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 Gaylord
 Code of Ordinances
 Title V. PUBLIC WORKS
 Chapter 56. STREETS AND SIDEWALKS
 RIGHTS-OF-WAY

  § 56.009. PERMIT REQUIREMENT.  

Latest version.
  • (A) Permit required. Except as otherwise provided in the subchapter of the city, 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 the 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 the 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 the person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and a new permit or permit extension is granted.
    (C) Delay penalty. In accordance with Minn. Rules 7819.1000, subpart 3, as amended from time to time, and notwithstanding § 56.009(B) of this subchapter, 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. A delay penalty will not be imposed for delays due to force majeure, including inclement weather, civil strife, acts of God or other circumstances beyond the control of the applicant.
    (D) Permit display. Permits issued under this subchapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city.
    (Ord. 235, passed 10-4-2000)