(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.
(A) Right-of-way horizontal directional drilling (HDD) shall be limited to 2,640 feet per
application.
(B) Installation of cabinets, handholes, poles, transformers, and other such fixtures as determined by the City Engineer or designee shall require a
for all such fixtures within each 2,640-foot project area.
(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 City Code Appendix A; 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 as set forth in City Code Appendix A 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
as set forth in City Code Appendix A;
(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 shared vehicle operation zones map.
(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 .
(3) operation zones map: the location and boundaries of operation zones shall be described in a resolution adopted by the City Council. Such descriptions shall be reflected in an official operation zones map that is established and maintained as provided herein.
i. Shared vehicle operation zones. The location and boundaries of
operation zones established by this chapter of the city code shall be set forth on the
operation zones map of the city in accordance with the resolutions describing those zones. The
operation zones map and all notations, references and other information shown thereon is hereby made a part of this chapter by reference and shall have the same force and effect as if such map and all notations, references and other information shown thereon were fully set forth or described in this chapter. The format of the shared vehicle operation zones map shall be determined by the Director of Public Works or designee.
ii. Location of shared vehicle operation zones map. The
operation zones map shall be kept permanently on file in the office of the Department of Public Works of the city and shall be available for inspection by the public during normal business hours.
iii. Amendments to the shared vehicle operation zones map. Amendments to the locations and boundaries of any zones as shown in the
operation zones map shall be by resolution adopted by the City Council.
iv. Maintenance of shared vehicle operation zones map. The Director of Public Works, or designee, shall be responsible for maintaining and updating the
operation zones map. Any amendments to the shared vehicle operation zones map shall be recorded on the appropriate map(s) within 30 days of adoption by the City Council.