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annual plans. All registrants are responsible for keeping themselves informed of the current <br /> status of this list. <br /> (5) 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 the changes in the list. <br /> Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another <br /> registrant listed by the other registrant. <br /> (B) Additional next year projects. Notwithstanding the foregoing, the city will not deny an <br /> application for a right-of-way permit for failure to include a project in a plan submitted to the <br /> city if the registrant has used commercially reasonable efforts to anticipate and plan for the <br /> project. <br /> (Ord. 9756, passed 6-20-2000) Penalty, see § 10.99 <br /> PERMITS <br /> J§94.35 RIGHT-OF-WAY PERMIT REQUIREMENT. <br /> (A) Right-of-way permit required. Except as otherwise provided in the city's regulations, no <br /> person may obstruct or excavate any right-of-way, or install or place facilities in the right-of- <br /> way, without first having obtained the appropriate right-of-way permit from the city and posting <br /> of the appropriate construction performance bond with the city. <br /> (1) Excavation permit. An excavation permit is required by a registrant to excavate that part <br /> of the right-of-way described in the permit and to hinder free and open passage over the specified <br /> portion of the right-of-way by placing equipment described therein, to the extent and for the <br /> durations specified therein. <br /> (2) Obstruction permit. An obstruction permit is required by registrant to hinder free and <br /> open passage over the specified portion of the right-of-way by placing equipment described <br /> therein on the right-of-way, to the extent and for the durations specified therein. An obstruction <br /> permit is not required if a person already possesses a valid excavation permit for the same <br /> proj ect. <br /> (3) Small Wireless Facility Permit. A small wireless facility permit is required by a registrant <br /> to erect or install a wireless support structure, to collocate a small wireless facility, or to <br /> otherwise install a small wireless facility in the specified portion of the right-of-way, to the <br /> extent specified therein, provided that such permit shall remain in effect for the length of time <br /> the facility is in use, unless lawfully revoked. <br /> Note: M. S. §237.163, subd. 13. <br /> (B) Right-of-way permit extensions. No person may excavate or obstruct the right-of-way <br /> beyond the date or dates specified in the permit unless the person makes a supplementary <br /> application for another right-of-way permit before the expiration of the initial permit, and a new <br /> right-of-way permit, or right-of-way permit extension, is granted. <br /> (C) Delay penalty. In accordance with Minnesota Rule Part 7819.1000, subpart 3 and <br /> Nnotwithstanding the provisions of this section, the city shall establish and impose a delay <br /> penalty for unreasonable delays in right-of-way excavation, obstruction,patching, or restoration. <br /> The delay penalty shall be established from time to time by City Council resolution. <br /> 10 <br />