§ 24-436. Excavation in newly constructed, reconstructed, repaved or resurfaced streets.

(a)

Prohibition. Except as provided in Subsection (b) of this section, the Director shall not issue a permit for an excavation in any public right-of-way that has been constructed, reconstructed, repaved, or resurfaced in the preceding three years, as measured from the date of acceptance by the City. Owners shall determine alternative methods of making necessary repairs and facility installations to avoid excavations that are prohibited by this section.

(b)

Waiver. The Director, for good cause, shall grant a waiver of the prohibition set forth in Subsection (a) of this section to an owner for excavation:

(1)

For which the City's denial of a permit would violate Federal law;

(2)

To respond to emergencies; or

(3)

To afford an owner the means to provide service to buildings that the owner has no other reasonable means of serving.

The Director shall set forth the reasons for granting or denying the waiver in writing. The Director shall grant a waiver pursuant to this subsection only subject to such special conditions that the Director determines to be appropriate to the circumstances and shall set forth such conditions and the reasoning therefor in writing. In addition to any other information required of an owner for a permit under this article, the owner shall provide the following information to support its request for a waiver under this subsection:

(1)

The reason why the excavation was not performed before or when public right-of-way was paved;

(2)

The reason why the excavation cannot be delayed until after the three-year period set forth in Subsection (a) of this section expires; and

(3)

The reason why the excavation cannot be performed at another location or the owner's need cannot be accomplished by a method that does not require excavation.

(Code 2004, § 90-464; Ord. No. 2005-113-55, § 1, 4-25-2005)

(Code 2004, § 90-464; Ord. No. 2005-113-55, § 1, 4-25-2005)