1. Scope. It is unlawful for a Company to make, cause, or permit to be made any excavation in the PROW outside the boundaries, times, and description set forth in the PROW Permit.

2. Trenching. Trenching in the PROW shall be by the "direct buried method," as defined by the Director. Use of a rock wheel or other trenchless technology to excavate in the PROW is prohibited without prior written approval of the Director.

3. Single Excavation Maximum. No single excavation site shall be longer than 1,200 feet at any time except with the prior written approval of the Director.

4. A Company may not excavate any street that has been reconstructed or resurfaced by the Department or at its direction in the preceding five-year period and shall participate in City efforts to coordinate excavation activities. However, subject to Section 16.12.030, the Director may, for good cause and in their discretion, grant a waiver of the requirements of this paragraph. Good cause shall include (a) the fact that the need to excavate arose in spite of a Company’s full compliance with the coordination of excavation provisions; or (b) the excavation facilitates the deployment of new technology or new service. The Director shall issue their decision on a waiver within a reasonable period after receipt of a written request for a waiver.

1. Companies shall cover open excavation with non-skid steel plates ramped to the elevation of the contiguous street, pavement, or other PROW, or otherwise protected in accordance with guidelines prescribed by the Department.

2. Companies shall keep the area surrounding the excavation clean and free of loose dirt or other debris. Excavation sites shall be cleaned at the completion of each workday. In addition, Permittees shall remove all excavated material from the site of the excavation no later than the end of each workday.

3. Materials and equipment to be used for the excavation within seven calendar days may be stored at the site of the excavation, except that fill material, sand, aggregate, and asphalt-coated material may be stored at the site only if it is stored in covered, locked containers.

4. Companies shall comply with all federal, state, and local laws regarding hazardous materials, including with respect to (a) data collection; (b) disposal, handling, release, and treatment of hazardous material; site remediation; and (c) worker safety and training. "Hazardous material" means any gas, material, substance, or waste which, because of its quantity, concentration, or physical or chemical characteristics, is deemed by any federal, state, or local authority to pose a present or potential hazard to human health or safety or to the environment.

5. Companies shall develop and implement a Water Quality Management Plan and/or Stormwater Pollution Prevention Plan for any excavation project as required by law.

1. In any case in which a Company causes a sidewalk, street, or other PROW to be excavated or disturbed by an excavation, the Company shall restore the sidewalk, street or other PROW in the manner prescribed by the orders, regulations, and standard plans and specifications of the Director.

2. Activities concerning backfilling, replacement of pavement base, and finished pavement shall be performed in a manner specified by the orders, regulations, and standard plans and specifications of the Director. In addition, these activities shall be subject to the following requirements:

3. Upon written request from a Company, the Director may grant written approval for modifications to the requirements of this section.

4. In any case where an excavation is not completed or restored in the time and manner specified in the permit, this Chapter, or the orders, regulations, and standard plans and specifications of the Department, the Director shall order the Company to complete the excavation as directed within 24 hours. If the Company fails, neglects, or refuses to comply with the order, the Director may complete or cause to be completed such excavation and/or restoration in such manner as the Director deems expedient and appropriate. The Company shall compensate the City for any reasonable costs, including but not limited to administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the City or other agencies, boards, commissions, or departments of the City, that were made necessary by such excavation and/or restoration. The cost of such work also may be deducted from the Company’s security fund.

5. Subject to the limitation set forth in this Chapter, completion of an excavation or restoration by the Department in accordance with this Chapter shall not relieve the Company from liability for future pavement failures at the excavation site.

1. Traffic conditions;

2. Public safety;

3. Temporary or permanent street closing not for the benefit of a private party;

4. Street and sidewalk construction or resurfacing;

5. A change or establishment of street grade; or

6. Installation of sewers, drains, water pipes, storm drains, lift stations, force mains, street light Facilities, traffic signal Facilities, tracks, or any other public use of the PROW. (Ord. 7726-NS § 1 (part), 2020: Ord. 7083-NS § 4 (part), 2009)