§ 26-32. Excavations affecting underground utilities.

(a)

The definitions set out in G.S. 87-101 are hereby adopted as a part of this section.

(b)

No person shall undertake or make an excavation in any highway, public space or private easement of a utility owner in such a manner as to endanger, injure or damage any underground utility. For the purposes of this section, the failure to comply with G.S. 87-102 and G.S. 87-104 shall be considered endangerment of underground utilities.

(c)

Any person excavating in any highway, public space or private easement of a utility owner shall take reasonable steps to protect any underground utility lines when excavating within 30 inches of either side of the outside edges of the marked location of a utility owner's underground utility as referenced in G.S. 87-101(5). This protection shall include hand-digging, air-jetting or vacuum excavation, or other means of safe excavation designed to avoid damage to the utility marked until the utility is exposed or is determined to be below the proposed excavation. Where a proposed excavation lies adjacent and/or parallel to an existing utility and within or partially within the tolerance zone, the existing utility shall be exposed by the methods in this subsection prior to beginning the excavation. Once the utility is exposed and the location markings are found to be correct, the excavation may proceed with mechanized equipment.

(d)

Any person may assert as an affirmative defense to a violation of this section that a utility owner failed to identify the location of an underground utility after being notified in accordance with G.S. 87-102, or a utility owner otherwise failed to properly locate an underground utility after being so notified.

(Ord. of 12-14-1999(1), § 1)