Commerce Municipal Code Ch. 12.05 Establishing Regulations of Street Cuts on Newly Paved Streets

(a) Regulations. On a paved, constructed, reconstructed or resurfaced street, the pavement surface shall not be cut or opened for a period of five years upon completion and acceptance by city council. On a slurry sealed street, the pavement surface shall not be cut or opened for a period of two years upon completion and acceptance by city council.

(b) Exemptions. The director of public works, in consultation with the city engineer the city's contract engineer, may grant exemptions to the regulations imposed in subsection (1) of this section under the following circumstances:

(1) For emergencies which endanger life or property or interrupt essential utility service, as determined by the director of public works, in consultation with the city engineer or the city's contract engineer;

(2) For work that is mandated by city, county, state or federal laws;

(3) Where no other reasonable means of providing service exists to a building, as determined by the director of public works, in consultation with the city engineer or the city's contract engineer;

(4) For any public utility possessing a franchise from the city and acting in accordance with the said franchise; or

(5) For other situations deemed by the director of public works, in consultation with the city engineer or the city's contract engineer, to be in the public interest of the city.

(c) Imposition of Conditions when Granting an Exemption, Including Requirement to Repave. When granting an exemption to this regulation, the director of public works, in consultation with the city engineer or the city's contract engineer, may impose conditions to ensure the rapid and complete restoration of the street and street paving.

(1) Repaving may include street grinding, base and sub-base repairs, restoration of pavement markings, and other related work, as determined by the director of public works, in consultation with the city engineer or the city's contract engineer, or the city engineer, and may include up to the full-width street paving of the roadway.

(2) Any person who is required to repave a street shall obtain an encroachment permit and shall be responsible for the full cost of a plan preparation, plan review, construction inspection, material testing, bonding, and all other expenses related to the work.

(3) Repaving shall be completed pursuant to the City of Commerce's requirements. For concrete streets, repaving shall be from joint to joint of Portland cement concrete pavement.

(4) Pavement improvements shall be completed within thirty calendar days of the completion of the work or project that required the pavement cut. If the director of public works, in consultation with the city engineer or the city's contract engineer, determines that restoration of the street is not appropriate at a particular time for reasons relating to weather or other short-term factors, the director of public works, in consultation with the city engineer or the city's contract engineer, or the city engineer, may order a postponement until proper conditions allow for restoration work.

(Ord. No. 751, § 2, 5-5-2020)

It shall be unlawful for any person to trench, cut, dig, make or cause any cut or excavation in any city streets without a permit and in violation of this chapter.

(Ord. No. 751, § 2, 5-5-2020)