(A) Permit Required: Except as otherwise provided in this Code, no person may obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained the appropriate right-of-way permit from the City to do so.
1. Utility Construction Permit: A utility construction permit is required by a registrant to install, repair, or relocate a facility, erect or install a wireless support structure, 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.
2. General Excavation Permit: A general 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. A general excavation permit is not required if a person already possesses a valid utility construction permit for the same project.
3. Obstruction Permit: An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of 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 construction or general excavation permit for the same project.
(B) Permit Extensions: No person may excavate, place a utility service, or obstruct the right-of-way beyond the date or dates specified in the permit unless: 1) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and 2) a new permit or permit extension is granted.
(C) Delay Penalty: In accordance with Minn. Rule 7819.1000 subp. 3 and notwithstanding subsection (B) of this section, 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.
(D) Permit Display: 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 City.
(E) Routine Maintenance Activities: Persons performing maintenance activities that obstruct the right-of-way shall provide the City advance notification of these activities. An obstruction permit is required for any maintenance activity that obstructs the roadway or pedestrian facilities within the right- of-way.
(F) Special Exception For Small Wireless Facilities: As required by State law, a person is not required to pay a permit fee, obtain a right-of-way permit, or enter into a small wireless facility collocation agreement solely in order to conduct any of the following activities:
1. Routine maintenance of a small wireless facility;
2. Replacement of a small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or
3. Installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes.
Persons that perform these excepted activities shall provide the City advance notification of these activities if the work will obstruct a public right-of-way.
An obstruction permit is required for any work that obstructs the roadway or pedestrian facilities. (Ord. 017-735, 12-18-2017)