§ 66-49. Rights-of-way restoration.

(a)

The permittee shall restore the rights-of-way in the manner and to the condition required by the department.

(b)

If the permittee fails to restore the rights-of-way, and upon ten days' written notice to permittee, the village may restore the rights-of-way itself, and the permittee shall pay the costs thereof within 30 calendar days of billing.

(c)

The permittee shall perform the work according to the standards and with the materials specified by the public services director. The public services director shall have the authority to prescribe the manner and extent of the restoration. The public services director in exercising this authority shall be guided by the following standards and considerations:

(1)

The number, size, depth and duration of the excavations, disruptions or damage to the rights-of-way;

(2)

The traffic volume carried by the rights-of-way;

(3)

The character of the neighborhood surrounding the rights-of-way;

(4)

The condition of the rights-of-way prior to the excavation;

(5)

The remaining life-expectancy of the rights-of-way affected by the excavation;

(6)

Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the rights-of-way that would otherwise result from the excavation, disturbance or damage to the rights-of-way; and

(7)

The likelihood that the particular method of restoration would be effective in slowing the depreciation of the rights-of-way that would otherwise take place.

(d)

The permittee shall guarantee its restoration work and shall maintain and correct any improper construction at its cost for 12 months following its completion. During this 12-month period, it shall, upon notification from the department, correct all restoration work to the extent necessary using the method required by the office of the land development director. Said work shall be completed within 21 calendar days of the receipt of the notice from the village.

(e)

The permittee shall, at its own expense, repair or replace any other real or personal property disturbed or damaged on account of its construction of facilities in the rights-of-way.

(f)

In the event permittee fails to comply with any part of this section, the registrant shall be fully responsible to the extent provided by law.

(Ord. No. 2015-28, § 3, 9-25-2015)