No person shall cause an open trench excavation or potholing of utilities in the pavement of any public right-of-way for a period of three years from the completion of construction or resurfacing of the street except in compliance with the provisions of this section.
(A) Application. Any application for a permit to excavate in a public right-of-way subject to the requirements of this section shall contain the following information:
(1) A detailed and dimensional engineering plan that identifies and accurately represents the city rights-of-way or property that will be impacted by the proposed excavation, as well as adjacent streets, and the method of construction.
(2) The street width or alley width, including curb and gutter that will be impacted by the proposed excavation.
(3) The location, width, length, and depth of the proposed excavation.
(4) The total area of existing street or alley pavement in each individual city block that will be impacted by the proposed excavation.
(5) A written statement addressing the criteria for approval.
(B) Criteria for approval. No permit for excavation in the right-of-way of new streets shall be approved unless the Deputy City Manager 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 until 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. Persons with prior authorization from the city to perform emergency maintenance operations within the public rights-of-way shall be exempted from this section. Any person commencing operations under the laws of this section shall submit detailed engineering plans, construction methods and remediation plans no later than three working days after initiating the emergency maintenance operation or within such other time as is reasonably practical.
(D) Exemptions for non-emergency operations. A permittee may apply to the Deputy City Manager for an exemption under this section when the construction is necessary in the public interest or to provide a public service. By way of example, but not by limitation, an exemption could be requested in order to provide services to a part of the city where no service would be available without construction. If a non-emergency exemption is granted to disturb a public way within the three-year period, the Deputy City Manager may, in his or her sole discretion, impose additional restoration requirements, including but not necessarily limited to repaving of a larger area, such as an entire block in which the construction occurs.
(E) Construction and restoration standards for newly constructed or overlaid streets and alleys. The streets shall be restored and repaired in accordance with design and construction standards adopted by the city, including the street cut repair standard set forth by the right-of-way occupant and the city pursuant to § 908.06(A)(7).
(Ord. 9351, passed 7-11-06) Penalty, see § 909.99