CHAPTER 11.09
STREET CUT MORATORIUM

11.09.010    Street cut moratorium.

11.09.010 Street cut moratorium.

(a)    On a paved, constructed, or reconstructed street, the pavement surface shall not be cut or opened for a period of five years after the completion date. On a sealed street (slurry, fog, chip, etc.), the pavement surface shall not be cut or opened for a period of three years after the completion date.

(b)    The city engineer shall maintain a list of roadways and their expiration dates under this moratorium.

(c)    The city shall not issue a permit to cut, trench, or otherwise disturb or open the surface of a street that is subject to a moratorium pursuant to subsection (a) of this section unless the director of public works grants an exception pursuant to subsection (d) of this section.

(d)    Exceptions to the above moratorium period may be permitted in the following situations at the discretion of the director of public works:

(1)    Emergencies which endanger life, property or public health and safety.

(2)    Repairs or modifications that are necessary to prevent the interruption of essential utility service.

(3)    Work that is mandated by city, state, or federal legislation.

(4)    Unforeseen circumstances where the financial burden outweighs the benefit to the roadway infrastructure.

(5)    Other situations deemed by the director of public works to be in the best interest of the general public.

(e)    Work deemed by the utility provider to be necessary to resolve a situation that endangers life or property may be completed without prior approval or permit from the city. In these instances, a permit application must be submitted to the director of public works by the end of business on the first business day following the work. (Ord. 1447 § 1, 2023).