A. Permit Issuance: Upon the Director's determination that the applicant has satisfied the requirements of this section, the Director shall issue the right-of-way permit subject to the terms and conditions of this chapter. The Director may impose reasonable conditions upon the issuance of the right-of-way permit and the performance of the permit holder to protect the health, safety, and welfare of the public or when necessary to protect the right-of-way and its current use. In addition, a permit holder shall comply with all requirements of local guide specifications and standard details as well as all local, State and Federal laws, including but not limited to Minnesota Statutes chapter 216D and Minnesota Rules chapter 7560 (Gopher One Call Excavation Notice System).
B. 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.
C. Notice: The applicant must provide ten (10) days' written notice to any landowners lying adjacent to any permitted work. Mailed notice to the address used for tax purposes as shown at City Hall shall suffice for notice.
D. Permit Display: Right-of-way 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 Director.
E. Permit Extensions: A right-of-way permit is valid only for the area of the public right-of-way specified in the permit and for the dates specified in the permit. No permit holder may do any work outside of the area specified in the permit or begin its work before the permit start date or continue working after the permit end date. Any permit holder desiring to obstruct or excavate an area greater than that specified in the permit or desiring to perform work on dates not specified in the permit shall apply for a new or extended right-of-way permit and pay any additional fees required by the City. The permit holder shall obtain the new or extended permit before performing any work not allowed by the original permit.
F. Denial Of Permit: The City may deny a right-of-way permit for failure to meet the requirements and conditions of this section, if the applicant has existing facilities in the right-of-way that are in a state of structural or aesthetic disrepair, or if the City determines that the denial is necessary to protect the health, safety, and welfare of the public or when necessary to protect the right-of-way and its current use. The City shall notify the applicant in writing within three (3) business days of its decision to deny the permit. Upon denial, the applicant may cure the deficiencies identified by the City and resubmit its application. If the applicant resubmits the application within thirty (30) days of receiving written notice of the denial, no additional filing or processing fee shall be required. The City shall approve or deny the revised application within thirty (30) days after the revised application is submitted. (Ord. 2019-003, 3-19-2019)