Chapter 12.06
CITY ROAD EXCAVATIONS
Sections:
12.06.010 Street excavations.
A. Excavation in City Streets Within Five Years of Street Paving Prohibited. No permit shall be issued for any openings, cuts or excavations in any city street for a period of five years following the date such street was paved or repaved, except as provided in this section.
B. Notification of Intent to Pave.
1. Whenever paving or repaving of any city street is authorized, the director of public works shall promptly mail written notice thereof to the following:
a. Each person owning any sewer, main, conduit or other utility in or under said street or any real property, whether improved or unimproved, abutting said street;
b. The owner of record of real property abutting said street;
c. Any applicable state agencies;
d. Holders of franchise agreements with the city allowing utilities in any public right-of-way within the city;
e. City departments that may need to perform work within the affected street; and
f. All other persons who are registered with the city clerk to receive such notice.
2. The notice shall state that no excavation permit shall be issued for openings, cuts or excavations in said street for a period of five years after the date of completion of paving or repaving. The notice shall also state that applications for permits to excavate prior to such paving or repaving shall be submitted promptly in order that the work covered by the permit may be completed by the deadline established for such work by the director of public works.
3. Notice shall be provided to those parties specified in subsection (B)(l) of this section upon:
a. Council adoption of the annual six-year transportation improvement program (TIP) for paving or repaving projects anticipated to be initiated during the first year of that TIP. A second notice shall be provided to those parties upon city execution of a design contract for a specific paving or repaving project under the first year of that TIP.
b. City approval of the development permit or permits necessary to undertake all other paving or repaving projects not set forth under the first year of a TIP.
4. In addition to any notice required under this subsection B, following adoption of the annual transportation improvement program by the city council, the public works director shall promptly provide notice thereof to all city franchise holders.
C. Deadline for Work. All utility work that must be accomplished prior to a paving or repaving project shall be completed by the date of city authorization of the construction contract for the project, or in the case of noncity projects, upon city issuance of a right-of-way permit for the paving or repaving. The public works director may set a later deadline if the director determines that allowing more time will not interfere with the planned work.
D. Exceptions. No permit for excavation shall be issued within the five-year period after expiration of the deadline, unless the public works director or designee determines that:
1. Denying the permit would cause an undue hardship on the person applying for the permit and the need for the excavation could not have been reasonably anticipated before expiration of the deadline;
2. An emergency exists that requires such an excavation to protect the public health, safety or welfare;
3. The excavation is required to provide new services to buildings or residences constructed subsequent to the completion or resurfacing of the public right-of-way that were not reasonably anticipated to be constructed and in need of the services at the time of the completion or resurfacing of the public right-of-way involved; or
4. The applicant can install the utility under the street in a manner that shall not disturb the integrity or surface of the street.
E. Excavation by City Departments. Every city department or official responsible for any work that may require any opening, cut or excavation in a street is directed to take appropriate measures to perform such excavation work within the deadline set by the director of public works.
F. Appeals. In the event that the director of public works or designee denies an application, the applicant’s remedy shall be to appeal to the city hearing examiner. The applicant shall file a written notice of appeal with the city clerk within 15 days from the date of receipt of the denial of the excavation permit application. The appeal notice shall state the specific reasons for objection to the decision of the director. The hearing examiner shall set a date to hear the applicant’s appeal and conduct a hearing on the applicant’s appeal within 45 days of the date the city clerk received the notice of appeal. (Ord. 2123 § 2, 2024)