Ord 1820 - Amending Article III of Chapter 6 Relating to Excavations in New Pavement

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ORDINANCE 1820 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE III OF CHAPTER 6 RELATING TO EXCAVATIONS IN NEW PAVEMENT THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Section 26.24.5 of Article III of Chapter 26 is hereby enacted and added to the Los Gatos Town Code to read as follows: SECTION 26.24.5. Excavations in New Pavement. No permit shall be issued to any private contractor or utility company contractor which would permit an excavation, or pavement cut, in a pavement less than three (3) years old unless the applicant can demonstrate clearly to the Town Engineer that the public health and safety require that the contemplated work be permitted. This prohibition shall not apply to public agencies or public utilities when repairs must be made to failed pipelines and conduits, or when a new connection, which could not have been anticipated, must be made. If a permit is issued to open any pavement, which is less than three (3) years old, an additional charge shall be made for such opening; provided, however, that such charge may be waived by the Town's Engineer when a public agency or public utility can demonstrate to the satisfaction of the Town Engineer that the pavement opening is occasioned by circumstances beyond its control. The additional charge shall be five percent (5 %) of the regular construction encroachment permit fee for each remaining month, or fraction thereof, of the three -year restricted period.