(A) Permit required. Except as otherwise provided in this code, no right-of-way user may obstruct or excavate, 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.
(B) Types of permits.
(1) Utility permit. A utility 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 the 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 utility 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 of the right-of-way, to the extent specified therein; provided that, the permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked.
(B) Security. For companies not operating under a franchise with the city, a surety bond, letter of credit or cash deposit in the amount determined by the Director, but not less than $5,000, or another such amount as shall be set by the City Council from time to time, is required from each applicant. A surety bond shall be from a corporate surety authorized to do business in the state. The security must be conditioned that the holder will perform the work in accordance with this chapter and applicable 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 against any and all claims, judgment or other costs arising from any excavation and other work covered by the permit or for which the City Council or any city officer may be liable by reason of any accident or injury to persons or property through the fault of the permit holder, either in improperly guarding the excavation or for any other injury resulting from the negligence of the permit holder. The bond, letter of credit or cash deposit will 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 streets, the bond, letter of credit or cash deposit will be held for a period of 24 months to guaranty the adequacy of all restoration work.
(C) Permit extensions.
(1) A person may not excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless:
(a) The person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, or requests a verbal extension; and
(b) A new permit or permit extension is granted.
(2) Verbal extensions may be granted by the Director for a period no greater than 48 hours or for emergencies.
(D) Diligence in performing work; delay penalty. Work shall progress in an expeditious manner as permitted by weather conditions until completion in order to avoid unnecessary inconvenience. If the work is not done in an expeditious manner, the city may, after 72-hour notice to the permit holder, fill the excavation or repair the street. The entire cost of the work must be paid by the permit holder upon demand made by the city. In accordance with Minn. Rules part 7819.1000, subp. 3, the city will 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. A delay penalty will not be imposed for delays due to force majeure, including inclement weather, civil strife, acts of God or other circumstances beyond the control of the applicant.
(E) Permit display. Permits must be conspicuously displayed or otherwise available at all times at the indicated work site and be available for inspection by the city.
(F) Routine obstruction and excavation. Routine excavations and obstructions are permitted without separate notice and separate compensation for the projects. Projects that do not involve excavation of paved surface and that last less than 12 hours in duration may, in the Director’s discretion, be considered routine obstruction and excavation and include by way of example, switching, replacing fuses, replacing transformers, placing line guards, animal protection, leak surveys, anode installations and inspections.
(Prior Code, § 835.17) (Ord. 2004-04, passed 9-15-2004; Ord. 20171101-01, passed 11-1-2017)