§ 7-2.37. Moratorium.

Excavation in newly renovated City streets is prohibited for three (3) years after filing of a notice of completion or acceptance of a new street or structural overlay of an entire street except as follows:

(a)

Emergency which endangers life or property;

(b)

Repair or modification to prevent denial or interruption of utility service;

(c)

Relocation work that is mandated by City, State or Federal legislation;

(d)

Service for buildings where no other reasonable means of providing service exists, as determined by the Director;

(e)

In a City street that the City has scheduled for resurfacing either during the fiscal year (July 1 - June 30) when the excavation permit is issued or during the immediately following fiscal year and the work takes place prior to the resurfacing;

(f)

For potholing to verify utility depth or location;

(g)

Horizontal Directional Drilling (HDD) excavations greater than eighteen (18) inches in depth of cover over the utility facility not requiring a significant surface incision greater than four (4) square feet and at a depth not greater than six (6) inches below the asphalt may be allowed at the discretion of the Director;

(h)

Other situations deemed by the Director to be in the best interest of the general public.

(Added by Ord. 3196-C.S., § 2, effective 2-1-01