(1) Except as provided herein, newly surfaced or resurfaced residential streets shall not be cut for three years and newly surfaced or resurfaced arterial or collector streets shall not be cut for five years.

(2) Emergency cuts by the City or Water Commission to protect public health or safety shall be allowed by the City Engineer with no additional permit fees. All other requested emergency cuts may be allowed by the City Engineer if the applicant pays an additional permit fee provided for in the most recent schedule approved by resolution of the City Council. The additional fee requirement applies to anyone making a cut including, but not limited to, the City, the Water Commission and other public and private agencies. The fees shall be deposited in the Street Improvement Fund.

(3) Application for a permit to cut pavement shall be made under Sections 3.040, 3.045 and 3.050 of this Code. The applicant shall restore the surface as prescribed by the City Engineer.

(4) At least 6 months before a street is resurfaced or rebuilt, utilities and abutting property owners shall be notified by mail that the project is planned and cuts will thereafter be limited as provided in this section. If the required notice is not sent to any person, the fees required by subsection (2) shall be waived for that person.