§ 96.39 EXCAVATION IN RECENTLY RESURFACED CITY STREETS.
   (A)   Except as otherwise allowed by this chapter, city streets that were resurfaced with an emulsified asphalt “slurry” or asphalt “cape seal” within the previous two years, or improved with asphalt/concrete within the previous five years, of the proposed excavation may not be excavated for utilities or for other reasons.
   (B)   A permit may be issued to allow a permittee to encroach within a right-of-way to install utility facilities, or for other purposes, if such work can be accomplished by boring under the public street section or by other trenchless technologies. Alternative methods for such work including, without limitation, relocating utility facilities to areas other than the public street (for example, under public sidewalks and/or parkways) will be considered and determined not to be feasible before a permit may be issued pursuant to this chapter. Any additional costs for, without limitation, relocating utility facilities outside of the public street or boring under the public street must be borne by the permittee.
   (C)   Excavation of a city street will be allowed by permit under only the most unusual circumstances if the director determines that relocation or boring is not feasible. Under such circumstances, the director will require a permittee to meet the city’s construction standards for excavating in recently resurfaced streets, pay all costs associated with such excavation, and provide such additional security to ensure the integrity of the recently resurfaced public street as may be reasonably required by the director.
(Ord. 1063, passed 10-6-03; Am. Ord. 1322, passed 11-2-22)