(A) A permit to excavate in new streets shall not be granted for two years after completion of street construction, reconstruction, or renovation (major rehabilitation), unless a valid franchise agreement contains a longer term. Utilities shall determine alternate methods of making necessary repairs to avoid excavating in new streets. Exceptions to the above are as follows:
(1) Emergency which endangers life or property;
(2) Interruption of essential utility service;
(3) Work that is mandated by City, county, state, or federal legislation; and
(4) Service for buildings where no other feasible means of providing service exists.
(B) For the purposes of the section, a street is considered “new” when it is first constructed, when it is reconstructed, or when it is renovated. RENOVATION shall mean a major rehabilitation which shall include mill and overlay or other similar roadway improvement work that physically modifies the surface of the roadway prior to applying new roadway surface or other similar work as determined by the City Engineer. RECONSTRUCTION shall mean completely rebuilding all the lanes of the street by removing all the pavement and aggregate base course material, re-compacting the sub-base and restoring the base material, and then completely re-paving for a distance approved by the City Engineer. The Director of Public Works or his or her designee shall determine the date of completion for new streets and the date each street was last reconstructed or renovated, based on the date the street was opened or reopened for traffic.
(C) In addition to the obligation to restore the public right-of-way pursuant to § 150.062, a condition of any street cut permit for cutting the pavement of a street within one year of construction, reconstruction, or renovation issued under sections (A)(1) through (A)(4) above shall be that the permittee renovate such street by mill and overlay/inlay, for a minimum of the full width of all lanes impacted by the cut(s) (outside lane includes to the curb) and for arterial streets extending a minimum length of 50 feet both directions from the area of the cut(s) and for collector streets extending a minimum length of 25 feet both directions from the area of the cut(s), all as more specifically directed by the City Engineer or his or her designee; provided, however, for pavement cuts smaller than two square feet, the requirement to renovate the street by mill and overlay/inlay shall not apply. All permits which are issued under sections (A)(1) through (A)(4) above shall be in accordance with the Maricopa Association of Governments (MAG) standards.
(Prior Code, § 8-8-6) (Ord. 18-01, passed 3-12-2018)