For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Excavation
means any cutting of streets and removing material in order to repair or replace underground facilities.
Moratorium
means a period of time when no excavations may occur in the street.
(Ord. 2589 § 2, 2020)
Except as otherwise provided in Section 35.07.030, it is unlawful for any person to cut or open the surface of a public street that has been newly constructed, reconstructed, overlaid, or improved within the previous sixty months (five years) and twenty-four months (two years) for recently slurry or cape sealed streets, commencing from the date of acceptance of the improvements.
(Ord. 2589 § 2, 2020)
The moratorium set forth in Section 35.07.020 shall not apply to the following:
(a) 
Emergency excavations that are: immediately necessary to protect life or property; an urgency affecting the health and welfare of the city's residents or businesses occurs; or in the case of failed pipelines or utility services, that affect public security or public safety.
(b) 
Repairs or modifications that are necessary to prevent interruption of essential utility service, or excavations necessary to provide utility service for buildings where no other reasonable means of providing service exists.
(c) 
Work that is mandated by city, state, or federal law.
(d) 
Excavations, as determined by the city engineer necessary for situations in which no other alternatives to cutting a street subject to the moratorium exist. When granting exceptions, the city engineer may impose reasonable conditions to ensure the rapid and complete restoration of the street and the surface paving.
(e) 
If a street subject to the moratorium is cut for any reason, the extent of required repairs for the damages caused by such cut are outlined in Section 35.07.50, or as determined by the city engineer. If the city engineer determines that restoration of the street is not appropriate at a particular time for reasons relating to weather or other short-term complications, the city engineer may order a delay, or the posting of bonds, to ensure completion of the work when proper conditions allow for the restoration work. Alternatively, the city engineer may approve direct payment to the city to cover the cost of restoration. This payment shall be based on the most recent bids for pavement restoration work.
(Ord. 2589 § 2, 2020)
(a) 
Any and all construction work within the public right-of-way shall require an encroachment permit pursuant to Section 35.01.040. Anyone excavating within the city public right-of-way shall obtain an encroachment permit for the purpose of excavation, in addition to any other required permits. Provided however, that a permit shall not be required in the case of emergencies, as defined in Section 35.07.030 and approved by the city engineer in writing.
(b) 
Work authorized by this article shall be subject to the fees set forth in the public works fee schedule, as adopted and amended by the city council from time to time.
(Ord. 2589 § 2, 2020)
(a) 
Street restoration for streets subject to the moratorium may include repaving, surface grinding, base and sub-base repairs, or other related work as needed, and may include up to full-width surface restoration of the street. Specific restoration requirements shall be determined by the city engineer in accordance with the guidelines established in this section.
(b) 
In the event that sufficient space outside the paved surface to accommodate the bore pit operation exists, the city engineer may permit direct boring as an alternate to street cuts.
(c) 
The following guidelines are established for street restoration work:
(1) 
Recently Paved/Overlaid Streets. Final resurfacing shall include the grinding of existing surrounding pavement and repaving at a minimum depth of two inches but subject to three inches depending on location. For trenches perpendicular to traffic lanes, the permittee shall grind ten feet on both sides of the trench line for residential and arterial streets, and for the full width of any traffic lanes that have been cut. For trenches parallel to the traffic lanes, the permittee shall grind the entire width of the traffic lanes for the full length of the trench with a minimum of ten feet on each end or as directed by the city engineer. For trenches other than those perpendicular or parallel to traffic lanes, the city engineer shall establish appropriate limits of paving. At the discretion of the city engineer, full-width slurry seal may be substituted for overlay in residential areas. Transverse paving joints shall be perpendicular to the direction of travel, and longitudinal paving joints shall not be permitted in vehicle wheel paths. The placement of the surface course of the repaving shall be by a self-propelled, automatic-leveling, variable-width paving machine. Work shall meet all applicable city standards and specifications. The city engineer may modify the scope of work stated above, including increasing the restoration requirements, as he/she shall deem reasonable to fully restore the street to the condition in which it existed prior to the cut.
(2) 
Recently Slurry-Sealed Streets. Slurry seal shall be applied to the patched area no sooner than thirty days and no later than ninety days after completion of the permanent patch. For trenches perpendicular to traffic lanes, the permittee shall slurry seal ten feet on either side of the trench line for residential and arterial streets and for the full width of any street that has been cut. For trenches parallel to the traffic lanes, the permittee shall slurry seal the entire width of the traffic lanes for the full length of the trench, with a minimum of ten feet on each end or as directed by the city engineer. For trenches other than those that are perpendicular or parallel to traffic lanes, the city engineer shall establish appropriate limits of pavement restoration. Transverse paving joints shall be perpendicular to the direction of travel, and longitudinal paving joints shall not be permitted in vehicle wheel paths. Work shall meet all applicable city standards and specifications. The city engineer may modify the scope of work stated above, including increasing the restoration requirements as he/she shall deem reasonable to fully restore the street to the condition in which it existed prior to the cut.
(Ord. 2589 § 2, 2020)
Where a permit is issued to excavate within five years after the date of acceptance of a newly constructed, reconstructed, overlaid, or improved street or within two years of a recently slurry or cape sealed street, payment of the trench restoration fee described in Davis Municipal Code Section 35.08.030 will be required regardless of whether the owner has executed a pavement life performance warranty described in Davis Municipal Code Section 35.08.080.
(Ord. 2640 § 2, 2023)