(1) Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way, including county roads or state highways within the city, collocate a small wireless facility, or install or replace a wireless support structure in addition to collocate a small wireless facility on the wireless support structure without first having obtained the appropriate permit from the city.
(a) 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.
(b) 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.
(c) Small wireless facility permit. A small wireless facility permit is required to collocate a small wireless facility in the right-of-way or to install or replace a wireless support structure in the right- of-way in addition to collocating a small wireless facility on the wireless support structure, to the extent and for the duration described in Chapter 305 of the Lino Lakes City Code.
(2) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless the person:
(a) Makes a supplementary application for another right-of-way permit before the expiration of the initial permit; and
(b) A new permit or permit extension is granted.
(3) Delay penalty. In accordance with Minn. Rules 7819.1000, Subd. 3 and notwithstanding division (2) 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 in the city fee schedule.
(4) Security. A construction performance bond in an amount determined by the city 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 subdivision 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.
(5) 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.
(6) County or state rights-of-way. City permits issued for work in county roads or state highways as defined by Minnesota law shall relate to the city's interest in the right-of-way under M.S. § 237.162, Subd. 3, as it may be amended from time to time. The permittee shall obtain all other permits required by state, county or federal agencies.
(7) Exceptions. Nothing in this section shall be construed to repeal or amend the provisions of a city ordinance establishing the rights of and limitations placed on persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons carrying out or requesting the following work shall not be deemed to use or occupy the right-of-way within the meaning of this section, and shall not be governed by this section. The persons are or may be governed by other city code sections, including but not limited to, those noted below:
(a) Persons planting or maintaining vegetation in the boulevard.
(b) Persons installing driveways, sidewalks, curb and gutter or parking lots;
(c) Persons erecting fences over drainage or utility easements;
(d) Persons engaged in snow removal activities;
(e) Persons installing street furnishings, mail boxes, bus stop benches and shelters;
(f) Persons installing vending machines;
(g) Persons installing irrigation systems;
(h) Persons installing pet containment systems; and
(i) Persons installing water or sewer service lines.
(Ord. 09-08, passed 6-23-2008; Am. Ord. 01-19, passed 11-25-2019)