(A) It shall be unlawful for any person to cut or open the surface of a public street, sidewalk, or driveway that has been newly constructed, reconstructed, slurry sealed, overlaid, or improved within the previous 60 months, commencing from the date of acceptance of the improvements.
(B) No permits shall be issued to excavate or cut in the street, sidewalk, or driveway that has been improved within the last 60 months except in the case of emergencies or when the Engineer grants an exemption. An emergency shall be deemed to exist if the work is necessary for the presentation of life or property or an urgency affecting the health and welfare of the City’s residents or businesses occurs or in the case of failed pipelines or utility services that affect public security or public safety.
(C) The Engineer may grant exemptions to the moratorium for emergency repairs as provided in division (B) above or for the installation of needed critical infrastructure or facilities where no other alternatives to cutting a street, sidewalk, or driveway subject to the moratorium exist. When granting exemptions, the Engineer may impose reasonable conditions to ensure the rapid and complete restoration of the street, sidewalk, or driveway surface.
(D) If a street, sidewalk, or driveway subject to a moratorium is cut for any reason, the Engineer shall determine the extent of the required repairs for the damages caused by such a cut. If the Engineer determines that restoration of the street, sidewalk, or driveway is not appropriate at a particular time for reasons relating to weather or other short-term complications, the Engineer may order a delay and/or the posting of bonds to insure completion of the work when proper conditions allow for the restoration work.
(E) (1) No person or persons shall make an excavation in or dig up any street, alley, highway, sidewalk, or driveway subject to a moratorium without having obtained a permit in writing for such purpose from the Engineer.
(2) An application for a permit shall be tried with the City on a form prescribed by the City and shall contain such information and data as required by it.
(3) Before any permit is issued, the applicant shall pay to the City a permit fee as set by resolution of the City Council.
(4) All work done under a permit issued in compliance with this section shall be done under the direction of the Engineer or Public Works Superintendent. The Engineer or Public Works Superintendent may revoke a permit issued under the provisions of this section at any time he or she is satisfied that the work is not being performed according to the provision thereof. The acceptance of a permit constitutes an agreement by the applicant to save the City, its’ officers, employees, and agents harmless from any and all costs, damages, and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit.
(Ord. 622, passed 11-3-2010)