Ord #296 Streets, sidewalks and other public places amendment

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