a. Permission to excavate or cut in new streets shall not be granted, and no street cut permit shall be issued, for five (5) years after completion of street construction, reconstruction, renovation, or major rehabilitation, including a pavement overlay. Utility companies shall determine alternate methods of making necessary repairs to avoid excavating in new streets. Exceptions to the above are as follows:

b. In the event an exception is granted by the Department pursuant to subsection (a) of this section, a condition of such street cut permit for excavating or cutting the pavement of a street within such five (5) years after construction, reconstruction or renovation shall be that the permittee reconstruct such street completely rebuilding, by removing all the pavement structure and replacing in kind for a minimum of the full width of all lanes impacted by the cut(s) (outside lane includes to the curb) and extending forty (40') feet longitudinally from the excavation, in each direction, or for longitudinal trenches of varying lengths, the required limits of reconstruction would equal the length of the longitudinal trench plus an additional width to complete the driving lane and forty (40') feet from beginning and end of longitudinal trench or as may be designated by the City Engineer. For recently renovated streets that were sealed or received some other similar surface, nonstructural treatment, the City Engineer may allow the permittee to restore the street to its former condition by resurfacing the street to the same extent as was performed by the City. Alternatively, a permittee may choose to pay the cost equivalent to make such repair as will be estimated by the City Engineer, in lieu of reconstruction of the trench area to be rebuilt pursuant to guidelines herein. All permits which are issued pursuant to this chapter shall be in accordance with the City of Clearlake design and construction standards and as specifically directed by the City Engineer/designee. Prior to issuing a permit for performing the utility work and replacing the pavement structure the City will determine the existing pavement structure and note it on the permit.

c. If an excavation is made smaller than one (1) square foot, the City Engineer may authorize repairs less than full reconstruction and no pavement damage restoration fee will be required to be paid by permittee. This exception does not apply when there is more than one (1) pothole or in other situations where full restoration is deemed necessary by the City Engineer.

d. The City will develop and maintain a capital improvement plan (CIP) that identifies all new pavement projects that are planned to be designed and constructed over a five (5) year period. This CIP will be subject to modification by City Council biannually. Utility companies will be encouraged to participate in the development of the City’s CIP and will be expected to share their future construction plans that will affect streets in City rights-of-way. (Ord. #238-2020, S2)