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01/28/2013 NEW STREET: For the purposes of this chapter, a street is considered "new" when it is first constructed, when it is reconstructed or when it is renovated. The Community Development Director/designee shall determine the date of completion for new streets and the date each street was last reconstructed or renovated, based on the date the street was opened or reopened for traffic. HIGHWAY: Has the same meaning as right-of-way as defined below. PUBLIC PLACE: Has the same meaning as city property as defined herein. PUBLIC WAY: Has the same meaning as right-of-way as defined below. RECONSTRUCTION: Completely rebuilding a street by removing all the pavement and aggregate base course material, re-compacting the sub-base and restoring the base material and then completely re-paving the street. RENOVATION: A major rehabilitation including overlay or similar roadway improvement work that physically modifies the surface of the roadway prior to applying a new roadway surface or other similar work as determined by the City Engineer. REPAIR: Includes the construction, reconstruction, replacement, restoration, overlay or improvement of any walkway, driveway, street or right-of-way. RIGHT-OF-WAY: The surface of and the space above and below any street, road, highway, right-of-way, alley, easement, public utility easement, pathway, sidewalk and other public way, including driveway, curb, gutter, paving or other surface and subsurface drainage structure or facility and any public place, or City property, now or hereafter existing as such within the City. STREET: Has the same meaning as right-of-way. WALKWAY: Includes but is not limited to, a park or parking strip maintained in the area between the property line and the curb line and also includes a driveway, curbing, bulkhead, retaining wall, sidewalk or other works for the protection of any sidewalk or walkway or any such park or parking strip located in any street within the City. Sec. 29.3. Encroachment Permit Required. A. No person shall encroach nor place any encroachment upon, over or under the surface of any right-of-way or City property for any purpose whatsoever, without first obtaining a permit from the City in accordance with the provisions set forth herein. B. No person shall excavate, erect, construct, place or maintain any pipe, conduit, wire, cable or other structure, on, over or under the surFace of any right-of-way or City property, for any purpose whatsoever, without first ATTY/ORD.377/AMENDING CHAPTER 29 STREETS,SIDEWALKS AND DRIVEWAYS ORD.#2390 REV:01-22-13 PT FORMERLY MUFF#305 Page 5 of 28