§ 91.40 PERMIT REQUIREMENTS.
   (A)   Permit required. Except as otherwise provided in this chapter, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the Planning and Zoning Director to do so.
      (1)   Excavation permit.
         (a)   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.
         (b)   A construction/improvement/upgrade project requiring excavation within the right of-way requires an excavation permit.
         (c)   Multiple excavations limited to one city block are considered one project and require an excavation permit except major reconstruction or extensions by a franchised utility will be issued under one permit provided all locations are included on one permit and project is completed within 60 days of issuing permit.
         (d)   Each permit application will require the mapping data per § 91.16.
      (2)   Obstruction permit.
         (a)   An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way for periods in excess of eight consecutive hours by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. Proper traffic and pedestrian control devices shall be in place at all times during the obstruction. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project.
         (b)   Failure to obtain an obstruction permit prior to the obstruction will require an after-the-fact obstruction permit fee plus payment of a delay permit. Applicants obtaining Wadena or Ottertail County Highway or State Department of Transportation excavation permits for facilities in their rights-of-way must obtain a city obstruction permit and submit a copy of the plans with mapping data for recording purposes per § 91.16.
      (3)   Permit waiver. In the event of a major catastrophe or emergency declared by the city requiring the restoration of services that are within the right-of-way, the requirement for permits and permit fees may be waived by the city at its discretion. After restoration of the service has been completed, an updated mapping plan per § 91.16 must be submitted to the city within 60 days.
   (B)   Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person:
      (1)   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)   Permit display. Permits issued under this chapter shall be conspicuously displayed or other wise available at all times at the indicated work site and shall be available for inspection by the Public Works Director.
(2006 Code, § 14.13) Penalty, see § 91.99