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Temporary Surface: the compaction of sub -base and aggregate base and <br />replacement, in kind, of the existing pavement only to the edges of the excavation. It is <br />temporary in nature except when the replacement is of pavement included in the city's <br />capital improvement plan, and is scheduled for completion within one (1) year, in which <br />case it is considered full restoration. <br />Trench: an excavation in the pavement, with the excavation having a length <br />equal to or greater than the width of the pavement. <br />Telecommunication Right -of -Way User: a person owning or controlling a facility <br />in the right-of-way, or seeking to own or control a facility in the right-of-way that is used <br />or is intended to be used for transporting telecommunication or other voice or data <br />information. For purposes of this chapter, a cable communication system defined and <br />regulated under Minn. Stat. Chap. 238, and telecommunications activities related to <br />providing natural gas or electric energy services whether provided by a public utility as <br />defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency <br />organized under Minn. Stat., Chaps. 453 and 453A, or a cooperative electric association <br />organized under Minn. Stat., Chap. 308A are not telecommunications right-of-way users <br />for purposes of this chapter. <br />304.03 Permit Requirement. <br />(1) Permit Required. Except as otherwise provided in this code, no person may <br />obstruct or excavate any right-of-way, including county roads or state highways within <br />the city, without first having obtained the appropriate permit from the city. <br />(a) Excavation Permit. An excavation permit is required to excavate <br />that part of the right-of-way described in such permit and to hinder free and open <br />passage over the specified portion of the right-of-way by placing facilities described <br />therein, to the extent and for the duration specified therein. <br />(b) Obstruction Permit. An obstruction permit is required 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 />(2) Permit Extensions. No person may excavate or obstruct the right-of-way <br />beyond the date or dates specified in the permit unless such person (i) makes a <br />supplementary application for another right-of-way permit before the expiration of the <br />initial permit, and (ii) a new permit or permit extension is granted. <br />Page 5of19 <br />