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§ 96.02 DEFINITIONS AND ADOPTION OF RULES BY REFERENCE.
   Minn. Rules Ch. 7819, as it may be amended from time to time, is hereby adopted by reference and is incorporated into this code as if set out in full. The definitions included in M.S. § 237.162, as they may be amended from time to time, Minn. Rules part 7819.0100 subps. 1 through 23, and Minn. Rules part 7560.0100 subps. 1 through 12 are hereby adopted by reference and are incorporated into this chapter as if set out in full.
§ 96.03 PERMIT REQUIREMENT.
   (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 permit from the city.
      (1)   Excavation permit. An excavation permit is required to excavate that part of the right-of-way described in the 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 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 excavation permit for the same project.
   (B)   Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless the person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and a new permit or permit extension is granted.
   (C)   Delay penalty. In accordance with Minn. Rules part 7819.1000 subp. 3, as it may be amended from time to time, and notwithstanding division (B) above, 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 the City Council.
   (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 Clerk, Utilities Superintendent or other person designated by the Council.
Penalty, see § 10.99
§ 96.04 PERMIT APPLICATIONS.
   Application for a permit shall contain, and will be considered complete only upon compliance with the requirements of the following provisions:
   (A)   Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information:
      (1)   Each permittee’s name, gopher one-call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers;
      (2)   The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration;
      (3)   A certificate of insurance or self-insurance:
         (a)   Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the state, or a form of self-insurance acceptable to the Clerk, Utilities Superintendent or other person designated by the Council;
         (b)   Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property;
         (c)   Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all coverages;
         (d)   Requiring that the Clerk, Utilities Superintendent or other person designated by the Council be notified 30 days in advance of cancellation of the policy or material modification of a coverage term; and
         (e)   Indicating comprehensive liability coverage, automobile liability coverage, worker’s compensation and umbrella coverage established by the Clerk, Utilities Superintendent or other person designated by the Council in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter.
      (4)   The city may require a copy of the actual insurance policies;
      (5)   If the person is a corporation, a copy of the certificate required to be filed under M.S. § 300.06, as it may be amended from time to time as recorded and certified to by the Secretary of State; and
      (6)   A copy of the person’s order granting a certificate of authority from the State Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have the certificate from the Commission or other state or federal agency.
   (B)   Payment of money due the city for:
      (1)   Permit fees as may be established by the City Council, estimated restoration costs and other management costs;
      (2)   Prior obstructions or excavations;
      (3)   Any undisputed loss, damage or expense suffered by the city because of the applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; or
      (4)   Franchise fees or other charges as may be established by the City Council.
§ 96.05 ISSUANCE OF PERMIT; CONDITIONS.
   (A)   Permit issuance. If the applicant has satisfied the requirements of this chapter, the Clerk, Utilities Superintendent or other person designated by the Council shall issue a permit.
   (B)   Conditions. The director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, state and federal laws, including but not limited to M.S. § 216D.01 - 216D.09 (Gopher One Call Excavation Notice System), as it may be amended from time to time, and Minn. Rules Ch. 7560.
   (C)   Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in M.S. Chapter 216D, as it may be amended from time to time, and Minn. Rules Ch. 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the city.
§ 96.06 PERMIT FEES.
   Permit fees shall be in an amount as may be established by the City Council.
   (A)   Excavation permit fee. The city shall establish an excavation permit fee as may be established by the City Council, in an amount sufficient to recover the following costs:
      (1)   The city management costs; and
      (2)   Degradation costs, if applicable.
   (B)   Obstruction permit fee. The city shall establish the obstruction permit fee as may be established by the City Council, and shall be in an amount sufficient to recover the city management costs.
   (C)   Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay those fees within 30 days of billing.
   (D)   Non-refundable. Permit fees as may be established by the City Council, that were paid for a permit that the Clerk, Utilities Superintendent or other person designated by the Council has revoked for a breach as stated in § 96.14 are not refundable.
   (E)   Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise.
   (F)   State law. All permit fees shall be established consistent with the provisions of Minn. Rules part 7819.0100, as it may be amended from time to time.
Penalty, see § 10.99
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