A.
It shall be unlawful for any person, firm, or corporation to perform any excavation or tunnel work, construct, remove, replace or repair any improvements, or place any form of construction in, over or upon any street or improvement or otherwise endanger or obstruct the normal flow of vehicular, bicycle or pedestrian traffic or normal flow of surface water, by the placing of any earth or other excavated material, barricade, structure, material or equipment on any street without first obtaining a written permit, approved and issued by the Director.
B.
Except as provided in Subsection B(1) of this subsection, no permit shall be issued for a newly constructed or substantially improved street for a period of five years from the date of acceptance of such construction except in cases of emergency as described in § 735-30.8. Sixty days prior to the start of construction of permanent pavement or improvements on any street, the contractor shall notify, in writing, all property owners of record on such street, all utility companies serving such street, the Police Department and the Fire Department of such construction and of the provisions of this section.
(1)
For a permit to be issued for excavation of any paved or improved street surface which is five years or less, the applicant, under the instructions of the Director, shall be required to secure approval from the City Engineer or his designee, upon review of the application, before any permit can be approved hereunder.
C.
The Director shall have the right to revoke or cancel the permit at any time should the permittee fail to comply with any of the terms, agreements, covenants, ordinances, and conditions thereof.
D.
No permit shall be assigned or transferred except upon the prior written consent of the Director. Nor shall the work take place in any other than the location specifically designated in the permit.
E.
No permit shall be issued for an opening during the period from December 1 to March 15 or where conditions exist due to severe weather, freeze, frost, etc., except for emergency openings or openings required by law.
F.
If the application for street opening permit requires the street to be excavated or opened for a width equal to or greater than 25% but less than 50% of the existing roadway, if the opening exceeds one parking lane width (nine feet), or if the opening is along the curbline, the applicant shall be required to restore the pavement with a two-inch mill and two-inch overlay between the curbline and center line of the roadway.
G.
If the application for street opening permit requires the street to be excavated or opened for a width of equal to or more than 50% of the existing roadway, or if the street is to be excavated or opened along the center line of the roadway, the applicant shall be required to restore the roadway pavement with a two-inch mill and two-inch overlay from curbline to curbline.
H.
All applicants to the best of their ability shall accurately represent the width of the opening on the surface of the roadway on the application, as to take into account the necessary width to meet OSHA standards for trenching and excavation safety to achieve the required depth.