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§ 93.03 MATERIALS ON STREET OR SIDEWALK.
   (A)   No person shall encumber any street, sidewalk, or right-of-way. No owner, occupant, or person having the care of any building or lot of land, bordering on any street, sidewalk, or right-of-way shall permit it to be encumbered with barrels, boxes, cans, articles, or substances of any kind, so as to interfere with the free and unobstructed use thereof.
   (B)   Except for the actions of the city employees and contractors carrying out their duties, no person shall:
      (1)   Obstruct any street or sidewalk by depositing snow or ice thereon;
      (2)   Dig any holes in any street, sidewalk or right-of-way;
      (3)   Remove any earth, gravel, or rock from any street, sidewalk or right-of-way;
      (4)   Obstruct any ditch draining any street or drain any noisome materials into any ditch;
      (5)   Deface, mar, damage, or tamper with any structure, work, material, equipment, tools, signs, markers, signals, paving, guardrails, drains or any other highway appurtenance on or along any street, sidewalk or right-of-way.
      (6)   Remove, injure, displace, or destroy right-of-way markers, or reference or witness monuments, or markers placed to preserve section or quarter-section corners;
      (7)   Drive over, through, or around any barricade, fence, or obstruction erected for the purpose of preventing traffic from passing over a portion of a street or sidewalk closed to public travel or to remove, deface, or damage any such barricade, fence or obstruction.
Penalty, see § 10.99
RIGHT-OF-WAY CONSTRUCTION REGULATIONS
§ 93.20 ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY.
   In accordance with the authority granted to the city under state and federal statutory, administrative, and common law, the city hereby elects pursuant to this chapter to manage rights-of-ways within its jurisdiction.
§ 93.21 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, Minn. Rules 7819.0100 subps. 1 through 23, and Minn. Rules 7560.0100 subps. 1 through 12 are hereby adopted by reference and are incorporated into this chapter as if set out in full.
§ 93.22 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.
      (3)   Small Wireless Facility Permit. A small wireless facility permit is required to place a new wireless support structure (collocate) in the right-of-way, with the exception that a permit is not required for the installation, placement, maintenance, operation, or replacement of micro wireless facilities suspended on cables strung between existing utility poles in compliance with national safety codes.
      (4)   Small Wireless Special or Conditional Land Use Permit. A special or conditional land use permit is required to install a new wireless support structure in a right-of-way where the underlying district or area is zoned for single-family residential use or is in a historic district established by federal or state law or city ordinance.
   (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) 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 the Ordinance Establishing Fees and Charges, adopted pursuant to § 30.11 of this code, as it may be amended from time to time.
   (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. Penalty, see § 10.99
§ 93.23 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 city;
         (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 city be notified 30 days in advance of cancellation of the policy or material modification of a coverage term;
         (e)   Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the city 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 of incorporation issued by the Secretary of State pursuant to M.S. § 302A.155.
      (6)   A copy of the person's order granting a certificate of authority from the Minnesota 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)   A Small Wireless Facility Permit applicant may file a consolidated Small Wireless Permit Application to collocate up to 15 small wireless facilities provided that all the small wireless facilities in the application:
      (1)    Are located within a two-mile radius;
      (2)   Consist of substantially similar equipment; and
      (3)   Are to be placed on similar types of wireless support structures.
   (C)   Payment of money due the city for:
      (1)   Permit fees as established by the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to time, estimated restoration costs and other management costs including inspections;
      (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 established by the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to time, if applicable.
§ 93.24 ISSUANCE OF PERMIT; CONDITIONS.
   (A)   Permit issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit.
   (B)   Conditions. The city 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 - 09 (Excavation Notice System) and Minn. Rules Ch. 7560.
   (C)   Additional Small Wireless Facility Conditions. In addition to subdivision 2, the erection or installation of a wireless support structure, or the collocation of a small wireless facility, shall be subject to the following conditions:
      (1)   A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application.
      (2)   No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the city’s written authorization, and further provided that an applicant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit.
      (3)   No wireless facility may extend more than 10 feet above its wireless support structure.
      (4)   Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separation requirements between such support structures and any existing wireless support structure or other facilities in and around the right-of-way.
      (5)   Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure.
      (6)   Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure.
      (7)   The execution of a Small Wireless Facility Collocation Agreement that incorporates any additional terms and conditions mutually agreed upon by the city and the applicant. A small wireless facility collocation agreement is considered public data not on individuals and is accessible to the public under section 13.03. Issuance of a small wireless facility permit does not supersede, alter or affect any then- existing agreement between the city and applicant.
   (D)   Payment of Rent.
      (1)   For collocations of small wireless facilities, the city can, either in its permit or in a standard collocation agreement, require annual rental payments for the small wireless collocations of up to:
         (a)   $150 per year for rent to collocate on the city structure.
         (b)   $25 per year for maintenance associated with the collocation.
         (c)   A monthly fee for electrical service as follows:
            1.   $73 per radio node less than or equal to 100 maximum watts;
            2.   $182 per radio node over 100 maximum watts; or
            3.   The actual cost of electricity if the actual cost exceeds the foregoing.
      (2)   For collocations or placements, other than of small wireless facilities, the city can charge a mutually agreed upon rent reached between the city and the applicant.
   (E)   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. Ch. 216D and Minn. Rules Ch. 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the city.
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