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SECTION 3. Orono City Code Title III, Chapter 18, Article IV, Sections 18-173is <br />amended by adding the underlined language and deleting the strikethrough language as follows: <br />ARTICLE IV. RIGHT-OF-WAY MANAGEMENT <br />2 <br />Sec. 18-173. Permit requirement. <br />(a)Permit required.Except as otherwise provided in this code, no person may obstruct, <br />excavate or install or place any facilities in any right-of-way without first having obtained <br />the appropriate right-of-way permit from the city to do so. <br />(1)Excavation permit.An excavation permit is required to excavate that part of the right- <br />of-way described in such permit and to hinder free and open passage over the specified <br />portion of the right-of-way by placing facilities described therein to the extent and for <br />the duration specified therein. <br />(2)Obstruction permit.An obstruction permit is required to hinder free and open passage <br />over the specified portion of right-of-way by placing equipment described therein on <br />the right-of-way, to the extent and for the duration specified therein. An obstruction <br />permit is not required if a person already possesses a valid excavation permit for the <br />same project. <br />(3)Small wireless facility permit.A small wireless facility permit is required to erect or <br />install a wireless support structure or collocate a small wireless facility, or to otherwise <br />install a small wireless facility in the specified portion of the right-of-way, to the extent <br />specified therein, provided that such permit shall remain in effect for the length of time <br />the facility is in use unless lawfully revoked. <br />(4) Curb cut/driveway connection. A Curb cut permit is required for any new or <br />alteration to an existing curbcut/driveway approach. If the curb cut is part of a <br />building permit a separate Right of way permit is not required. <br />(b)Permit extension.No person may excavate or obstruct or install or place any facilities in the <br />right-of-way beyond the date or dates specified in the permit unless (i) such person makes a <br />supplementary application for another right-of-way permit before the expiration of the <br />initial permit, and (ii) the new permit or permit extension is granted. <br />(c)Delay penalty.In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding <br />subd. b of this section, the city shall establish and impose a delay penalty for unreasonable <br />delays in right-of-way excavation, obstruction, patching, or restoration and in placing new <br />wireless support structures and small wireless facilities. <br />(d)Permit display.Permits issued under this chapter shall be conspicuously displayed or <br />otherwise available at all times at the indicated work site and shall be available for <br />inspection by the city. <br /> <br />59