In order to maintain or improve water and sewer systems and other underground utilities, it is sometimes necessary to excavate within the public rights-of-way for streets and alleys of the City.
A. Except as exempted herein, any person excavating within a public right-of-way shall notify the City Clerk prior to performing such work, pay the necessary fees and obtain a right- of-way encroachment permit. In the event of any emergency, the responsible party may respond and shall notify the City Clerk within twenty four (24) hours. Encroachments that are expressly permitted in conjunction with a site disturbance or building location permit and clearly delineated on the site plan as work within the public right-of-way are not required to obtain a permit under this section. Regardless of the type of permit covering the work, compliance with all other requirements of this section shall be required.
B. Notification to the Clerk shall include the date, street address, number of square feet involved in the excavation and a diagram showing the nature of the work. The City Clerk shall keep accurate records containing the foregoing information.
C. The right-of-way, street or alley shall be restored to a condition as good or better than the condition prior to excavation or cutting of the surface by the person causing the excavation. All work shall be done in a good and workmanlike manner within ninety (90) days of the date the surface was disturbed.
D. The City may deny encroachment permits where, due to weather conditions, the site cannot be restored within the ninety (90) day period. The City may also deny such permits, if the encroachment will result in an unsafe condition, endangers other improvements, or is otherwise not in the public interest. Denial of a permit may be appealed in accordance with section 1-1-5 of this Code. (Ord. 410, 1-17-2017)