(A) Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained the appropriate right-of-way permit from the city to do so.
(1) Alter permit. An alteration permit is required by a right-of-way user to alter 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) Excavation permit. An excavation permit is required by a right-of-way user 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. The installation of wires within the right of way for the purpose of robotic mowers is an authorized justification to be granted a permit. The installation of sprinkler systems within the right-of-way for the purpose of watering lawns, flowers, trees, and other live plants within the right-of-way is an authorized justification to be granted a permit.
(3) Obstruction permit. An obstruction permit is required by a right-of-way user 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. Normal and legal parking in the right-of-way is exempt for vehicles parked within the right-of-way no more than 24 hours without moving. Vehicles of the owner of adjacent property or authorized user are exempt from the 24-hour period.
(4) Small wireless facility permit. A small wireless facility permit is required by a right-of-way user to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion or 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.
(B) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless:
(1) Such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit; and
(2) A new permit or permit extension is granted.
(C) Delay penalty. In accordance with Minn. Rules part 7819.1000 subp. 3, as it may be amended from time to time, and notwithstanding division (B) 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.
(D) Permit display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated worksite and shall be available for inspection by the city.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023) Penalty, see § 10.99