§ 17.68  PERMIT REQUIRED.
   (a)   Permit required. Except as otherwise provided in this code, no may or any right-of-way without first having been issued the appropriate pursuant to this section and conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the .
      (1)    . An is required by the to that part of the right-of-way described in each permit and to hinder free and open passage over the specified portion of the right-of-way by placing therein, to the extent and for the duration specified in the permit.
      (2)   Obstruction/aerial/interduct permit. An obstruction/aerial/interduct permit is required by a to hinder free and open passage over the specified portion of right-of-way by placing described therein within the right-of-way, to the extent and for the duration specified in the permit. An obstruction/aerial/interduct permit is not required if a has been issued a valid for the same project.
      (3)   Pole attachment permit. A pole attachment permit is required by the in order to attach a to a new or existing wireless support structure in the public right-of-way. A wireless telecommunication facility shall only be co-located on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. A permit will be deemed void if the approved equipment is not installed within one year of issuance of the permit.  Wireless telecommunication facilities that are larger than what is defined as a small wireless facility in § 17.65 of this code are not permitted and therefore not eligible for a pole attachment permit.
      (4)   Small wireless facility agreement. A wireless telecommunication facility may not be co-located on a wireless support structure owned or controlled by the city, or any other city asset in the right-of-way, unless it meets the definition of a small wireless facility and the applicant has executed a standard small wireless facility co-location agreement with the city.  The standard co- location agreement requires payment of fees as authorized under M.S. § 237.163. The standard co- location agreement shall be in addition to, and not in lieu of, the required pole attachment permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to co-locate.  Issuance of a pole attachment permit does not supersede, alter or affect any then-existing agreement between the city and applicant.
   (b)   Permit reprocessing fee. No may or the right-of-way beyond the date or dates specified in the permit or do any work outside the area specified in the permit unless: (1) the makes a for an extension of the permit or a new permit before expiration of the initial permit, pays the applicable permit fee as set forth in Chapter 14 of this code; and (2) is granted a new permit or an extension of the initial permit by the .
      Verbal extensions of the initial permit may be granted by the for a period of no greater than 48 hours or for without additional fee.
   (c)   Diligence in performance work; . Work shall progress in an expeditious manner as permitted by weather conditions until completion in order to avoid unnecessary inconvenience to the public. If the work is not done in an expeditious manner, the may, after 72-hour notice to the , fill the excavation or repair the street. The upon demand made by the shall pay the entire cost of such work. In accordance with Minnesota Rules 7819.1000, subpart 3, and notwithstanding subsection (b) above, the shall establish and impose a where excavating or obstruction work in the right-of-way is not completed within the time specified in the permit and no has been made for a permit extension or a new permit prior to the expiration date of the permit where the delays in right-of-way excavation, obstruction, or are unreasonable. The shall be established from time to time by City Council resolution. A will not be imposed for delays due to force majeure, including inclement weather, civil strife, acts of God or other circumstances beyond the control of the .
   (d)   Application and fee. An application for a shall be made on forms provided by the and shall be accompanied by the fees set forth in Chapter 14 of this code and which are established to reimburse the for costs. A who pays a franchise fee to the in accordance with a franchise agreement shall be exempt from the payment of permit fees. All applications must be in the name of the . No joint applications will be accepted. If the work is to be performed by an agent, contractor or subcontractor on behalf of the , such application shall be signed by the . The application shall also be accompanied by the following:
      (1)   Scaled drawings showing the location of all and improvements proposed by the . The will be requested to submit in English measurement two paper copies at 50 scale plans and one copy in Auto CAD format (Hennepin County Coordinate system) with X, Y, Z dimensions to one foot accuracy electronic plan. The plans must be dimensional and show existing utilities, curb and gutter, sidewalks, bikeways, signal poles, driveways, boxes and structures. If the chooses to submit this data in a different format, it shall be responsible for the additional payment of the set forth in § 14.03 of this code;
      (2)   A description of the methods that will be used for installation;
      (3)   A proposed schedule for all work;
      (4)   The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work;
      (5)   A description of methods for restoring any public improvements disrupted by the work; and
      (6)   Any other information reasonably required by the .
   (e)   Security. A performance bond, letter of credit or cash deposit in an amount determined by the shall be required from each . The shall have the right to determine the form of security that must be filed. The , at its option, may post security sufficient to cover all projects contemplated for a one-year period. Any performance bond or letter of credit must be approved by the City Attorney as to form. Security required pursuant to this subsection (e) shall be conditioned that the holder will perform the work in accordance with this Article IV and applicable regulations, will pay to the any costs incurred by the in performing work pursuant to this Article IV, and will indemnify and save the and its officers, agents and employees harmless against any and all claims, judgment or other costs arising from any excavation and other work covered by the or by reason of any accident or injury to or property through the fault of the , either in improperly guarding the excavation or for any other injury resulting from the negligence or willful actions of the . The bond, letter of credit or cash deposit shall be released by the upon completion of the work and compliance with all conditions imposed by the , specifically including full compliance with § 17.79 of this code. For permits allowing excavations within public streets, such bond, letter of credit or cash deposit shall be held for a period of not less than 24 months to guaranty adequacy of all work.
   (f)   Permit issuances; conditions. The shall grant a upon finding the work will comply with the requirements of this Article IV. The may impose reasonable conditions upon the issuance of the permit and the performance of the thereunder to protect the public health, safety and welfare, to ensure the structural integrity of the right-of-way, to ensure completion of of the right-of-way within a specified period, to protect the property and safety of other users of the right-of-way and to minimize the disruption and inconvenience to the traveling public. No shall be issued to any who has failed to register pursuant to § 17.66 of this Article IV.
   (g)   Exceptions. No permit shall be required for the following:
      (1)   Surface landscaping work;
      (2)   Driveways, sidewalks, curb and gutter, and parking lots, street furnishings, bus stop benches, shelters, posts and pillars;
      (3)   Snow removal activities;
      (4)   Irrigation systems provided that the system does not connect directly to water mains in the right-of-way;
      (5)   Activities of the except sanitary sewer and water utilities; and
      (6)   Routine obstruction of the right-of-way for less than eight hours in total duration, including, without limitation, switching, fuse replacement, transformer replacement, line guard placement, leak surveys, anode installations and inspections.
   (h)   Shared vehicles. that are not rented or loaned are prohibited from the right-of-way and subject to removal by the city unless located in a dock or designated area.  Commercial providers must obtain an obstruction permit for docked or dockless subject to the requirements of this section and following conditions of approval.
      (1)   Obstruction permits for docks or designated areas will only be issued for locations within the South Loop, Penn American, and Normandale Lake Development Districts as defined by the Bloomington Comprehensive Plan.
      (2)   Prior to the issuance of an obstruction permit for docks or designated areas, applicants must execute a Memorandum of Understanding addressing removal of unattended and impacts related to .
(Ord. 98-54, passed 11-16-1998; Ord. 2001-20, passed 6-18-2001; Ord. 2006-32, passed 7-24-2006; Ord. 2020-26, passed 7-6-2020; Ord. 2020-27, passed 7-27-2020)