07-28-2025 - Agenda Packet City Council - regular meeting

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§ 3.04,470 ORONO CODE Sec. 3.04.470. Right-of-way patching and restoration. (a) Timing. The work to be done under the excavation permit, and the patching and restora- tion of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work is prohibited as unseasonal or unreasonable. (b) Patch and restoration. The permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (1) City restoration. If the city restores the right-of-way, the permittee shall pay the costs thereof within 30 days of billing. If, following such restoration, the pavement settles due to the permittee's improper backfilling, the permittee shall pay to the city within 30 days of billing, all costs associated with correcting the defective work. (2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit, post a construction performance bond in accordance with the provisions of Minn. R. 7819.3000. (3) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right- of-way user may elect to pay a degrada- tion fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibili- ties. (c) Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materi- als specified by the city and shall comply with Minn. R. 7819.1100. (d) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permit - tee upon notification from the city shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five calendar days of receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable. (e) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In that event, the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. (Code 2003, § 18-177; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.480. Supplementary applications. (a) Limitations on area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that speci- fied in the permit must be obstructed or excavated must, before working in that greater area, make application for a permit extension and pay any additional fees required thereby, and be granted a new permit or permit extension. (b) Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permit - tee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. (Code 2003, § 18-178; Ord. No. 207(3rd series), § 1, 5-29-2018) CD3:20