Agenda - Public Works Committee - 03/21/2000

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4.10.16 Other Obligations Subdivision 1. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, franchises or other authorizations and to pay all fees required by the City, any other City, County, State or Federal rules, laws or regulations. A permittee shall comply with all requirements of local, state and federal laws, including Minn. Stat. §8216D.01-09 ("One Cai1 Excavation Notice System"). A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who performs the work. Subd. 2. Except in the case of an emergency, and with the approval of the City, no right-of-way obstruction or excavation may be performed when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of the permittee or thepermittees agents may not be parked with or adjacent to a permit area. The loading or unloading of trucks adjacent to a permit area is prohibited unless specifically authorized by the permit. 4.10.1'7 Denial of Permit. The City may, in accordance with Minn. Stat. §237.163, Subd. 4, deny any application for a permit as provided in this Section. Subdivision 1. Mandatory Denial. Except in the case o:~ an emergency, no right-of-way permit will be granted: To any person required by Section 4.10.04 to be registered who has not done so; To any person required by Section 4.10.08 to file an annual report but has failed to do so; For any Next-year Project not listed in the construction and major maintenance plan required under Section 4.10.08 unless the person used commercially reasonable efforts to anticipate and plan for the project. Service area expansions that are a direct result of City growth and statutority required service provision would not be considered grounds for denial; For any project, which requires the excavation of any portion of the right-of- way, which was constructed or reconstructed within the proceeding five (5) years. Service area expansions that are a direct result of City growth and statutorily required service provision would not be considered grounds for denial;