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temporary in nature except when the replacement is of pavement included in the city's <br />capital improvement plan, and is scheduled for completion within two years, in which <br />case it is considered full restoration. <br />TRENCH. An excavation in the pavement, with the excavation having a length <br />equal to or greater than the width of the pavement. <br />(Ord. #74, adopted 11/27/2002) <br />§ 93.17 PERMIT REQUIREMENT. <br />(A) Generally. Except as otherwise provided in this code, no person may obstruct or <br />excavate any right-of-way without first having obtained the appropriate permit from the <br />city. <br />(1) Excavation permit. <br />(a) An excavation permit is required to excavate that part of the right-of- <br />way described in the permit and to hinder free and open passage over the specified <br />portion of the right-of-way, to the extent and for the duration specified therein. <br />(b) An obstruction permit is not required if a person already possesses a <br />valid excavation permit for the same project. <br />(2) Obstniction permit. <br />(a) An obstruction permit is required to hinder free and open passage over <br />the specified portion of rights-of-way by placing equipment and/or garbage containers <br />described therein on the rights-of-way, to the extent and for the duration specified <br />therein. <br />(b) An obstruction permit is not required if a person already possesses a <br />valid excavation permit for the same project. <br />(B) Permit extensions. No person may excavate or obstruct the right-of-way beyond <br />the date or dates specified in the permit unless the person makes both a supplementary <br />application for another right-of-way permit before the expiration of the initial permit, and <br />a new permit or permit extension is granted. <br />(C) Delay penalty. The city shall establish and impose a delay penalty for <br />unreasonable delays in right-of-way excavation, obstruction, patching or restoration. The <br />delay penalty shall be established from time to time by City Council resolution, <br />(D) Permit display. Permits issued under this subchapter shall be conspicuously <br />displayed or otherwise available at all times at the indicated work site and shall be <br />available for inspection by city. <br />(Ord. #74, adopted 11/27/2002, Ord, 2d 9 25, amended 12/10/2008) <br />