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A. Specified: All physical change, damage or work to be performed within the public right of way or other public place that affects or may affect any of the existing natural and/or manmade features contained therein, as a result of any activity, including, but not limited to, utility installation, approach construction, major landscaping, erecting fixed objects, drainage improvements and all other improvement work and maintenance, shall proceed in compliance with this chapter. However, notwithstanding any other provision of this chapter, the requirements governing the placement of backfill and compaction of materials set forth herein shall not apply to excavations that are conducted wholly outside of the prism of city streets. This "street prism" includes the entire paved surface of a city street, along with an area of three (3) linear feet measured from the edge of all sides of such pavement. (Ord. 246, 5-3-2011)
B. Exemptions: The provisions of this chapter shall not apply to the following:
1. The city.
2. Contractors who are under contract to the city and who are covered by a performance bond or appropriate security equal in value to the amount of work to be performed within the public right of way or other public place.
3. Minor landscaping, including, but not limited to, the planting of grass, flowers and shrubs. Property owners shall be liable for any costs incurred by the city to remove any such landscaping from the public right of way. (Ord. 216, 10-16-2006)
4. Mailbox structures and temporary real estate signs (as defined in section 8-4-3 of this code) comprised of wooden materials. Property owners shall be liable for any costs incurred by the city to remove any such structures from the public right of way. (Ord. 242, 11-16-2010)
5. Any work performed pursuant to any law of the state of Idaho which specifically provides for such work.
6. In the discretion of the city, water or sewer main or service breaks, gas and electric main or service breaks or leaks and similar emergency repairs.
7. Other reasonable exceptions that may be made by the city council. (Ord. 216, 10-16-2006)