§ 12.12.180 — Newly-constructed or resurfaced streets - moratorium period

12.12.180 Newly-constructed or resurfaced streets - moratorium period.

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)