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CC WORKSESSION PACKET 10302017
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CC WORKSESSION PACKET 10302017
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Right-of-Way Management 73 <br /> <br /> <br />specified in the permit must be obstructed or excavated must before working in that greater area make <br />application for a permit extension and pay any additional fees necessitated thereby, and be granted a new <br />permit or permit extension. <br /> <br />(B) Limitations on dates. A right-of-way permit is valid only for the dates specified in the permit. <br />No permit holder may begin its work before the permit start date or, except as provided therein, continue <br />working after the end date. If permit holder does not finish the work by the permit end date, it must <br />make application for a new permit for additional time it needs, and receive the new permit or an <br />extension of the old permit before working after the end date of the previous permit. This <br />supplementary application must be done before the permit end date. <br />(1993 Code, § 1165.15) <br /> <br /> <br />§ 96.16 18 OTHER OBLIGATIONS. <br /> <br />(A) Compliance with other laws. Obtaining a right-of-way permit does not relieve permit holder of <br />its duty to obtain all other necessary permits, licenses, franchises, or other authorizations and to pay all <br />fees required by the city, any other city, county, state, or federal rules, laws, or regulations. A permit <br />holder shall comply with all requirements of local, state, and federal laws, including M.S. §§ 216D.01 <br />through 216D.09, as they may be amended from time to time, (“One Call Excavation Notice System”). <br />A permit holder shall preform all work in conformance with all applicable codes and established rules <br />and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless <br />of who performed the work. <br /> <br />(B) Prohibited work. Except in the case of an emergency, and with the approval of the city, no <br />right-of-way obstruction or excavation may be performed when seasonally prohibited or when <br />conditions are unreasonable for the work. <br /> <br />(C) Interference with right-of-way. A permit holder shall not so obstruct a right-of-way that the <br />natural free and clear passage of water through the gutters or other waterways shall be interfered with. <br />Private vehicles may not be parked with adjacent to a permit area. The loading or unloading of trucks <br />adjacent to a permit area is prohibited unless specifically authorized by the permit. <br />(1993 Code, § 1165.16) <br /> <br /> <br />§ 96.17 19 DENIAL OR REVOCATION OF PERMIT. <br /> <br />(A) Reasons for Denial. The city may deny a permit for failure to meet the requirements and conditions <br />of this chapter or if the city determines that the denial is necessary to protect the health, safety, and <br />welfare or when necessary to protect the right-of-way and its current use. <br />(B) Procedural Requirements. The denial or revocation of a permit must be made in writing and must <br />document the basis for the denial. The city must notify the applicant or right-of-way user in writing <br />within three business days of the decision to deny or revoke a permit. If an application is denied, the <br />right-of-way user may address the reasons for denial identified by the city and resubmit its <br />application. If the application is resubmitted within 30 days of receipt of the notice of denial, no <br />additional application fee shall be imposed. The city must approve or deny the resubmitted <br />application within 30 days after submission..Note: Minn. Stat. § 237.163, Subds. 4(c) and 5(f). <br />(1) Mandatory denial. Except in the case of an emergency, no right-of-way permit will be <br />granted: <br />Formatted: Style 1, Left, Right: 0", Tab <br />stops: Not at 0.68" <br />Formatted: Font: 12 pt, Not Bold, Italic <br />Formatted: Font: 12 pt, Italic <br />Formatted: Font: 12 pt <br />Formatted: Font: 12 pt <br />Formatted: Font: Not Expanded by / <br />Condensed by
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