Chapter 2 STREET AND SIDEWALK EXCAVATIONS

Required. It is unlawful for any person to dig up, break, excavate, tunnel, undermine, or in any manner break up any street, or to make or cause to be made any excavation in or under the surface of any street, or to make any connection thereto for any purpose, or to place, deposit, or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street unless such person shall first have obtained an excavation permit therefor from the City Clerk.

§ 7-2.05 Permits—Applications—Cash deposits.

Exception. No permit shall be required for the installation of any aerial public utility plant in a street easement where the paved portion of the street is not disturbed.

(§ 3:10, Ord. 52)

§ 7-2.04 Permits—Applications.

No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the City Clerk. The written application shall state the name and address of the applicant, the nature, location, and purpose of the excavation, the date of commencement and date of completion of the excavation, and any other data as may be reasonably required by the City Engineer. The application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of the existing ground prior to the excavation and of the proposed excavated surfaces, the location of the excavation work, and such other information as may be prescribed by the City Engineer. Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit.

(§ 4:10 and 19:10, Ord. 52)

Special Deposits. The application for an encroachment permit shall be accompanied by a cash deposit, made to the City Clerk for deposit with the City Treasurer, the amount of which shall be set by resolution.

General Deposits. Any person intending to make openings, cuts, or excavations in streets may make and maintain with the City Treasurer a general deposit, the amount of which shall be set by resolution. Each person making a general deposit shall not be required to make the special deposit set forth in subsection (a) of this section but shall be required to comply with all the other applicable provisions of this chapter.

Purposes. Any special or general deposit made pursuant to the provisions of this section shall serve as security for the repair and performance of work necessary to bring the affected area to the Town specifications if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work pursuant to the encroachment permit.

§ 7-2.07 Permits—Issuance—Placards.

Refunds. Upon the completion of the work covered by such permit in conformity with the provisions of this chapter as determined by the City Engineer, two-thirds of such cash deposit, except in the case of an annual deposit, shall be promptly refunded by the Town to the permittee, and the balance shall be refunded by the Town to the permittee upon the expiration of a 24 month period after restoring the site to its original condition. As to any annual deposit, two-thirds of such deposit shall be refunded by the Town at the end of the one-year period for which the deposit is made or upon the satisfactory completion of all excavation work undertaken during such period, whichever is later, and the balance of the annual deposit shall be refunded upon the expiration of a 24 month period after restoring the site to its original condition.

(e)

Expenditures. The Town may without notice use any or all of any such deposit to pay the costs of any work the Town performs to restore or maintain the street in the event the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the Town.

(f)

Exemption. No deposit shall be required of any public agency or public utility which is authorized by law to establish or maintain works or facilities in, under, or over any public highway (as provided in Section 1468 of the California Streets and Highways Code). Nor shall the application of any such entity be denied, unless such applicant has failed to comply with the provisions of this chapter under a previous permit.

(§ 8:10, Ord. 52; § 13, Ord. 328, eff. October 6, 1989; § 1, Ord. 532, eff. November 20, 2011)

§ 7-2.06 Permits—Fees.

A permit fee, the amount of which shall be set by resolution, shall be charged by the City Clerk for the issuance of each excavation permit, which fee shall be in addition to all other fees for permits or charges relative to any proposed construction work.

(§ 5:10, Ord. 52; § 14, Ord. 328, eff. October 6, 1989)

The City Clerk shall provide each permittee at the time an encroachment permit is issued a suitable placard plainly written or printed in English letters at least one inch high with the following notice: "Town of Los __________Altos__________Hills__________Permit__________No. _____ Expires _____." In the first blank space there shall be inserted the number of the permit, and after the word "expires" there shall be stated the date when the permit expires. It shall be the duty of the permittee to have the permit available for inspection at the site of the excavation work at all times while the work is in progress. It is unlawful for any person to exhibit such placard at or about any excavation not covered by such permit or to misrepresent the number of the permit or the date of expiration of the permit.

(§ 6:10. Ord. 52; § 1, Ord. 532, eff. November 20, 2011)

§ 7-2.08 Permits—Issuance—Bonds.

Before an encroachment permit shall be issued, the applicant shall deposit with the City Clerk a surety bond in an amount to be determined by the City Clerk, payable to the Town. The required surety bond shall be:

With good and sufficient surety;

By a surety company authorized to transact business in the State;

Satisfactory to the City Attorney in form and substance; and

§ 7-2.09 Permits—Issuance—Insurance.

Conditioned upon the permittee's compliance with the provisions of this chapter and to secure and hold the Town and its officers, employees, agents, and contractors harmless against any and all claims, judgments, or other cost, arising from the excavation and other work covered by the encroachment permit or for which the Town, the Council, or any Town officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee, either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned upon the permittee to fill up, restore, and place in good and safe condition to Town specifications, and to the satisfaction of the City Engineer, all openings and excavations made in streets and to maintain any street where an excavation is made in good condition for the period of 24 months after such work shall have been done, usual wear and tear excepted.

Any settlement of the surface within such two year period shall be deemed conclusive evidence of defective backfilling by the permittee.

The provisions of this section shall not be construed to require the permittee to maintain any repairs to pavement made by the Town if such repairs should prove defective.

Any owner of real estate repairing or engaging another to repair his or her own sidewalk shall not be required to give such bond.

Recovery on such bond for any injury or accident shall not exhaust the bond, but the bond shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the Town by reason of the negligence or default of the permittee, and upon written notice given by the Town to the permittee of such suit or claim, any final judgment against the Town requiring it to pay for such damage shall be conclusive upon the permittee and his or her surety.

An annual bond may be given which shall remain in force for one year and which shall be conditioned as set forth in this section, in an amount determined by the City Clerk, and in other respects as set forth in this section but applicable as to all excavation work in streets by the principal in such bond during the term of one year from the date given.

(§ 7:10, Ord. 52; § 1, Ord. 532, eff. November 20, 2011)

A permittee, prior to the commencement of the excavation work, shall furnish the City Clerk satisfactory evidence, in writing, that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the encroachment permit public liability insurance in an amount not less than $100,000 for any one accident and property damage insurance in an amount not less than $50,000. Such insurance shall be duly issued by an insurance company authorized to do business in the State. The City Engineer may increase, decrease, or waive the insurance limits above in those cases where the City Engineer determines that special circumstances justify such waiver.

(§ 39:10, Ord. 52; § 1, Ord. 532, eff. November 20, 2011)

§ 7-2.10 Traffic—Routing.

The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public; provided, however, the City Engineer may permit the closing of streets to all traffic for a period of time prescribed by him or her if, in his or her opinion, such closing is necessary. The permittee shall route and control traffic, including the vehicles of the permittee, as directed by the Chief of Police. The following steps shall be taken before any street may be closed or restricted to traffic:

The permittee shall receive approval of the City Engineer and the Chief of Police therefor.

The permittee shall notify the Chief of the Los Altos County Fire Protection District of any street so closed.

Upon the completion of the construction work, the permittee shall notify the City Engineer and the Chief of Police before traffic is moved back to its normal flow so that any necessary adjustments may be made.

§ 7-2.11 Traffic—Street encroachments—Vehicular and pedestrian safety.

Where flaggers are deemed necessary by the City Engineer, they shall be furnished by the permittee at his or her own expense.

Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the City Engineer shall designate detours. The Town shall maintain roadway surfaces of existing streets designated as detours without expense to the permittee, but in the event there are no such existing streets, the permittee shall construct all detours at his or her expense and in conformity with the specifications of the City Engineer. The permittee shall be responsible for any damage caused to any street by the operation of his or her equipment.

(§ 9:10, Ord. 52)

The permittee shall so conduct his or her activities to confine earth from trenches or other excavations in order to encroach upon streets as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across streets being improved to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings of adequate size to safely accommodate vehicular traffic shall be constructed and maintained.

Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over the excavation on the line of the sidewalk. Such bridge shall be at least three feet wide and shall be securely railed on each side so that foot passengers can walk over the bridge safely at all times.

(§ 11:10 and 14:10, Ord. 52; § 1, Ord. 532, eff. November 20, 2011)

§ 7-2.12 Fire equipment.

The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.

(§ 10:10, Ord. 52)

§ 7-2.13 Barricades—Lights.

The permittee shall erect such fences, railings, or barriers about the site of the excavation work as shall prevent danger to persons using the streets or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed.

At twilight there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstructions to streets suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. It is unlawful for anyone to remove or tear down any such fence, railing, or other protective barrier or any light provided for the protection of the public.

(§ 15:10, Ord. 52)

§ 7-2.14 Utilities.

The permittee shall not interfere with any existing Town-owned utility without the written consent of the City Engineer or with any other utility without the consent of the owner of such utility. If it becomes necessary to protect, remove, or relocate an existing utility, this shall be done by its owner at the expense of the permittee. In the event any Town-owned or privately-owned utility is damaged by the permittee, such damages shall be repaired by the agency or person owning the utility, and the expense of such repairs shall be charged to the permittee, and his or her bond shall be liable therefor. The permittee shall inform him or herself as to the existence and location of all underground utilities and protect them against damages.

(§ 12:10, Ord. 52)

§ 7-2.15 Adjoining property.

The permittee shall at all times at his or her own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where, in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose.

(§ 13:10, Ord. 52)

§ 7-2.16 Watercourses.

The permittee shall provide for the flow of all watercourses, sewers, and drains intercepted during the excavation work and shall replace the same in as good condition as he or she found them or shall make such provisions for them as the City Engineer may direct. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provisions to take care of all surplus water, muck, silt, surface runoff, slickings, or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damages resulting from his or her failure to so provide.

(§ 21:10, Ord. 52)

§ 7-2.17 Monuments.

The permittee shall not disturb any surface monuments or hubs found on the line of the excavation work until ordered to do so by the City Engineer.

(§ 35:10, Ord. 52)

§ 7-2.18 Noise, dust, and debris.

Each permittee shall conduct and carry out the excavation work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work noise, dust, and unsightly debris and, between the hours of 10:00 p.m. and 7:10 a.m., shall not use, except with the express written permission of the City Engineer or in the event of any emergency as set forth in Section 7-2.31 of this chapter, any tool, appliance, or equipment producing noise or sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

(§ 33:10, Ord. 52)

§ 7-2.19 Attractive nuisances.

It is unlawful for the permittee to cause or permit to remain unguarded at the place of excavation or opening any machinery, equipment, or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health.

(§ 16:10, Ord. 52)

§ 7-2.20 Breaking pavement.

Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four feet or over in depth, the pavement and the base shall be removed to at least six inches beyond the outer limits of the subgrade which is to be disturbed in order to prevent settlement, and a six inch shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit the complete breakage of concrete pavement or the base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver shall be used in breaking up pavement.

(§ 22:10, Ord. 52)

§ 7-2.21 Trenching.

Unless the permittee receives written permission from the City Engineer, all excavations for pipelines shall be by open cut. Trenching machines and other types of equipment may be used except where their use will result in damages to existing facilities.

In all cases where pipe with bell or collared ends is to be laid, bell holes shall be excavated so that the pipe, when laid, will rest the full length of the barrel on the bottom of the trench or prepared foundation. In the event the trench is excavated below the grade called for on the drawings, the trench shall be refilled to grade, at the expense of the permittee, with clean sand well-tamped in place.

Except by special permission from the City Engineer, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled more than 500 feet where pipe has been laid. The length of the trench which may be opened at any one time shall not be greater than the length of the pipe and the necessary accessories which are available at the site ready to be put in place. Trenches shall be braced and sheathed according to the general accepted safety standards for construction work as prescribed by the City Engineer. No timber, bracing, lagging. sheathing, or other lumber shall be left in any trench.

(§ 23:10 and 29:10, Ord. 52)

§ 7-2.22 Maintenance and disposal of excavated materials.

All materials excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such a manner as not to endanger those working in the trench, pedestrians, or users of the streets and so that as little inconvenience as possible is caused to those using the streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated materials beside the trench, the City Engineer shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. The permittee shall have the responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.

(§ 17:10, Ord. 52)

§ 7-2.23 Bedding.

Unless the trench bottom is of rock, the pipe shall be placed directly upon such foundation as is encountered in the trench bottom. Where the foundation requires stabilization because there exists a soft, wet, spongy, or unstable condition, or where the permittee wishes to underdrain the pipe for his or her own purposes, gravel or crushed rock shall be used to stabilize the foundation. Where the natural trench bottom is of rock, the trench shall be dug three inches deeper than the grades shown on the plans and shall be refilled with clean, welltamped sand to grade.

(§ 24:10, Ord. 52)

§ 7-2.24 Backfilling.

Initial Backfill. After the pipe has been properly laid and inspected, select backfill material, as set forth in this subsection, shall be placed around and over the pipe to a depth of six inches and shall be thoroughly compacted by hand-tamping to a density of 95% of the maximum in accordance with the provisions of AASHO T99. The select backfill material shall be clean quarry waste, clean natural sand, gravel, or material excavated from the trench, free of organic matter, and of such size that 95% shall pass a one-half inch sieve when tested in accordance with the provisions of ASTM D422-39.

Subsequent Backfill. All remaining backfill shall be placed and compacted to a density equal to at least that of the original native soil before the excavation. Water-tamping by approved methods shall be permitted upon those portions of the work which, in the opinion of the City Engineer, are to be backfilled with material which is suited to water settling. Backfill shall consist of material excavated from the trench unless, in the opinion of the City Engineer, select imported backfill is required. Select imported backfill material shall be sandy or granular material of such size that 100% shall pass a four inch square sieve and not more than 35% shall pass a No. 200 sieve. Such backfill shall be readily compactable by flooding or jetting. When backfill is to be compacted by jetting, the backfill shall be placed in layers not exceeding three feet in depth, each layer being thoroughly compacted before the succeeding layer is placed. Jetting shall be accomplished by thoroughly and uniformly wetting each layer by means of jet pipes of sufficient length to reach the bottom of the layer.

(§ 25:10 and 25:20, Ord. 52)

§ 7-2.25 Repaving.

All Pavement. The permittee shall restore all pavement over excavated areas with like material and to the same condition as the pavement existed before construction; provided, however, in no case shall the restored pavement be less than 12 inches of approved base material compacted to 95% of the maximum as determined by tests conforming to the provisions of AASHO T99.

Asphalt. If repaving with an asphaltic type surfacing is necessary, it shall be no less than the following:

(1)

One prime coat of SC-1 penetrating oil applied at the rate of 0.25 gallons per square yard to the base rock and allowed to penetrate for at least 24 hours;

(2)

A two and one-half (2.5) inch layer of hot plant mix asphaltic concrete, rolled and finished to proper elevation. Plant mix shall be Type B as described in the State Highway Standard Specifications, dated August, 1954; and

(3)

A fog seal coat applied at the rate of 0.05 gallons per square yard.

§ 7-2.32 Forthcoming improvements by Town—Installation or repair of utility facilities.

Concrete. If repaving is to be concrete, all concrete work shall be Class B as described in the State Highway Specifications, dated August, 1954, unless Class A concrete is required by the City Engineer.

(§ 26:10, Ord. 52; § 1, Ord. 532, eff. November 20, 2011)

§ 7-2.26 Temporary surfacing.

The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable material well tamped into place, and such fill shall be topped with a minimum of at least one inch of bituminous mixture which is suitable to maintain the opening in good condition until the permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and shall maintain, such restorations in safe traveling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of the City Engineer.

If, in the judgment of the City Engineer, it is not expedient to replace the pavement over any cut or excavation made in the street upon the completion of the work allowed under the encroachment permit by reason of the looseness of the earth or weather conditions, the City Engineer may direct the permittee to lay a temporary pavement of wood, or other suitable material designated by the City Engineer, over such cut or excavation to remain until such time as the repair of the original pavement may be properly made.

(§ 27:10. Ord. 52; § 1, Ord. 532, eff. November 20, 2011)

§ 7-2.27 Surfacing by the Town.

If the permittee shall have failed to restore the surface of the street to the Town's specifications upon the expiration of the time fixed by the excavation permit, or shall otherwise have failed to complete the excavation work covered by such permit, the City Engineer, if he or she deems it advisable, shall have the right to do all the work and things necessary to restore the street. The permittee shall be liable for the actual cost thereof and an additional percent of such cost for general overhead and administrative expenses, the percentage of which shall be set by resolution. The Town shall have a cause of action for all fees, expenses, and amounts paid out and due the Town for such work and shall use in payment of the amount due any funds of the permittee deposited as set forth in Section 7-2.05 of this chapter. The Town shall also enforce its rights under the surety bond of the permittee provided as set forth in Section 7-2.08 of this chapter.

(§ 28:10, Ord. 52; § 15, Ord. 328, eff. October 6, 1989)

§ 7-2.28 Completion of the work.

The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to Town specifications as soon as practicable and in any event not later than the date specified in the excavation permit therefor.

(§ 30:10, Ord. 52)

§ 7-2.29 Cleanup work.

As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock, and other debris resulting from such work. All cleanup operations at the location of the excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the City Engineer. From time to time as may be ordered by the City Engineer, and in any event immediately after the completion of the work, the permittee shall, at his or her own expense, clean up and remove all refuse and unused materials of any kind resulting from the work. Upon failure to do so within 24 hours after having been notified to do so by the City Engineer, such work may be done by the City Engineer and the cost thereof charged to the permittee, and the permittee shall be liable for the cost thereof under the surety bond provided as set forth in Section 7-2.08 of this chapter.

(§ 20:10. Ord. 52; § 1, Ord. 532, eff. November 20, 2011)

§ 7-2.30 Urgent work.

If, in his or her judgment, traffic conditions, the safety or convenience of the traveling public, or the public interests require that the excavation work be performed as emergency work, the City Engineer shall have the full power to order, at the time the permit is granted, that a crew and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible.

(§ 31:10, Ord. 52)

§ 7-2.31 Emergency work.

In the event of an emergency in which a sewer, main, conduit, or utility in or under any street breaks, bursts, or otherwise is in such condition as to immediately endanger the property, life, health, or safety of any individual, or interferes with a necessary utility service, the person owning or controlling such sewer, main, conduit, or utility, without first applying for and obtaining an excavation permit, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of the property, life, health, and safety of individuals or to protect or reestablish such necessary utility service. However, such person owning or controlling such facilities shall apply for an excavation permit not later than the end of the next succeeding day during which the office of the City Clerk is open for business.

(§ 32:10, Ord. 52)

Notices. Whenever the Council enacts any ordinance or resolution providing for the paving or repaving of any street, the City Clerk shall promptly mail a written notice thereof to each person owning any sewer, main, conduit, or other utility in or under such street or any real property, whether improved or unimproved, abutting such street.

The City Clerk shall also promptly mail copies of such notices to the occupants of all houses, buildings, and other structures abutting such street for the information of such occupants and to State agencies and Town departments or other persons who may desire to perform excavation work in such street.

Notices—Contents. Such notice shall notify such persons that no encroachment permit shall be issued for openings, cuts, or excavations in such street for a period of five years after the date of the enactment of such ordinance or resolution. Such notice shall also notify such persons that applications for encroachment permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than 45 days from the date of the enactment of such ordinance or resolution.

Performance of Installation or Repair Work. Within said 45 day period every public utility company receiving such notice shall perform such excavation work, subject to the provisions of this chapter, as may be necessary to install or repair sewers, mains, conduits, or other utility installations.

Failure to Perform Installation or Repair Work. In the event any owner of real property abutting such street shall fail within said 45 day period to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his or her successors in interest to make openings, cuts, or excavations in such street shall be forfeited for a period of five years from the date of the enactment of such ordinance or resolution. During said five year period, no encroachment permit shall be issued to open, cut, or excavate in such street unless, with the approval of the City Engineer, the applicant for a permit can show the necessity for the encroachment permit to be issued.

(e)

Responsibility of Town Officers and Employees. Every Town department or official charged with the responsibility for any work that may necessitate any opening, cut, or excavation in such street is hereby directed to take appropriate measures to perform such excavation work within said 45 day period so as to avoid the necessity for making any openings, cuts, or excavations in the new pavement in such Town street during said five year period.

(§ 34:10, Ord. 52; § 1, Ord. 532, eff. November 20, 2011)

§ 7-2.33 Inspections.

The Building Inspector shall make such inspections as are reasonably necessary in the enforcement of the provisions of this chapter, and the Town may bill the permittee for the actual costs of such inspections.

(§ 36:10, Ord. 52)

§ 7-2.34 Guarantee of work.

It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation, for a period of two years after restoring the site to its original condition, ordinary wear, tear, and causes beyond the control of the permittee excepted.

In the event that the permittee does not maintain the work authorized by the permit or the site of the excavation, as set forth in subsection (a), the balance of any cash deposit held pursuant to Section 7-2.05(d) may be used by the Town to fund the repair or maintenance of the work authorized by the permit or the site of the excavation.