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A. For streets, alleys, and other public rights-of-way that are newly constructed, reconstructed, or resurfaced, the following shall apply:

1. Excavation and cutting in the public rights-of-way shall not be permitted for a period of five years from the date of completion of the construction, reconstruction or resurfacing.

2. If excavation or cutting is allowed as an emergency or an exception, as defined herein, the permittee, as a condition of approval, shall restore the surface of the public rights-of-way following excavation or cutting by grinding two inches of existing pavement, curb-to-curb, and repaving the surface for a distance of at least twelve and one-half feet from each side of a traverse street cut and/or up to one lane width beyond each side of a longitudinal trench, and up to twelve and one-half feet beyond each end of a longitudinal trench, using a properly licensed contractor.

B. For streets, alleys, and other public rights-of-way that were constructed or resurfaced using slurry seal, the following shall apply:

1. Excavation and cutting in the public rights-of-way shall not be permitted for a period of two years from date of completion of the slurry seal.

2. If excavation or cutting is allowed as an emergency or an exception, as defined herein, the permittee, as a condition of approval, shall restore the surface of the public rights-of-way after cutting or excavation by applying a type II slurry using a licensed road slurry contractor over the surface, curb-to-curb, from each side of a traverse street cut; and/or up to one lane width beyond each side of a longitudinal trench and up to twelve and one-half feet beyond each end of a longitudinal trench.

3. The extent or amount of reconstruction, resurfacing or slurry seal application required shall be that which, in the determination of the city’s director of public works or city engineer, or their designee(s), is required to return the public rights-of-way to as good a condition as existed before the excavation or cutting work, in the sense of restoring the functional condition of the public rights-of-way and ensuring that the useful life of the public rights-of-way is no shorter after the excavation and cutting than before. The decision of the city official making this determination shall be final.

(Ord. 2266 NCS §1 (part), 2007.)