(A) Permit required. Except as otherwise provided in this code, no right-of-way user 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) Utility permit. A utility 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) Obstruction permit. 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 utility permit for the same project.
(3) Other permits. Other permits may be required for persons in accordance with the city code.
(4) Overhead facilities. Permits for installation, repair or other 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.
(5) Security. A construction performance bond in an amount determined by the Director shall be required from each applicant. A surety bond shall be from a corporate surety authorized to do business in the state. Security required pursuant to this section shall require that the holder will perform the work in accordance with this chapter and applicable permits, and regulations, will pay to the city any costs incurred by the city in performing work pursuant to this chapter; and will indemnify and save the city and its officers, agents and employees harmless pursuant to the City Code. The Construction performance bond shall be released by the city upon completion of the work and compliance with all conditions imposed by the permit. For permits allowing excavations within public right-of-way, the construction performance bond shall be held for a period of 24 months to guaranty the adequacy of all restoration work.
(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) Diligence in performing work; delay penalty. Work shall progress in an expeditious manner as permitted by weather conditions until completion in order to avoid unnecessary inconvenience. In the event that the work is not performed in accordance with applicable regulations, excavations and utility connections, or the work is not done in an expeditious manner, or is abandoned without due cause, the city may, after 72 hour notice to the permit holder, correct and fill the excavation or repair the street. The entire cost of such work shall be paid by the permit holder upon demand made by the city. 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 section 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 obstruction and excavation. Routine excavations and obstructions are permitted without separate notice and separate compensation for such projects. Projects that do not involve excavation of paved surface and that last less than a continuous eight-hour period in duration between 7:00 a.m. and 7:00 p.m., Monday through Friday, excluding holidays, may, in the Director's discretion, be considered routine obstruction and excavation and include by way of example, switching, replacing fuses, replacing transformers, placing line guards, animal protection, leak surveys, anode installations and inspections, or to repair facilities due to public damage or accident.
(Ord. 335, Second Series, passed 4-9-2013)