(A) No agency, network provider, or public infrastructure contractor shall cause an open trench excavation or potholing of facilities in the pavement of any public right-of-way for a period of three years from the completion of construction or resurfacing except in compliance with the provisions of this section.
(B) Criteria for approval. No permit for excavation in the right-of-way of new streets shall be approved unless the City Engineer finds that all of the following criteria have been met:
(1) Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts.
(2) Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable.
(3) The proposed excavation cannot reasonably be delayed after the three-year deferment period has lapsed.
(C) Exemptions for emergency operations. Emergency maintenance operations shall be limited to circumstances involving the preservation of life, property, or the restoration of customer service. Agencies, network providers, or public infrastructure contractors with prior authorization from the City Engineer to perform emergency maintenance operations within the public rights-of-way shall be exempted from this section. Any agency, network provider, or public infrastructure contractor commencing operations under this section shall submit detailed engineering plans, construction methods, and remediation plans no later than the next business day after initiating the emergency maintenance operation.
(D) Construction and restoration standards for newly constructed or overlayed streets and alleys. The streets shall be restored and repaired in accordance with design and construction standards adopted by the city and guaranteed in accordance with § 96.14.
(Ord. O-23-978, passed 7-17-2023)