Ch4.§1-9 · City of Nowthen public records

A. 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. 1\. 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. 2\. 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. B. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless: 1\. Such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and 2\. A new permit or permit extension is granted. C. Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding subsection B 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. D. Permit Display. Permits issued under this Section shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the City. (Ordinance #31, adopted December 9, 2008)   4-1-10: 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: A. Registration with the City pursuant to this Section; 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; 3 Any undisputed loss, damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the City; 4\. Franchise fees or other charges, if applicable. 5\. Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing. 6\. Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the City deems the existing construction performance bond inadequate under applicable standards. (Ordinance #31, adopted December 9, 2008)

Ch.4 § 1-9

Amendment history