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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />benches; stockpiles; building materials; and other appurtenances or tangible <br />things located in, upon, above, beneath, or across any public right- of -way. <br />"Moratorium <br />street" means <br />a street, alley, and <br />public place that was (a) <br />constructed, <br />reconstructed, <br />or overlaid within the <br />past five (5) years or (b) <br />slurry sealed within the past three (3) years. <br />"Permit" means written authorization from the Director to excavate, encroach <br />upon, or obstruct a public right-of-way in compliance with this section. <br />"Utility" means any person or entity providing electricity, gas, telephone, <br />telecommunications, water, sanitary sewer or other services to customers, <br />and which pursuant to state law or local franchise is entitled to install its <br />facilities in the public right-of-way. <br />B. Moratorium. For streets, alleys, and public places that were <br />constructed, reconstructed, overlaid, or sealed, the following shall apply: <br />1. Non -emergency street excavation is prohibited for a period of five <br />(5) years from the date of notice of completion of street <br />construction, reconstruction, or overlay. <br />2. Non -emergency street excavation prohibited for a period of three <br />(3) years from the date of notice of completion of slurry seal. <br />Utilities shall plan well enough in advance to determine alternate methods for <br />making necessary repairs to avoid excavating newly resurfaced public streets. <br />C. Exceptions. Exceptions to the moratorium may be permitted in the <br />following situations, at the discretion of Director: <br />1. Emergencies that create imminent endangerment of life or <br />property. <br />2. Interruption of essential utility service. <br />3. Work that is mandated by the city, state, or federal law. <br />�3 <br />