A. Permit Required: Except as otherwise provided in this Code, 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.
1. Permit: A permit is required by a registrant to excavate or directionally bore 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.
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. 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.
D. Exceptions:
1. This chapter shall not regulate landowners working within the right-of-way immediately adjacent to their lot and on their side of the actual street surface (not working within or under the improved [bituminous, gravel or concrete] surface of the street). See section 7-4-33 of this chapter for regulation of said landowners. In addition, contractors working at the request of such a homeowner and in this same area, must obtain a permit for this work, but there shall be no fee for this permit as required for more involved permitted work within the right-of-way. However, any such permit holder, by agreeing to work in this area with a no-fee permit agrees that the City may recover damages as set forth in subsection 7-4-13F of this chapter.
This chapter shall not regulate contractors connecting to City sanitary sewer and water lines to privately owned structure. See title 3, chapter 14 of this Code for registration requirements. However, nothing herein relieves a person from complying with the provisions of the Minnesota Statutes chapter 216D, Gopher One Call Law.
2. Since the following list of activities is routine and typically nonintrusive, the utility providers need not apply for a permit. However, said providers will still be registered as set forth above and any damage to the right-of-way shall be repaired by the provider or the City may use the cash deposit or letter of credit to make said repairs in their behalf. The following is a list of activities that shall not require a permit:
a. Tree trimming within the right-of-way.
b. Streetlight bulb or pole replacement or other routine maintenance to existing streetlights or other above grade transformers and inverters. (Ord. 2019-003, 3-19-2019)