(A) Permit requirement.
(1) Permit required. Except as otherwise provided in this chapter, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the city to do so.
(a) Excavation permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in the 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.
(b) Obstruction permit. An obstruction permit is required by a registrant 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.
(2) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless:
(a) The person makes a supplementary application for another right-of-way permit before the expiration of the initial permit; and
(b) A new permit or permit extension is granted.
(3) Delay penalty. In accordance with Minn. Rules part 7819.1000 subpart 3, and notwithstanding division (A)(2) above, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching or restoration. The delay penalty shall be established from time to time by City Council resolution.
(4) 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.
(B) Permit applications. Application for a permit is made to the city. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions:
(1) Registration with the city pursuant to this chapter;
(2) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities;
(3) Payment of money due the city for:
(a) Permit fees, estimated restoration costs and other management costs;
(b) Prior obstructions or excavations;
(c) Any undisputed loss, damage or expense suffered by the city because of applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; and
(d) Franchise fees or other charges, if applicable.
(4) Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing; and
(5) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards.
(C) Issuance of permit; conditions.
(1) Permit issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit.
(2) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use.
(D) Permit fees.
(1) Excavation permit fee. The city shall establish an excavation permit fee in an amount sufficient to recover the following costs:
(a) The city’s management costs; and
(b) Degradation costs, if applicable.
(2) Obstruction permit fee. The city shall establish the obstruction permit fee which shall be in an amount sufficient to recover the city management costs.
(3) Payment of permit fees.
(a) No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees.
(b) The city may allow applicant to pay the fees within 30 days of billing.
(4) Non-refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in § 91.17 of this chapter are not refundable.
(5) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise.
(Ord. 321, passed 11-6-2006)