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(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 or small wireless facility permit from the city.
(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, including, but not limited to, pet containment systems, irrigation systems, driveway approach, curb.
(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 to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the right-of-way. Such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked.
(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 Minn. Rule 7819.1000, subp. 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 set in the fee schedule.
(D) Permit display. Permits issued under this subchapter 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. 17-13, passed 11-27-2017)