8-7-8: PERMIT REQUIREMENT:
   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.   Excavation Permit: An 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.
      2.   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.
      3.   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 or 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. No small-wireless-facility permit is required to solely conduct: a) routine maintenance of a small wireless facility; b) 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 c) 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, however, a service provider is required to make written notice of such activities to the City if the work will obstruct a public right-of-way.
      4.   Special Or Conditional Use Permit: A special or conditional use permit is required to install a new wireless support structure for the siting of a small wireless facility in a right- of-way in a district or area that is zoned for single-family residential use or within a historic district established by Federal or State law or City ordinance as of the date of application for a small wireless facility permit.
   B.   Permit Extensions: No person may excavate 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 Minnesota 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. (Ord. 519, 1-16-2018)