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<br />, <br /> <br />"Trench" means an excavation in the pavement, with the excavation having a length equal to or <br />greater that the width of the pavement. <br /> <br />"Telecommunication Right-of-Way User" means a person owning or controlling a facility in the <br />right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to <br />be used for transporting telecommunication or other voice or date information. For purposes ofthis <br />chapter, cable communication system defined and regulated under Minn. Stat. Chapter 238, and <br />telecommunication activities related to providing natural gas or electric energy services whether <br />provided by a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, an municipal gas <br />or power agency organized under Minn. Stat. Chapters 453 and 453A, or a cooperative electric <br />association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users <br />for purposes of this chapter. <br /> <br />Sec. 1.03. <br /> <br />Permit Requirement. <br /> <br />Subd. 1. Permit Required. Except as otherwise provided in this code, no person may obstruct or <br />excavate any right-of-way without first having obtained the appropriate permit from the city. <br /> <br />(a) Excavation Permit. An excavation permit is required to excavate that the part of the <br />right-of-way described in such permit and to hinder free and open passage over the specified <br />portion of the right-of-way, to the extent and for the duration specified therein. An <br />obstruction permit is not required if a person already possess a valid excavation permit for <br />the same proj ect. <br /> <br />(b) Obstruction Permit. An obstruction permit is required to hinder free and open passage <br />over the specified portion of right-of-way by placing equipment described therein on the <br />right-of-way, to the extent and for the duration specified therein. An obstruction permit is <br />not required if a person already possesses a valid excavation permit for the same proj eel. <br /> <br />Subd. 2. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date <br />or dates specified in the permit unless such person (i) makes a supplementary application for another <br />right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit <br />extension is granted. <br /> <br />Subd. 3. Delay Penalty. In accordance with Minn. Rule 7819.1000 Subd. 3 and notwithstanding <br />Subd. 2 of this section, the city shall establish and impose a delay penalty for unreasonable delays in <br />right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established <br />from time to time by city council resolution. The delay ]3ellalty shall Be established from time to <br />time by city cOlHleil resollltioll. <br /> <br />Subd. 4. Permit Display. Permits issued under this chapter shall be conspicuously displayed or <br />otherwise available at all times at the indicated work site and shall be available for inspection by city. <br /> <br />Page 5 of 12 <br />