Ord #207 - 3rd Ser/Repealing-Replacing ROW Management

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billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. Sec. 18-178.- Supplementary Applications. (a) Limitations on Area. A right-of-way permit is valid only for the area of the right- of-way specified in the permit. No permittee may do work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must,before working in that greater area,make application for a permit extension and pay any additional fees required thereby, and be granted a new permit or permit extension. (b) Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. Sec. 18-179. - Denial of Permit. The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. Any denial of a right-of-way or small wireless facility permit shall be in writing and must document the basis for the denial. The city must notify the telecommunications right-of-way user within three(3)business days of the decision to deny the permit. If the permit application is denied, the telecommunications right-of- way user may cure the deficiencies identified by the city and resubmit its application. If the telecommunications right-of-way user resubmits the application within thirty(30)days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The city must approve or deny the revised application within thirty(30)days after the revised application is submitted. Sec. 18-180.- Installation Requirements. The excavation,backfilling, patching and restoration, and all other work performed in the right- of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter 7560 and these ordinances. Service lateral installation is further 196937v1