§ 152.020 RIGHT-OF-WAY EXCAVATION PERMIT: WHEN REQUIRED.
   (A)   Excavations are any activities that will cause any physical disturbance within any public right- of-way. This includes, but not necessarily limited to, traditional excavation for the repair/replacement/installation of service connections or other infrastructure; street cutting, potholing, horizontal drilling, horizontal/vertical boring, and installation of conduit or facilities that require excavation for construction such as for installation of curb, curb cuts, gutter, sidewalk, driveways, driveway approaches or any other physical improvement undertaken within any public right-of-way.
   (B)   It shall be unlawful for any person, other than the city or its authorized employees and agents, to commence excavation in any public way without obtaining a right-of-way excavation permit from the City Engineer.
   (C)   Excavations under the definition of this chapter that are required or anticipated based on a city approval for a subdivision or site plan shall obtain a right-of-way excavation permit within existing city streets.
   (D)   A permit is not required:
      (1)   For hand-digging excavations for the installation or repair of sprinkler systems and landscaping within the non-paved areas of the public way that contain no public infrastructure. However, conformance to all city specifications is required; or
      (2)   For public utility providers providing routine maintenance, accessing their utility within the right-of-way, including exercising valves, checking manholes, and other work that does not require excavation and having given notice to the Public Works Director.
   (E)   Any work for which a permit is not required shall still be performed in accordance with city standards and specifications the Manual on Uniform Traffic Control Devices and other laws, regulations, and generally recognized practices of the industry.
   (F)   The City Engineer shall not issue any permit but only in the case of emergencies:
      (1)   For excavation of any public streets, roads, highways, or alleys that were constructed, reconstructed, mill/repaved or overlaid, or had surface treatment in the prior three years; and/or
      (2)   Between November 1 and March 15.
   (G)   Boring is the preferred method for crossing paved city roads. Excavations shall not be approved unless it can be demonstrated that boring is infeasible or impractical as an alternative.
   (H)   Longitudinal excavations of paved city roads shall not be approved unless it can be demonstrated that all other alternatives are infeasible or impractical.
(Ord. 06-2024, passed 3-6-2024)