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§ 95.04 REPORTING OBLIGATIONS.
   (A)   Operations.
      (1)   Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for facilities with the city. The plan shall be submitted using a format designated by the Director and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way.
      (2)   The plan shall include, but not be limited to, the following information:
         (a)   The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this section, a “next-year project”); and
         (b)   To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year (in this section, a “five- year project”).
      (3)   The term PROJECT in this section shall include both next-year projects and five-year projects.
      (4)   By January 1 of each year the city will have available for inspection in the city’s offices a composite list of all projects of which the city has been informed in the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list.
      (5)   Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and must notify the city and all other registrants of all changes in the list. Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another registrant listed by the other registrant.
   (B)   Additional next-year projects. Notwithstanding the foregoing, the city will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the project.
§ 95.05 PERMIT REQUIREMENT.
   Except as otherwise provided in the chapter, 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.
   (A)   Excavation permit. An excavation permit is required by a registrant 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.
   (B)   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 excavation permit for the same project.
   (C)   Small wireless facility permit. 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.
§ 95.06 PERMIT FEES.
   (A)   Excavation permit fee. The city shall impose an excavation permit fee in an amount sufficient to recover:
      (1)   Management costs; and
      (2)   Degradation costs, if applicable.
   (B)   Obstruction permit fee. The city shall impose an obstruction permit fee in an amount sufficient to recover management costs.
   (C)   Small wireless facility permit fee. The city shall impose a small wireless facility permit fee in an amount sufficient to recover:
      (1)   Management costs; and
      (2)   City engineering, make-ready and construction costs associated with collocation of small wireless facilities.
   (D)   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 the applicant to pay the fees within 30 days of billing.
   (E)   Nonrefundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in § 95.16 are not refundable.
   (F)   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.
§ 95.07 RIGHT-OF-WAY PATCHING AND RESTORATION.
   (A)   Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under § 95.10.
   (B)   Patch and restoration. The permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself.
      (1)   City restoration. If the city restores the right-of-way, the permittee shall pay the costs thereof within 30 days of billing. If, during the 36 months following the restoration, the pavement settles due to the permittee’s improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with having to correct the defective work.
      (2)   Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000, as it may be amended from time to time.
      (3)   Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities.
   (C)   Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100, as it may be amended from time to time.
   (D)   Duty to correct defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. The work shall be completed within five calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under § 95.10.
   (E)   Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do the work. In that event the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond.
§ 95.08 JOINT APPLICATIONS.
   (A)   Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time.
   (B)   Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the city does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications.
   (C)   With city projects. Registrants who join in a scheduled obstruction or excavation performed by the Director, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the obstruction and degradation portions of the permit fee, but a permit would still be required.
§ 95.09 SUPPLEMENTARY APPLICATIONS.
   (A)   Limitation on area.
      (1)   A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein.
      (2)   Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area:
         (a)   Make application for a permit extension and pay any additional fees required thereby; and
         (b)   Be granted a new permit or permit extension.
   (B)   Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be done before the permit end date.
§ 95.10 OTHER OBLIGATIONS.
   (A)   Compliance with other laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses and authority and to pay all fees required by the city or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including M.S. § 216D.01-.09 (“Gopher One-Call Excavation Notice System”) and Minnesota Rules Chapter 7460, as they may be amended from time to time. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work.
   (B)   Prohibited work. Except in an emergency, and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited, or when conditions are unreasonable for the work.
   (C)   Interference with right-of-way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit.
   (D)   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 and Minnesota Rules Chapter 7560, as they may be amended from time to time, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the city.
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