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Section 33-59.1. Establishment of Trench Cut Fee. No person shall excavate in the public right of way without, in addition to all other requirements of this Code, having first paid to the City a "Trench Cut Fee." The amount of this Trench Cut Fee shall be set from time to time by resolution, and shall not exceed the reasonable cost necessary to mitigate the degradation to the public streets caused by such excavation. Section 33-59.2. Variance From Payment Of Trench Cut Fee. Any person subject to the Trench Cut Fee may request that the Director waive the requirement of payment of the Trench Cut Fee due to individual cimumstances that demonstrate, on a case-by-case basis, that the amount of the fee is not reasonably related to the projected impact of the proposed excavation. Section 33-59.3. Exceptions. (a) Excavations in streets scheduled for pavement structural improvements in the City's capital improvement construction schedule within one (1) year of the date of excavation shall be exempt from the Trench Cut Fee. The Public Works Agency shall endeavor to notify public utilities of streets so scheduled. (b) No Trench Cut Fee shall be charged for underground utility district projects, utility line relocations necessitated by city street work projects or by street vacations or abandonments. (c) No Trench Cut Fee shall be charged with respect to excavation in a sidewalk or a concrete street. Section 33-59.4. Utility Master Plans. Any utility owning, operating or installing in City streets, alleys, sidewalks, or any other public places facilities providing water, sewer, gas, electric, communication, video or other utility services, shall prepare and submit to the Director a utility master plan, in a format specified by the Director, that shows the location of the utility's existing facilities in City streets, alleys, sidewalks, and other public places, and shows all of the utility's planned major utility work in City streets, alleys, sidewalks and other public places for the next five years. Utilities shall submit an initial utility master plan no later than one hundred eighty (180) days after the effective date of the ordinance adopting this section. Thereafter, each utility shall submit annually, on the first regular business day of July, a revised and updated utility master plan. As used in this subsection, the term "planned major utility works" refers to any and all future excavations planned by the utility when the utility master plan or update is submitted that will affect any City street, alley, sidewalk, or other public place for more than fifteen (15) days, provided that the utility shall not be required to show future excavations planned to occur more Ordinance No. NS~2480 Page 4 of 7