No permits shall be issued for excavation, or pavement cut, in a street that has been resurfaced less than five years from the date of completion or acceptance whichever has occurred first, unless the affected travel lane(s) of the whole block for arterials and major streets and up to centerline of the street for residential streets is/are repaved. Such repaving of the affected travel lane(s) shall be defined as requiring paving from the end of curb to one foot beyond the lane striping or for cuts occurring in intersections, paving the entire intersection to all existing ends of curbs as observed at the center of the intersection. Such repaving of the affected travel lane(s) of the entire block or intersection, as defined above, shall be performed within sixty calendar days that the permit is valid for. If the paving operation is not completed within sixty days, the paving will be done by the department of public works and the permittee will be required to pay the amount that the department sets forth, which shall include, but not limited to, actual cost of pavement restoration and associated administrative costs. Upon receipt of an invoice, permittee will have thirty days to make payment. A three year period shall also apply to streets that have been recently slurry, flex or cape sealed, etc. such that excavation cannot occur unless the entire affected travel lane(s) or intersection, as defined above, is slurry, flex or cape sealed, etc. respectively. This moratorium shall not apply agencies and public utilities in case of emergencies or when repairs must be made to failed pipelines and conduits or when a new connection, which could not have been anticipated must be made or unless the permittee shall contact the director of public works for the required public improvements associated with the provisions of this moratorium to meet the repaving requirements as soon as practicable.
(Ord. 2118 § 1, 11-25-2002)