Temple City Municipal Code Art. C Street Cutting Moratorium

A. No person or entity shall cut, trench, or otherwise disturb or open the surface of a public street or alley without first obtaining a permit from the City.

B. The City shall not issue a permit to cut, trench, or otherwise disturb or open the surface of a public street or alley that is subject to a moratorium pursuant to subsection C of this section, unless the City Engineer grants an exception pursuant to section 6-1C-1 of this article.

C. A moratorium is imposed on the following:

1. Public streets and alleys that have been paved, constructed, reconstructed, or overlaid to an extent covering at least half the width of the street or alley within the past five (5) years; and

2. Public streets and alleys that have been resurfaced with slurry seal, chip seal, micro surfacing, or other surface seal to an extent covering at least half the width of the street within the past three (3) years. (Ord. 18-1031)

A. The City Engineer is authorized to grant an exception to allow a permit to be issued for a street that is subject to a moratorium pursuant to section 6-1C-0 of this article for the following circumstances:

• 1. Emergency repairs deemed necessary to protect life or property;
• 2. Emergency repairs deemed necessary to prevent interruption of utility service;
• 3. Work that is mandated by City, State, or Federal legislation;

4. Work that is necessary to provide utility service to a property, including when necessary to facilitate the development or redevelopment of the property, and where there is no other reasonable means of providing service; or

5. Other work as deemed necessary by the City Engineer.

B. When granting an exception to a moratorium, the City Engineer may impose conditions upon the permit as deemed necessary and appropriate to return the street or alley to its pre-work condition. Such conditions may include the following:

1. Requiring the method of resurfacing best suited to restore the surface to its pre-work condition, which may include surface grinding and base and sub-base repairs;

2. Requiring resurfacing to be extended beyond the width of the work area, up to and including a full lane width, half-street width, or full street width depending on the area and nature of the work;

3. Requiring resurfacing to be extended beyond the length of the work area up to the width of one or multiple properties, half block length, or full block length depending on the area and nature of the work;

4. Considering multiple individual cuts as one larger combined cut for the purpose of determining the area to be resurfaced;

5. Requiring full restoration of striping and monuments in the resurfaced area;

6. Requiring manhole and valve cover adjustments in the resurfaced area;

7. Requiring the working party to bear the full cost of plan review, construction inspection, material testing, bonding, and all other expenses related to the work;

8. Requiring a delay in the resurfacing work if deemed necessary due to weather or other conditions; and/or

9. Requiring other work as deemed necessary to establish the optimal limits of resurfacing work in furtherance of the following goals: minimizing pavement degradation, maintaining the structural integrity of the street, maintaining a smooth riding surface for all transportation modes, and limiting the visual impact of work and maintaining public perception of street condition. (Ord. 18-1031)