(A) Permit required. Except as otherwise provided in this 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.
(1) 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.
(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 the 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 routine maintenance of a small wireless facility, 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 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 the activities to the city if the micro wireless facility work will obstruct a public right-of-way. A small wireless facility permit is required for the work specified in this division (A)(3), in addition to the requirement that the registrant also possess an excavation permit or an obstruction permit.
(4) Conditional use permit. A 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 that is zoned for single-family residential use or agricultural use (i.e., as of the effective date of this chapter, AP, AG-C, GR, VN) or within a historic district established by federal or state law or by this chapter as of the date of application for a small wireless facility permit.
(5) Driveway permits. Access drives or the alteration to access drives onto city streets shall require an administrative permit under the Development Code or a permit under this chapter. This permit shall be issued prior to or concurrent with the issuance of any building permits. The Public Works Director shall determine the appropriate location, size and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow. An escrow deposit may be required to ensure construction of the driveway to city standards, including installation of any required culvert. Said escrow deposit shall be refunded upon completion of the driveway and restoration of the street and surrounding vegetation. (Formerly Development Code Ord. 900 Ch. 2. Section 3.1 (7).)
(B) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the applicable 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, subpart 3 and notwithstanding division (B) above, 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. A delay penalty will not be imposed if the delay in completion is due to circumstances beyond the control of the registrant, including, without limitation, inclement weather, acts of God, or civil strife.
(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. 204, passed 12-18-2018; Ord. 2020-05, passed 12-15-2020)