Chapter 12.12
EXCAVATIONS
Sections:
12.12.010 Permit--Application.
12.12.010 Permit--Application.
No person, firm or corporation shall open a street surface, dig within the right-of-way (R.O.W.) of a street or otherwise substantially alter a public road or street surface without first obtaining a R.O.W. permit from the city manager. Application and permit forms shall be provided by the city manager in a format designed to obtain and present information deemed by the city manager to be reasonably necessary to carry out the purpose of this chapter. (Ord. 1969 §1(part), 2013; Ord. 1898 §1(part), 2007; Ord. 960 §1, 1969).
12.12.020 Permit--Granting.
The city manager is authorized and directed to grant a R.O.W. permit to do those things set out in Section 12.12.010 where it appears to the satisfaction of the city manager that reasonable requirements of public safety will be complied with and where it appears to the satisfaction of the city manager that upon completion of construction by the applicant the street surface and/or R.O.W. strip located behind the curb will be replaced in substantially its original form. Notwithstanding the foregoing provisions, a R.O.W. permit shall not be granted in cases in which a street surface has been paved or overlaid within five years of the date of the application unless the city manager determines that an emergency, requiring such excavation, exists. (Ord. 1969 §1(part), 2013; Ord. 1898 §1(part), 2007; Ord. 1235(part), 1975; Ord. 960 §2, 1969).
12.12.030 Permit--Exemptions.
During the last three years of the five-year street cut moratorium described in Section 12.12.020, an applicant may be granted a R.O.W. permit provided the applicant pays a street maintenance fee in the amount of five hundred dollars plus twenty-five dollars per square foot of area excavated.
A R.O.W. permit shall not be required for the following:
A. Regular lawn or landscape maintenance.
B. Any excavation outside the traveled way that does not require an excavation of more than twelve inches below the surface of the ground.
C. Any excavation on private property.
The city manager may designate other managers within the city to act in his/her capacity in matters related to this chapter. (Ord. 1969 §1(part), 2013; Ord. 1898 §1(part), 2007).