15-3-4. Bonds.

(1) To assure restoration of the street surface or the right-of-way in a satisfactory manner, each person excavating within a county right-of-way shall furnish to Tooele County a cash or corporate surety bond as determined by the Board of County Commissioners in resolution.

(2) No bond shall be required for excavations where pipe or cable are laid outside the paved or improved area of a county right-of-way where the excavation is not wider than six inches.

(3) No bond shall be required for augured and cased excavations under county roads, provided that the auguring and casing methods comply with all applicable regulations, ordinances and specific conditions provided in the permit and that the project is approved by the county prior to excavation.

(4) Bonds required by this section shall be forfeited to the county when a project is not restored in a satisfactory manner as provided by county ordinances, regulations or conditions of the permit, within three months after the date of the commencement of the bonded project. The bond may be held by the county for up to one year following the completion of the bonded project. If during the one year period the county determines the restoration was defective in any regard, the county shall give the excavator notice of the defect. If the excavator fails to remedy the defect within 30 days after receipt of the notice, the bond shall be forfeited to the county. When the county is assured that the project has been completed satisfactorily or the one year period has elapsed, the county shall notify the excavator of its intention to release the bond. If the excavator fails to redeem the bond within 60 days after receiving notice, the bond shall be forfeited to the county. If the bond is insufficient to cover the costs of any restoration, the excavator shall be liable to the county for all additional costs incurred in the restoration and shall be liable for all costs and attorney fees to collect the additional amounts.