(A) Permit required.
(1) Generally. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate permit from the city.
(a) Excavation permit. An excavation permit is required 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 to hinder free and open passage over the specified portion of the 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 the person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and a new permit or permit extension is granted.
(3) Delay penalty. 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 resolution of City Council.
(4) Permit display. Permits issued under this subchapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director.
(B) Permit applications. Application for a permit shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions:
(1) Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information:
(a) Each permittee’s name, Gopher-One Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers;
(b) The name, address, and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration;
(c) A certificate of insurance or self-insurance:
1. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the state, or a form of self-insurance acceptable to the Director;
2. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the registrant, its officers, agents, employees, and permittees, and placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees, and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities, and collapse of property;
3. Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all coverages;
4. Requiring that the Director be notified 30 days in advance of cancellation of the policy or material modification of a coverage term; and
5. Indicating comprehensive liability coverage, automobile liability coverage, Workers’ Compensation, and umbrella coverage established by the Director in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter.
(d) The city may require a copy of the actual insurance policies;
(e) If the person is a corporation, a copy of the certificate required to be filed under M.S. § 326B.801, as it may be amended from time to time, as recorded and certified to by the Secretary of State; and
(f) A copy of the person’s order granting a certificate of authority from the State Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have the certificate from the Commission or other state or federal agency.
(2) Payment of money due to the city for:
(a) Permit fees as established by ordinance of the City Council, 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 the applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; or
(d) Franchise fees or other charges as established by ordinance of the City Council, if applicable.
(Prior Code, § 50.47) Penalty, see § 50.999