(A) For streets having recently received new pavement consisting of at least a one-half inch thick layer of asphalt, the prohibition period shall be five years from the date of installation.
(B) For those streets with chip seal, slurry seal coating, or micro paving (or similar) with less than one-half inch of new pavement, the prohibition period shall be three years from the date of installation.
(C) For streets not sealed or paved within the last three to five years the prohibition period shall end when the PCI drops below 80 according to the city's most recent PCI survey/study.
(D) Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in prohibition streets. Exceptions are as follows:
(1) Emergencies that endanger life or property.
(2) Interruption of essential utility service.
(3) Work that is mandated by city, state, or federal law.
(4) Service for buildings where no other reasonable means of providing service exists.
(5) Situations in which no alternative course of action exists, as determined by the Engineer in writing setting forth the facts giving rise to the conclusion that no alternative exists.
(E) To excavate in a Prohibition Street a waiver must be obtained. Before issuing a permit for work in a Prohibition Street, the Engineer will verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method to avoid excavating a prohibition street whenever possible.
(F) To request a waiver, the applicant must submit a written request to the Engineer. The request shall accompany a completed application for an Encroachment Permit along with the following additional information:
(1) The reason(s) the work was not performed before the street was paved.
(2) The reason(s) the work cannot be deferred until after the prohibition period.
(3) The reason(s) the work cannot be performed at another location.
(4) The reason(s) it is justified to excavate the Prohibition Street.
(Ord. 887-C.S., passed 8-6-19)