Skip to code content (skip section selection)
(a) Five-Year Plans.
(i) On the first day of April and October, or the first regular business day immediately thereafter, each utility and municipal excavator shall prepare and submit to the Department a plan, in a format specified by the Department, that shows all major work anticipated to be done in the public right-of-way in the next five years. Any utility or municipal excavator that does not propose major work in the next five years shall submit a plan with a statement that no such major work is anticipated and shall immediately report any major work to the Department as soon as it becomes reasonably foreseeable.
(ii) The Department may disclose information contained in a five-year plan to any utility excavator or municipal excavator only on a need-to-know basis in order to facilitate coordination among excavators and to avoid unnecessary excavation in City streets. To the maximum extent permissible under federal, State, and local laws applicable to public records, the City shall not otherwise disclose to the public any information contained in a five-year plan submitted by a utility excavator that is proprietary, trade secret or is otherwise protected from disclosure; provided, however that the City shall have no duty to decline to disclose any information that the utility excavator has not identified on its face as proprietary, trade secret or otherwise protected from disclosure. The Department shall notify a utility excavator of any request for inspection of public records that calls for disclosure of any five-year plan on which any information has been identified as proprietary, trade secret or otherwise protected from disclosure. The Department shall consult with the City Attorney regarding any such request and shall inform the affected utility excavator either that the Department will refuse to disclose the protected information or, if there is no proper basis for such refusal, that the Department intends to disclose the requested information unless ordered otherwise by a court.
(b) Department Repaving Plans.
(i) The Department shall prepare a five-year repaving plan showing all proposed repaving and reconstruction of the public right-of-way. The Department's repaving plan shall be revised and updated on a semiannual basis after receipt of the five-year plans from utility and municipal excavators. In order to facilitate coordination and minimize the cost of excavation, the Department shall make its repaving plan available for public inspection.
(ii) At least one hundred twenty calendar days prior to undertaking the repaving and reconstruction of any block, the Department shall send a notice of the proposed repaving and reconstruction to each utility and municipal excavator.
(i) The Department shall review the five-year plans and identify conflicts and opportunities for coordination of excavations. The Department shall notify affected owners and permittees of such conflicts and opportunities to the extent necessary to maximize coordination of excavation. Each applicant shall coordinate, to the extent practicable, with each potentially affected owner and permittee to minimize disruption in the public right-of-way.
(ii) When two or more applicants coordinate major work in the same block so that, in the opinion of the Department, such major work minimizes disruption to the affected neighborhood, and is likely to qualify the block for repaving, the Department shall make its best effort to schedule the affected block for repaving. Such scheduling shall occur, to the extent funds are available in the Street Damage Restoration Fund, so that the applicants may qualify for a waiver of the street damage restoration fee under Section 2.4.44(b)(ii). Notwithstanding the foregoing, nothing in this subsection shall interfere with the Department's authority to allocate available repaving resources in a manner that it determines best serves the public interest.
(Added by Ord. 341-98, App. 11/13/98)