(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) An excavation permit is required by a registrant to excavate 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.
(2) An obstruction permit is required by a registrant 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.
(3) A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked.
(4) Other permits may be required for persons in accordance with Chapter 96. (See § 102.25(C)).
(5) Permits for installation, repair or otherwise work on above-ground facilities within the meaning of M.S. § 237.163, Subd. 6(b)(4) will be obstruction permits, notwithstanding the need for excavation, provided the excavation is augered or hand-dug for the purpose of placing a pole-type structure.
(B) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right- of-way permit before the expiration of the initial permit, or requests a verbal extension, and (ii) a new permit or permit extension is granted. Verbal extensions may be granted by the Director for a period no greater than 48 hours or for emergencies.
(C) Delay penalty. In accordance with Minn. Rule 7819.1000, Subp. 3, 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 City Council resolution. A delay penalty 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 applicant.
(D) 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 city.
(E) Routine maintenance not requiring excavation. Routine obstructions are permitted without separate notice and separate compensation for such projects. Projects that do not involve excavation and that last less than eight hours in duration may, in the Director's discretion, be considered routine maintenance and include by way of example, switching, replacing fuses, replacing transformers, placing line guards, animal protection, leak surveys and inspections.
(Ord. 2003-1005, passed 10-20-03; Am. Ord. 2017-1225, passed 12-4-17)