§ 97.06 CONDITIONS OF PERMIT AND REGISTRATION.
   All permits issued and all registrations made under this chapter shall be subject to the following requirements:
   (A)   All permits issued under this chapter or a copy of the permit shall be conspicuously displayed or otherwise available at all times at the indicated project work site and shall be available for inspection immediately upon request by the Director or his/her designee.
   (B)   If the obstruction or excavation of the public right-of-way begins later or ends sooner than the dates specified in the permit, the permittee shall promptly notify the Director.
   (C)   Installation, placement, location, and relocation of equipment and facilities shall comply with all federal, state and local laws.
   (D)   Public right-of-way restoration shall be in accordance with the restoration regulations set forth in this chapter.
   (E)   Installation of all underground utilities shall be in accordance with the underground utilities regulations set forth in this chapter and all other applicable federal, state, and local laws.
   (F)   Precautions shall be taken as are necessary to avoid creating unsafe or unsanitary conditions and a permittee shall not obstruct a public right-of-way, except as expressly authorized by the permit, so as to hinder the natural free and clear passage of water through the gutters or other waterways. Personal vehicles of those doing work in the public right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit.
   (G)   Project operations and work shall be conducted in a manner so as to ensure the least obstruction to and interference with present and continued use of the public right-of-way.
   (H)   Precautions shall be taken to assure the safety of the general public, employees, invitees and those who require access to abutting property, including appropriate signage.
   (I)   The permittee shall notify abutting property owners, with a 48-hour written notice, prior to commencement of any project work that may disrupt the use of and access to the abutting property.
   (J)   The permittee involved in underground projects shall register with Gopher State One Call and comply with the requirements thereof.
   (K)   The permittee shall comply with the Uniform Traffic Manual for Traffic Control at all times during any project work and shall protect and identify excavations and work operations with barricade flags in the daylight hours and by warning lights at dusk and night.
   (L)   The permittee shall comply with all conditions of the permit.
   (M)   When any trail or drive has been cut, the appropriate signage must be kept in place and maintained until restoration is complete.
   (N)   The permittee shall provide proper trench protection as required by O.S.H.A. to prevent any cave-in; injury to property or persons; or enlargement of the excavation.
   (O)   Excavations, trenches, and jacking pits off the roadway surface area or adjacent to the roadway or curbing shall be sheathed and braced. When unattended, all excavations, trenches and jacking pits shall be protected to prevent surface drainage.
   (P)   The permittee shall protect the root growth of significant trees and shrubbery located within the public right-of-way and adjacent thereto.
   (Q)   The permittee shall coordinate project work and installation of facilities in co-locations involving other public right-of-way users.
   (R)   The permittee shall maintain access to all properties and cross streets during project work, including emergency vehicle access.
   (S)   The permittee shall physically locate property lines abutting the project work. The permittee shall replace, with the services of a Minnesota-licensed surveyor, any property corners or monuments disturbed as a result of the project.
   (T)   The permittee shall complete restoration of the public right-of-way in conformance with this chapter.
   (U)   No permittee, or any agent, subcontractor or employee thereof, shall use lugs (steel tracks) on any roadway surfaces.
   (V)   The permittee shall remove daily all dirt or debris from sidewalks, trails, public and private roadway surfaces, and curbs and gutters during project work.
   (W)   The permittee shall obtain all other necessary permits, licenses, and approvals; pay all required fees therefor and comply with all requirements of local, state, and federal laws.
   (X)   The permittee shall not do any work outside the project area as specified in the permit.
   (Y)   Screening and decorative structures. The permittee shall screen all aboveground facilities and make reasonable accommodations for decorative enclosures, support structures or signs, as required by the Director of Public Works, to be aesthetically compatible with existing streetscape and the ornamental design or theme of the immediate area. Screening methods shall include the use of shrubs, trees and/or with landscape rock or installation using stealth or camouflaged forms of the facility. The Director may also impose reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in a public right-of-way. No equipment or facilities shall visibly or physically block or in any manner interfere with any existing streetscape, ornamental structures or displays, or other amenities located within the city's right-of-way.
    (Z)   Height restrictions of small wireless facilities. No wireless support structure installed in the public right-of-way after May 31, 2017, shall exceed 50 feet above ground level and a wireless facility installed in the public right-of-way after May 31, 2017, may not extend more than ten feet above an existing wireless support structure in place as of May 31, 2017.
   (AA)   Any facility collocated on a city-owned support structure shall be of a color and design so to match the color, design and pattern of the existing support structure(s) and any replacement structures after the issuance of the permit. Any new support structure, and any facility located thereon, erected within a city-owned right of way shall be of a color and design so to match the color, design and pattern of existing structures (e.g., light/lampposts) and any replacement structures after the issuance of the permit.
(Ord. 715, passed 5-23-02; Am. Ord. 1038, passed 2-8-18; Am. Ord. 1056, passed 3-14-19)