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brs 614/21 <br />(2) Newly surface sealed City Street Pavement shall not be cut or excavated <br />for a period of three (3) years, subject to exceptions below. Newly surface <br />sealed City Street Pavement is defined as any treatment that adds to the <br />structural capacity, life of the pavement, or aesthetic value of any street <br />resulting from applying less than one (1) inch thickness of asphaltic or <br />cementitious materials overlaying, filling existing surface defects, or <br />stabilizing base or subbase layers. <br />(3) The City Engineer or his or her authorized representative may permit newly <br />constructed, reconstructed, resurfaced, or surfaced sealed City Street <br />Pavement to be cut or excavated prior to expiration of the respective <br />Moratorium period above. The City Engineer or his or her authorized <br />representative may approve or conditionally approve any such exception if <br />one or more of the following cases are present: <br />A. Emergencies which endanger life, property, or public health and <br />safety. <br />B. Restoration of essential utility service. <br />C. Other situations deemed by the City Engineer or his or her <br />authorized representative to be in the best interest of the general <br />public. <br />Exceptions made will require special restoration to mitigate the excavation <br />which impacts the structural capacity, life of the pavement, or aesthetic <br />value of any City Street Pavement. The City Engineer or his or her <br />representative shall cause to be made available an accompanying set of <br />details which mitigate the excavation or cuts. <br />(d) Start of the Moratorium time period. The Moratorium shall begin on the date that <br />the City accepts the newly constructed, reconstructed or resurfaced City Street <br />Pavement, or newly surface sealed City Street Pavement, as documented by the <br />City. Such records and documents shall be made available by the City upon <br />request. <br />(e) Notice of Moratorium to Utilities and Private Developers. The City shall provide <br />notice of the Moratorium by making available a list of City Street Pavements that <br />will be newly constructed, reconstructed, resurfaced, or surface sealed on the City <br />website to provide Utility Operators and prospective Private Developers time to <br />arrange for excavation or street cuts prior to the noticed City Street Pavement that <br />will be newly constructed, reconstructed, resurfaced, or surface sealed. <br />Ordinance No. NS-3006 <br />Page 3 of 6 <br />