and prescribing terms under which the conduit shall be made available to interested parties on a competitively neutral and non-discriminatory basis.

(Added by Ord. 3196-C.S., § 2, effective 2-1-01)