15.32.070 Excavation of Newly Paved Streets.*
The City desires to regulate excavations and pavement cutting of newly constructed, reconstructed, paved, surfaced or resurfaced public rights-of-way by establishing the following regulations:
A. Excavations Prohibited. No excavation or pavement cutting shall be permitted in any public rights-of-way for a period of five (5) years from the date of construction, reconstruction, paving, surfacing, resurfacing or sealing (“pavement improvement”) of the public rights-of-way, except as set forth in subsection (A)(1) of this section:
1. Excavation or pavement cutting may be approved by the City Engineer upon a finding by the City Engineer that such excavation or cutting is allowed due to an emergency or an exception, as set forth below.
a. The City Engineer shall find that a proposed excavation or pavement cutting is allowed due to an emergency if the proposed excavation is necessary to repair or replace underground facilities in order to prevent a disruption of services to customers or prevent injury or damage to life or property.
b. The City Engineer may approve an exception to the prohibition set forth in this subsection (A)(1) if the City Engineer finds that the excavation or cutting is required to provide essential utility services to a property where there are no other reasonable means of providing such services to the property or where the work is mandated by state or federal laws or orders and the excavation cannot be reasonably avoided.
2. In the event of an excavation permitted by subsection (A)(1) of this section, the affected rights-of-way shall be restored in accordance with the pavement excavation restoration standards set forth in Larkspur Municipal Code Section 15.32.075.
B. Pavement Improvement List. The City will maintain a list of all newly constructed, reconstructed, paved, surfaced or resurfaced public rights-of-way. The list and map of the rights-of-way together with the date of completion for each pavement improvement project will be added on the City of Larkspur website. (Ord. 1033 § 2, 2019; Ord. 1001 § 1, 2015)