A. No person shall excavate a city street, road, or alley during the moratorium period, except as provided in subsection B below. For purposes of this section:
1. If the pavement at the excavation site has been installed, repaired, or replaced to a depth of at least one-half inch below the pavement surface, the moratorium period is five years beginning on the day that the city accepted the pavement or issued a notice of completion for the pavement.
2. If the pavement at the excavation site has been installed, repaired, or replaced to a depth less than one-half inch thick below the pavement surface, such as a chip seal coating, slurry seal coating, or micro paving, the moratorium period is three years beginning on the day that the city accepted the pavement or issued a notice of completion for the pavement.
B. Notwithstanding subsection A above, the director may issue an encroachment permit for the excavation of a city street, road, or alley during the moratorium period if:
1. The excavation is immediately necessary to save life or property;
2. The excavation is necessary to prevent the imminent interruption of one or more utility services;
3. The excavation has been requested by a federal or state agency or the city;
4. The excavation is required to comply with a condition imposed on any approval or permit issued in accordance with title 17;
5. The excavation is necessary to provide service where no alternative means of providing service exists; or
6. The director determines the excavation is in the best interest of the city.
C. An applicant requesting an encroachment permit pursuant to subsection B above must submit to the director an application that includes the following information:
1. The basis, from subsection B above, upon which the applicant requests the permit;
2. Location of the excavation to be performed and the reasons the excavation cannot be performed at another location;
3. Description of the work to be performed;
4. Reasons the work cannot be deferred until after the moratorium period; and
5. Reasons why the applicant did not coordinate the work with previous excavations, as required by section 12.12.190.E. (Ord. 2024-0050 § 2)