§ 98-166 — Moratorium

Sec. 98-166. - Moratorium.

Excavation, cutting, or digging in, around, under, or through newly created, renovated, or resurfaced city streets is prohibited for five years after the filing of a notice of completion or acceptance of a new street or structural overlay of the street, unless the director of public works determines that such work is justified by one or more of the following situations: (1) Emergency which endangers life or property, such as an occurrence that: a. Endangers the health and safety of property; and b. Requires excavation in order to remediate the emergency; (2) Repair or modification to prevent interruption of essential utility service; (3) Relocation work that is mandated by city, county, state or federal law; (4) Service for buildings where no other reasonable means of providing service exists, as determined by the director of public works or his or her authorized representative(s); (5) In a city street that the city has scheduled for resurfacing either during the fiscal year when the excavation permit is issued or during the following fiscal year and the work takes place prior to the resurfacing; (6) For potholing to verify utility depth or location; (7) Trenchless excavations greater than three feet in depth of cover over the utility facility not requiring a significant surface incision greater than industry bore pit standards may be allowed at the discretion of the director of public works or his or her their authorized representative(s); (8) New service to a specific location that cannot be provided; a. Through existing conduit; or b. Where trenchless technology is impractical due to one or more of the following: 1. Soil conditions; or 2. Proximity of installations; or 3. Where a large conduit package is being installed; or 4. Where trenchless technology is economically impractical compared to trenching and resurfacing performed in accordance with approved standards; or (9) Approval is granted by the board of alderman. (10) Other situations deemed by the director of public works or his or her authorized representative(s), to be in the best interest of the general public.

(Ord. No. 2012-5, 9-4-2012)