HomeMy WebLinkAboutOrd #296 Streets, sidewalks and other public places amendment ORDINANCE NO. 296
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE V, CHAPTER 18 OF THE CITY
CODE CONCERNING STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
SECTION 1. Orono City Code Title III, Chapter 18, Article I, Sections 18-1 to 18-10 is
amended by adding the underlined language and deleting the strikethrough language as follows:
Chapter 18 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES'
ARTICLE I. IN GENERAL
Sec. 18-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Corner means the point of intersection of the extension of lines of two public or private
curb faces or the edges of the street pavement or shoulders.
Curb cut means the opening along a street curb line or pavement edge for the purpose of
motor vehicle ingress and egress from a roadway. Curb cut width shall include the width of the
driveway approach and of the curb returns, if any.
Curb return means that portion of a curb next to a driveway approach which includes the
radius or curvature or the ramp-type lug on commercial or industrial type pavements and which
connects the driveway approach to the public or private road curb.
Driveway means a paved or otherwise delineated area on private property for the operation
of automobiles and other vehicles.
Driveway approach means a paved or otherwise delineated area on the right-of-way between the
roadway of a public or private road and private property, intended to provide ingress and egress
for vehicles from a private or public road to private property. A driveway approach must provide
access to a parking area, a driveway, a door intended and used for the entrance of vehicles, or
other similar structure or facility. Driveway approaches shall be of two classes:
(1) Business driveway approach means a driveway approach from any public right of way
providing motor vehicles with ingress and egress from the public or private road to any
property other than a single family dwelling.
right of way providing ingress and egress for motor vehicles from the public or private
road to n s n le family residentia di ell ng
Driveway turnaround means a paved or otherwise clearly delineated area which is part of or
connected to a driveway or driveway approach, on private property, sufficient in size for an
Degradation means a decrease in the useful life of the right-of-way caused by excavation
in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way
earlier than would be required if the excavation or disturbance did not occur.
Encroachment Agreement means an agreement between the City and a property owner
that allows placement of an obstruction or structure in public right-of-way, as defined in this
Section.
Excavate or Excavation means to dig into or in any way remove or physically disturb or
penetrate any public right-of-way paved or ground surface, or any portion thereof.
Facility or Facilities means anything tangible, including equipment, which is required to
provide utility services.
Frontage means the lot line abutting a public or private street.
Obstruct or Obstruction means to place or the placement of any object in a public right-
of-way, or to remove or the removal of an existing structure, or any portion thereof, from a
public right-of-way that interferes with the free use of the public right-of-way.
Parcel of land means a lot or contiguous lots or a tract officially registered under one
ownership.
Patch or Patching means a method of roadway surface replacement or restoration that
consists of: (1) the compaction of the sub-base and aggregate base; and(2) the replacement, in
kind, of the existing roadway surface for a minimum of two feet beyond the edges of the
defined excavation in all directions.
Private road means the entire area dedicated to private use or contained in a plat, an
easement or other conveyance, grant or by adverse possession and includes but is not limited to
roadways,boulevards, sidewalks, trails and other property between lateral property lines in
which a private roadway lies.
Public road means the entire area dedicated to public use, or contained in a plat, an
easement or other conveyance, grant or by adverse possession, to the city or other governmental
body, and shall include but is not limited to roadways, boulevards, sidewalks, trails, alleys and
other public property between lateral property lines in which a public roadway lies. Where
traveled public roadways exist in a location not shown on the platting map, the right-of-way shall
not be less than ten feet wide on each side of the actual paved or traveled roadway surface.
"Public right-of-way" means the area on, below, or above a public roadway, highway,
street, cartway, bicycle lane, and public sidewalk in which the local government unit has an
interest, including other dedicated rights-of-way for travel purposes and utility easements of
local government units.
Utility Service means services provided by: (l) a public utility as defined in Minnesota
Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm
communications,water, sewer, electricity, light,heat, cooling energy, or power services
including wind generation; (3) a corporation organized for the purposes set forth in Minnesota
Statutes; (4) a district heating or cooling system; or (5) a cable communication system as
defined in Minnesota Statutes.
Sec. 18-2. Obstructions.
It is a misdemeanor for any person to place, deposit, display or offer for sale any fence,
goods or other obstructions upon, over, across or under any street or private road without first
having obtained a written permit from the city, and then only in compliance in all respects with
the terms and conditions of such peiiiiit, and taking precautionary measures for the protection of
the public. An electrical cord or device of any kind is included, but not by way of limitation,
within the definition of an obstruction. This shall not apply to the actions of any city, county, or
state road authorities, their agents, employees, contractors, and utilities in carrying out their
duties imposed by law or contract. Sec 18-3. Visibility Triangle—Street/Roadway
Intersections.
Except for a governmental agency for the purposes of screening or noise attenuation,
visibility at corner lots where two or more streets/roadways intersect shall be unobstructed
between a height of three and one-half feet and eight feet above grade (as measured along the
elevation of the lowest abutting segment of street/roadway), within a triangular area described
as beginning at a point where the projected curb lines (or projected road bed lines including
any shoulder in the absence of curbing) intersect, thence 30 feet along one street/roadway,
thence diagonally to a point 30 feet from the point of beginning along the other street/roadway.
The exception to the regulations in this subsection shall be where there are plantings and/or
other features within the visibility triangle that do not result in obstructions totaling more than
three feet in width. Nothing in this subsection authorizes the use of public right-of-way for
installation of fencing, walls, plantings, or other features. The regulations contained in this
I II !
j'-Right-of-way--sj
Lot Line-->I
Curb, ./
Projected Curb Line
Street
30'
1 [/X4_Siht visibility triangle
I I
Street j
Section shall not apply to conditions that legally existed prior to the effective date of this
Chapter unless the City, or the County or State transportation department, determines that such
conditions constitute a traffic safety hazard.
Sec. 18-34. Fires.
It is a misdemeanor for any person to build or maintain a fire upon a street or private road.
Sec. 18-45. Signs and other structures.
It is a misdemeanor for any person to place or maintain a sign, advertisement or other
structure in any street or the right-of-way of any private city road.
Sec. 18-56. Placing snow or ice in a roadway.
It is a misdemeanor for any person, not acting under a specific contract with the city or
without special permission from the city, to remove snow or ice from private property and place
it in the roadway of any street or private road.
Sec. 18-67. Curb ,=str-e t and sidewalk painting or ealefin-g Roadway tampering.
It is unlawful a misdemeanor for any person to deface,paint, mar, damage, or tamper with
any structure, work, material, equipment, tools, signs, markers, si ng_als,paving,guardrails, drains
or any other highway appurtenance on or along any street, sidewalk or right-of-way paint, letter
or color any street, sidewalk or curb and gutter for advertising purposes, or to paint or color any
street, sidewalk or curb and gutter for any purpose, except as such work may be done by city
employees acting within the course or scope of their employment. This provision shall not apply
to sidewalk maintenance and repair activities under section 18-7 uniformly coloring concrete or
other surfacing, or uniformly painted house numbers, as such coloring may be approved by the
city.
Sec. 18-78. Public sidewalk maintenance and repair.
(a) Primary responsibility. It is the primary responsibility of the owner of property upon which
there is abutting any public sidewalk to keep and maintain such sidewalk in safe and
serviceable condition.
(b) Construction, reconstruction and repair specifications. All construction, reconstruction or
repair of public sidewalks shall be done in strict accordance with specifications on file in the
city offices.
.
(a) Duty of owner or occupant.
(1) The owner or occupant of every occupied property and every house or other building
shall place on such building the proper street number as required by the building code.
(b) Assignment of numbers. The city shall assign numbers in accordance with the standard plan
(c) Unlawful act. It is a misdemeanor for any person to fail to comply with the provisions of
subsection(a) of this section or to post numbers other than the correct city assigned
numbers. If the property owner fails to comply with the requirements of this section, the city
may erect a sign adjacent to the street on which the number is stated or affixed, and upon
completion ascertain the cost and certify the cost to the county auditor to be collected as any
other special assessment.
18.9. Encroachment in Public Easements.
Placement of any structure in public rights-of-way or on City property must comply
with Section 78 of the Zoning Ordinance. Placement of structures that have a foundation is
prohibited in a public easement,unless the structure is exempted under Section 78 of the
Zoning Ordinance. The erection or placement of a structure without a foundation in a public
easement requires an encroachment agreement application together with Council approval. The
application shall include a written request for the encroachment(s), a description of the
proposed structure or obstruction, a plan, drawing, or sketch that shows the proposed structure
of obstruction, as well as the location of the easement(s) affected, and payment of an
application fee as specified in Fee Schedule of the City Code. Applications shall be submitted
to the City Engineer. Upon receipt of a completed application, the City Engineer will review
the application and will consider factors such as the type and use of the existing easement(s),
as well as the type and use of the proposed structure or obstruction, when making a decision to
recommend approval or denial of the requested encroachment. If an approval recommendation
is made, the applicant will be required to sign an Encroachment Agreement, prepared by the
City, before the City Engineer's recommendation is forwarded to the Council for consideration.
If the Encroachment Agreement is approved by the Council, the Encroachment Agreement will
be executed and recorded against the subject property of record.
18.10 Public Right of Way Vacation.
A. Reservation of Right. If the City vacates a public right-of-way which contains the equipment
or facilities of a public right-of-way user and the vacation does not require the relocation of the
equipment or facilities, the City shall reserve, to and for itself and the public right-of-way user,
the right to install, maintain and operate any equipment and facilities in the vacated public
right-of-way and to enter upon such public right-of-way at any time for the purpose of
reconstruction, inspecting, maintaining or repairing the same, in accordance with Minnesota
Rule 7819.3200.
B. Relocation offacilities. If the vacation requires the relocation of the public right-of-way
user's equipment or facility, and the vacation proceedings are initiated by the public right-of-
way user or the City for a public project,the public right-of-way user shall pay the relocation
costs. If the vacation proceedings are initiated by a person or persons other than the public
right-of-way user or the City, the initiating person or persons shall pay the relocation costs.
C. Administration—Vacation of Right-of-Way and Easements. The City Council may vacate
the easement by resolution on its own motion or on petition of a majority of the owners of land
abutting on the street, alley,public grounds,public way, easement, or part thereof to be
vacated.
1. Procedure. A request for vacation of a right-of-way or easement shall be filed in writing
with the City. In the case of a request for vacation of a right-of-way or easement, the written
request shall be signed by a majority of the landowners directly abutting such right-of-way or
easement.
2. Filing. A written request to vacate a right-of-way or an easement shall be accompanied by
the following:
a. Information, both written and graphic, that describe the reason for, and location of, the
proposed vacation;
b. A fee as set forth in the Fee Schedule;
c. For requests involving the vacation of right-of-way, the applicant shall submit the addresses
of all properties directly abutting the right-of-way to be vacated; and
d. For requests involving the vacation of an easement,the applicant shall submit a legal
description of the area to be vacated.
3. Public Hearing Required.
a. Upon receipt of a complete vacation request, the City shall set a public hearing following
proper notification.
b. Notice of said hearing shall be published once in the official newspaper at least fourteen
calendar days prior to the hearing, and shall be mailed at least ten calendar days prior to the
hearing to all landowners of property directly abutting the area to be vacated and to all utility
companies serving the area. When platted streets are vacated, notice must be sent to all owners
or occupants of the land within the platted area. The notice will contain, at minimum, a copy of
the petition or proposed resolution as well as the time, place, and date of the hearing.
c. If a street is to be vacated and any part of it terminates at, abuts on, or is adjacent to any
public water, written notice will be served by certified mail upon the Commissioner of Natural
resources at least 60 days before the public hearing. The City will consult with the
commissioner at least 15 days prior to convening the public hearing to review the proposed
vacation and will document the consultation. The City will address the concerns raised in the
commissioner's evaluation in its formal findings of fact granting or denying the vacation.
d. The City Staff shall prepare technical reports where appropriate, and provide general
assistance in preparing a recommendation of the action to the Council.
4. Council Action.
a. The Council shall consider possible adverse effects of the requested vacation. In order to
grant a vacation, the Council must find that the vacation is in the interest of the public. A
determination that the vacation is in the interest of the public shall be based upon (but not
limited to) the following factors:
1. The proposed action has been considered in relation to the specific policies and provisions
of and has been found to be consistent with the City's Comprehensive Plan, including public
facilities and capital improvement plans.
2. The proposed action meets the purpose and intent of this Chapter.
3. The proposed action has been considered in relation to the future needs of the City, utility
companies and surrounding property owners.
b. The Council and City staff shall have the authority to request additional information from
the applicant or to retain expert testimony with the consent and at the expense of the applicant,
said information to be declared necessary to establish performance conditions in relation to all
pertinent sections of this Chapter.
c. The applicant or a representative thereof may appear before the Council in order to present
information and answer questions concerning the proposed request.
d. Upon receiving the report and recommendation of the City staff, the Council shall conduct
the public hearing in a manner that allows members of the public a chance to speak and be
heard.
e. The Council shall render its decision by adopting a resolution either granting or denying the
vacation. The resolution shall include the city's reasons for granting or denying the vacation
and include detailed findings of fact. The staff recommendation shall be entered in and made
part of the permanent written record of the Council meeting.
f. When there has been a petition for vacation, approval of a right-of-way or easement
vacation shall require passage by a majority vote of the entire Council. When there has been no
petition,the resolution must be adopted by a vote of four-fifths of all members of the City
Council.
g. Whenever an application for a right-of-way or easement vacation has been considered and
denied by the Council, a similar application for a vacation shall not be considered again by the
Council for at least six months from the date of its denial.
5. Notice of Completion. After a resolution granting a vacation is adopted, the City Clerk shall
prepare a notice of completion of the proceedings in accordance with the requirements under
Minn. Stat. § 412.8 51.
SECTION 2. Orono City Code Title III, Chapter 18, Article III, Sections 18-76 to
18-139 is amended by adding the underlined language and deleting the strikethrough language as
follows:
ARTICLE HI. CONSTRUCTION, REPAIR AND IMPROVEMENTS OF PUBLIC
ROADWAY SURFACING, SIDEWALKS, CURB AND GUTTER,DRIVEWAY APRONS OR
CURB CUTS
DIVISION 1. GENERALLY
Sec. 18-76. Methods of procedure.
Abutting or affected property owners may contract for, construct or reconstruct roadway
surfacing, sidewalk or curb and gutter, driveway, driveway turnaround, driveway approaches or
curb cuts in accordance with this article.
The city shall inspect such improvements as deemed necessary or advisable. Any work not
done according to the applicable specifications and standards shall be removed and corrected at
the expense of the permit holder.And-Wef -dene-under this-artiel ay be stopped by the city i f
All construction and reconstruction of may surfacing, sidewalk, driveway, driveway
turnaround, curb and gutter improvements, including curb cuts and driveway approaches, shall
be strictly in accordance with specifications and standards on file in the office of the city, and
city but shall be uniformly enforced.
All work done under a permit issued in compliance with this article shall be under the
rules, regulations and specifications with respect to materials for and method of construction of a
sidewalk, curb and gutter, driveway, driveway approach, driveway turnaround, curb cut,
roadway surfacing or private improvement in any road or other public property in the city that
regulations shall be kept on file with the city clerk.
sidewalk, curb and gutter, driveway, driveway turnaround, driveway approach, curb cuts,
roadway surfacing or private improvement in any road or public property in the city shall be
referred by the building inspector to the public services director for his approval before a
building permit shall be issued.
Sec. 18-8477. Construction requirements generally.
In addition to the rules, regulations and specifications as outlined in this article by the public
services director with respect to the improvements listed in this article, the following
requirements shall be complied with when work is done under the provisions of this article:
(1) All driveway approaches shall intersect the road pavement at an angle to be approved
by the public services director based upon the physical characteristics of the public
road, driveway approach and the parcel of land being accessed. Such angle shall be as
close as is reasonably practical, in the judgment of the public services director, to a
right angle to the pavement of the public road.
(2) No curb cuts shall be made in such a way that the curb return extends beyond any
property line as projected, except when consented to, in writing,by the adjoining
property owner involved. This consent, if necessary, shall be submitted to the public
services director prior to the issuance of a permit.
(3) The top of the paving of the driveway approach slab at the curbline shall be 15/8 inches
above the flowline of the gutter, and shall not extend into the gutter beyond the face of
the curb or beyond the gutter line, and shall not be constructed in a manner that will in
any way interfere with the use of the road for the purpose of travel or maintenance. The
constructed road shall not be excavated in the process of constructing the driveway
unless previous approval, in writing, has been granted by the public services director.
(4) Driveway culverts shall be provided and installed by the owner as required by the
public services director Public Works Superintendent or City Engineer.
(5) Driveways shall not be constructed over curb stops, catchbasins or other structures, if
at all possible. If there is no other feasible location for the driveway, it shall be the
responsibility of the applicant to set the curb stop, catchbasin cover, or any other
structures flush with the final driveway surface.
(6) The owner and contractor shall protect the public from injury or damage during the
construction of the sidewalk, curb and gutter, driveway, driveway approach, driveway
turnaround, curb cuts, roadway surfacing or private improvement in any street or
public property in the city; and any permit issued pursuant to this article shall contain
the agreement of the applicant that the city shall not be liable for damage which may
arise from the result of work, and that the applicant will hold the city harmless for any
liability incurred by the city as a result of such activity.
(7) Trees or shrubs shall not be placed adjacent to a driveway so as to constitute a sight
distance problem.
(8) If a parcel of land has frontage on both a cul de sac portion and a lead in portion of the
public road, the driveway shall be constructed off the lead in portion of the road and
not the cul de sac.
Secs. 18-8278-18-1035. Reserved.
DIVISION 2. PERMIT
Sec. 18_1 06. 7?equired.
It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway,
driveway approach, driveway turnaround, curb cut, roadway surfacing or any other private
improvement in any road or other property in the city without a permit in writing from the city.
Application for a permit required in this division shall be made on forms approved and
provided by the city and ,
installed by the council. Such application shall also contain information showing the type of
construction,the width and the location of an improvement on the parcel of land, and the lot and
block number or the parcel number and the street and house number and a profile of the
proposed improvement, if necessary, and other such information as may be required by the
public services director. The application shall be filed by the property owners desiring to
curb cut, roadway surfacing or private improvements in any road or any property in the city, or
by his duly authorized agent. All such applications shall contain an agreement by the applicant to
be bound by this article.
A permit from the city under this division shall not relieve the holder from damages to the
person or property of another caused by such work.
Sec. 1 4 109. I s sJ u an c\
A permit required in this division shall be issued by the public services director, if he has
determined that the applicant has complied with the terms of this article, the permit fee has been
turnaround, sidewalk, curb and gutter, curb cuts,roadway surfacing or private improvement in
any road or public property in the city as requested or with stipulated changes. The public
services director shall have the authority to refuse to issue a permit when, in the judgment of the
public services director, the requested construction would impose an unreasonable hazard to the
public. There is no administrative appeal from the decision of the director.
(Code 1984, §§ 6.05(3), 6.06(3))
Sec. 18 110. Permit fees.
be as set forth by resolution.
Sec. 18 111. Revocation.
(a) A permit issued under the provisions of this division may be revoked by the public services
director when he determines nth�at�the construction}n or activity authorized by the permit is not
ng p be rformed rr accorr�in LZ the to T��1th permit or this.division
the city council; and the city shall have the right to revise, relocate or close any sidewalk,
curb and gutter, driveway, driveway approach, driveway turnaround, curb cut or private
improvement in any road or other property in the city as the result of the reconstruction of
any road, a change in land use, or a major change in the traffic pattern of an existing land
use.
(c) Notice of such revocation, with a description of the facts supporting such revocation, shall
be mailed or delivered to the person named in the permit at the address listed in the permit.
(d) All work shall cease upon receipt of the notice of revocation.
(e) [Reserved.]
Secs. 18 112 18 135. Reserved.
DIVISION 3. DRIVEWAY CONNECTION STANDARDS
Sec. 18-136. Residential driveways connections, approaches and turnaround.
(a) One driveway approach shall be allowed from up to two single residential parcels of land to
the same road,provided that appropriate easements exist between parties sharing the
driveway and driveway approach. Parcels having frontage on more than one public road
shall be allowed a driveway approach to one public road.
(a) Residential driveway approach shall not exceed 20 feet in width at the intersected right-of-
way line.
eb The total width of drivewayapproaches to upto two singleparcels of land from a single
( ) pP g g
road shall not exceed 20 feet.
(de) A curb cut shall not exceed the width of the driveway approach at the property line by more
than ten feet.
(ed) No portion of a driveway approach, except the curb return, shall be constructed within 1-00
30 feet of a corner where feasible.
(fe) For residences constructed after July 25, 1986, the Driveway approaches and that part of the
driveway and turnarounds which drain to the road shall be paved with bituminous concrete
blacktop or equivalent paving. Where it has been determined by the city's public service
director that driveway and/or driveway approach existing on July 25, 1986, is causing a
1„1'Tiaintenanc m or, the road, incl „t r.- ted to the washing of dirt and
gravel into the road, the public services director shall order that the property owner pave
such portion of the driveway and/or driveway approach as is necessary to remove the
maintenance problem. Portland cement concrete will only be allowed from the driveway up
to the public right of way. This requirement shall not be construed to reduce paving
otherwise required by performance standards in chapter 78 or required as a condition to the
granting of a conditional use permit, lot division, subdivision or as designated in the
approved site plan.
(g) Driveway turnarounds shall be required on all driveways or driveway approaches entering
plan, and on all entrances to public roads within the city where deemed necessary by the
public services director, based on traffic counts, sight distances, street grades and other
relevant factors. If a driveway turnaround is required by the public services director, such
requirement shall be stated on any permit issued by him pursuant to this article.
(f) Visibility from driveways to a local or collector street shall be unobstructed between a
height of three and one-half feet and eight feet above grade (as measured along
the driveway elevation), within triangular areas described as beginning at the point
where driveway edges meet the street curb (or street pavement in the absence of a curb),
thence 15 feet along the driveway edge, thence diagonally to a point 15 feet from the point
of beginning along the street curb (or edge of street pavement in the absence of a curb).
The owner of the property where any fence, wall,tree, shrubbery,vegetation, or other
feature is proposed shall keep such obstructions out of the visibility triangles for
their driveway and out of the visibility triangle for driveways on directly-abutting
properties. The exception to the regulations in this subsection shall be where there is a
mailbox and/or plantings within the visibility triangle that do not result in obstructions
House i House House I (57
o
Driveway Driveway J Driveway I
I ' I
- -_ � I -_.._.. __......_. .... . --....... .._..... ._....._ _.
374
. 15. Sight visibility triangle— 3.
Local or Collector Street 2.
Curb
totaling more than three feet in width. Nothing in this subsection authorizes the use of
public right-of-way for installation of fencing, walls, or plantings. The regulations
contained in this Section shall not apply to conditions that legally existed prior to the
effective date of this Chapter unless the City determines that such conditions constitute a
traffic safety hazard.
Sec. 18-137. Business driveways connections, approaches and turnarounds.
(a)
driveways are approved by the city, or approved as part of the site plan review. The
business driveway approach shall not exceed the width of the access road or 32 feet at the
property line,whichever is less, in a business or industrial district. The curb cut shall not
exceed the width of the driveway approach at the property line by more than 20 feet unless
approved as part of a site plan. In a residential district, the curb cut shall not exceed the
width of the driveway approach at the property line by more than ten feet unless approved
as part of the site plan.
(b) All business driveways and driveway approaches shall be paved with asphaltic concrete or
equivalent material. Portland cement concrete will only be allowed outside of the public
road right of way.
(c) Loading docks, ramps and vehicular entrances shall be located in such a manner that
manner that driveways greater in width than that specified by this article shall not be
required.
(dc) No portion of a driveway approach, except the curb return, shall be constructed within 100
feet of a corner in a business, commercial or industrial area, or within 100 feet of a corner in
a residential district.
(ed) Driveway turnarounds shall be required on all driveways or driveway approaches entering
onto a state highway, county road or a collector roadway and on all entrances to roads
within the city where deemed necessary by the public services director City Engineer based
upon traffic counts, sight distances, street grades and other relevant factors. Such
requirements shall be stated on any peiliiit issued by the public services director City
Engineer pursuant to this article.
(f) Driveways must be ten feet from the side property line of a parcel of land unless the
driveway is shared by two parcels of land.
Sec. 18-138. Maintenance and removal.
(a) Every driveway approach or entrance to abutting property shall be maintained and kept in a
safe condition by the owner of the abutting property or by the homeowners' association; and
any such driveway approach which shall not be so maintained and kept in a safe condition
or which shall interfere with or obstruct the drainage carried by the adjoining road or
interfere with or obstruct the use of the adjoining road for purposes of travel shall be
repaired to conform with the specifications of this article and the city's requirements, or it
shall be removed by the owner of the abutting property or the homeowners' association.
(b) Upon removal of such driveway approach, that portion of the street or right-of-way
occupied by the owner or homeowners' association shall be restored to its former condition;
and all curbing shall be replaced to its former condition by the owner or homeowners'
association of the abutting property at their expense. If s„c .-emoval and restoration is not
accomplished within ten days of the receipt by the abutting property owner of written notice
of the city to remove the driveway approach and restore the road, curbing and right of way
to its former condition, the city shall remove the driveway approach and restore the road,
curbing and right of way and assess the cost of such removal and restoration against the
Sec. 18-139. Regulatory signs.
The city shall require the erection of regulatory signs adjacent to a driveway serving two or
more parcels of land, at its intersection with a road. The sign shall be purchased, erected and
maintained by the property owner. If the property owner does not have the sign erected within a
reasonable length of time, the city shall erect the sign and bill the property owner for all costs.
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.
SECTION 4. Orono City Code Title III, Chapter 18, Article V, Sections 18-236 to 238 is
amended by adding the underlined language and deleting the strikethrough language as follows:
ARTICLE V. VEGETATION
Sec. 18-236. City to control tree planting(standards).
The city shall have control and supervision of planting shrubs and trees upon or
overhanging all streets or other public property. The city may establish and enforce uniform
standards relating to the species and types of trees to be planted, their placement, maintenance
and removal. Such standards shall be kept on file in the office of the city administrator and may
be revised by action of the council upon the recommendation of the public_service director works
superintendent.
Sec. 18-237. Permit to plant or remove trees.
It is a misdemeanor for any person to plant or remove any tree upon within the city right of
way or overhanging streets without first procuring from the city a permit in writing to do so.
Sec. 18-238.Duty of property owners to cut grass and weeds and maintain trees and
shrubs.
(a) Every owner of property abutting on any street shall cause the grass and weeds to be cut
from the line of such property nearest to such street to the center of such street. If the grass
or weeds in such a place attain a height in excess of six eight inches, it shall be prima facie
evidence of a failure to comply with this section. Every owner of property abutting on any
street shall, subject to the provisions in this article requiring a permit, trim, cut, remove and
otherwise maintain all trees and shrubs in unhazardous and healthy condition, from the line
of such property nearest to such street to the center of the street.
(b) Managed natural landscapes are allowed in accordance with state statute 412.925. They are
defined as a planned, intentional, and maintained planting of native or nonnative grasses,
wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow
vegetation, and ornamental plants. Managed natural landscapes do not include turf-grass
lawns left unattended for the purpose of returning to a natural state
(hc) The city may in cases of failure to comply with this article, perform such work, keeping an
accurate account of the cost for each lot,piece or parcel of land abutting upon such street.
(sd) If maintenance work described in subsection (ch) of this section is performed by the city,
the public works superintendent city clerk shall forthwith upon completion of the work
ascertain the cost attributable to each lot,piece or parcel of abutting land. The public works
superintendent city clerk shall send a statement to the abutting property owner and, if the
amount remains unpaid for 15 days, present a certificate to the council and obtain its
approval. When such certificate has been approved, it shall be extended as to the cost as a
special assessment against such abutting land; and such special assessment shall at the time
of certifying taxes to the county auditor be certified for collection as other special
assessments are certified and collected.
SECTION 5. This ordinance shall become effective immediately upon its
passage and publication.
ADOPTED this 26 day of February, 2024 by the City Council of the City of
Orono,Minnesota.
CITY OF ORONO
1) 'B 11011
Y:
Dennis Walsh, Mayor
ATTEST:
di ,
Chriian, •L► Clerk
SUMMARY PUBLICATION
ORDINANCE NO. 296
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE UPDATING THE CITY CODE CONCERNING
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
The City Council of the City of Orono, Minnesota approved updates to three articles of the city
code of ordinances, Title III Streets, Parks and Other Public Property, Chapter 18. These are
updates to standards as well as clarifications to definitions, authorities,permit requirements, and
updates to state statute references. The complete text of this ordinance is available at city hall or
www.oronomn.gov.
CITY OF ORONO
/s/Dennis Walsh, Mayor
Attest:
/s/Christine Lusian, City Clerk