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12-20-2017 Council Packet
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12-20-2017 Council Packet
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<br />All registrants are responsible for keeping themselves informed of the current status of this list. <br /> <br />Thereafter, by February 1, each registrant may change any project in its list of next-year <br />projects, and must notify the city and all other registrants of all such changes in said list. <br />Notwithstanding the foregoing, a registrant may at any time join in a next-year project of <br />another registrant listed by the other registrant. <br /> <br />Subd. 2. Additional Next-Year Projects. Notwithstanding the foregoing, the city will not <br />deny an application for a right of way permit for failure to include a project in a plan <br />submitted to the city if the registrant has used commercially reasonable efforts to anticipate <br />and plan for the project. <br /> <br />Sec. 1.09. Permit Requirement. <br />Subd. 1. Permit Required. Except as otherwise provided in this code, no person may obstruct or <br />excavate any right of way, or install or place facilities in the right of way, without first having <br />obtained the appropriate right of way permit from the city to do so. <br /> <br />(a) Excavation Permit. An excavation permit is required by a registrant to excavate that <br />part of the right of way described in such permit and to hinder free and open passage <br />over the specified portion of the right of way by placing facilities described therein, to <br />the extent and for the duration specified therein. <br />(b) Obstruction Permit. An obstruction permit is required by a registrant to hinder free <br />and open passage over the specified portion of right of way by placing equipment <br />described therein on the right of way, to the extent and for the duration specified <br />therein. An obstruction permit is not required if a person already possesses a valid <br />excavation permit for the same project. <br />(c) Small Wireless Facility Permit. A small wireless facility permit is required by a <br />registrant to erect or install a wireless support structure, to collocate a small wireless <br />facility, or to otherwise install a small wireless facility in the specified portion or the <br />right of way, to the extent specified therein, provided that such permit shall remain in <br />effect for the length of time the facility is in use, unless lawfully revoked. <br /> <br />Subd. 2. Permit Extensions. No person may excavate or obstruct the right of way beyond the <br />date or dates specified in the permit unless (i) such person makes a supplementary application for <br />another right of way permit before the expiration of the initial permit, and (ii) a new permit or <br />permit extension is granted. <br /> <br />Subd. 3. Delay Penalty. In accordance with Minn. Rule 7819.1000 subp. 3 and notwithstanding <br />subd. 2 of this Section, the city shall establish and impose a delay penalty for unreasonable <br />delays in right of way excavation, obstruction, patching, or restoration. The delay penalty shall <br />be established from time to time by City Council resolution. <br /> <br />Subd. 4. Permit Display. Permits issued under this chapter shall be conspicuously displayed or <br />otherwise available at all times at the indicated work site and shall be available for inspection by <br />the city. <br />
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