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application for a right -of -way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the project. Sec. 1.09. Permit Requirement. Subd. 1. Permit Required. Except as otherwise provided in this code, no person may obstruct or excavate any right -of -way without first having obtained the appropriate right -of -way permit from the city to do so. (a) 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. (b) 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. Subd. 2. Permit Extensions. No person may excavate or obstruct the right -of -way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right - of -way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. Subd. 3. Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding subd. 2 of this Section, 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. Subd. 4. 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. Sec. 1.10. Permit Applications. Application for a permit is made to the city. Right -of -way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: [Note: Copy of model permit application is included at end of document.] (a) Registration with the city pursuant to this chapter; (b) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. (c) Payment of money due the city for: (1) permit fees, estimated restoration costs and other management costs; (2) prior obstructions or excavations; 9