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A. Whenever any person, firm, or corporation desires to excavate in the public streets or thoroughfares for the purpose of placing therein main or lateral pipes or conduits, such person, firm, or corporation shall make application in writing and obtain a permit from the Public Works Department not less than forty-eight hours in advance of said excavation, except in case of accident or emergency, in which case written notice shall be given within twenty-four hours after any such opening; provided, however, that if said notice cannot be given because the Public Works Department is closed, then written notice shall be given within eight hours after the Public Works Department is open for business.

B. The application for the permit shall give the names of the streets in which trenches are to be opened and names of the cross streets between which said trenches are to be made.

C. Permits to excavate in streets paved less than five years before the date of application for a permit shall be granted subject to the following conditions:

1. If a street has been paved less than two years before the date of the application for a permit to excavate in said street, excavation shall be allowed only upon proof that such excavation is necessary due to an emergency that demands immediate action to preserve life, health or property.

2. If a street has been paved two years or more but less than five years before the date of the application for a permit to excavate in said street, excavation shall be allowed only for the reason set forth in subsection C. 1 above or upon a showing that the adverse impact on the user of the facility for whom the excavation is performed outweighs the harm to the public that would result from the excavation of the street.

3. Regardless of the age of the pavement, the following reasons for excavating a street are hereby deemed to be circumstances under which the adverse impact from failure to excavate outweighs the harm to the public from excavation: to mitigate any interruption of essential utility service; to provide new lateral service connections; or to perform work that is mandated by City, state or federal legislation.

D. A permit fee will be charged in accordance with the public works master fee schedule, as adopted by resolution of the City Council, for each permit issued hereunder, except, however, that such fee shall not be charged against any entity exempt by law from the payment of such fees. Engineering fees will be as set forth in the public works master fee schedule.

E. Any entity excavating in a street which has been paved less than five years from the date of the permit application shall either resurface the area in the manner and to the extent set forth in the regulations promulgated by the Director of Public Works hereunder or, at the discretion of the Director of Public Works, pay fees in lieu of such resurfacing. Said fees shall be based upon the estimated cost to the City to perform such resurfacing work in accordance with the regulations, and shall be as set forth in the public works master fee schedule. (Ord. 6207-NS § 2, 1993: Ord. 5937-NS § 1, 1989: Ord. 5479-NS § 1, 1982: Ord. 5357-NS § 1, 1981: Ord. 5276-NS § 1, 1980: Ord. 5174-NS § 1, 1979: Ord. 5075-NS § 1, 1978: Ord. 4759-NS § 1, 1975: Ord. 4363-NS § 2, 1968)