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Battle Lake, MN Code of Ordinances
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§ 154.22 SUPPLEMENTARY APPLICATIONS.
   (A)   Limitation 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 any 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:
      (1)   Make application for a permit extension and pay any additional fees required thereby; and
      (2)   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.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023)
§ 154.23 OTHER OBLIGATIONS.
   (A)   Compliance with other laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law, or regulation. A permittee shall comply with all requirements of local, state, and federal laws, including, but not limited to, Minn. Rules Chapter 7560, as it may be amended from time to time. 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 his or her permit, regardless of who does the work.
   (B)   Prohibited work. Except in an emergency, and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work.
   (C)   Interference with right-of-way. 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 those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit.
   (D)   Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including, but not limited to, horizontal directional drilling, shall follow all requirements set forth in M.S. Chapter 216D and Minn. Rules Chapter 7560, as they may be amended from time to time, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the Director.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023)
§ 154.24 DENIAL OR REVOCATION OF PERMIT.
   (A)   Reasons for denial. 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 of the public or when necessary to protect the right-of-way and its current use.
   (B)   Procedural requirements. The denial or revocation of a permit must be made in writing and must document the basis for the denial. The city must notify the applicant or right-of-way user in writing within three business days of the decision to deny or revoke a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the city and resubmit its application. If the application is resubmitted within 30 days of receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the resubmitted application within 30 days after submission.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023)
§ 154.25 INSTALLATION REQUIREMENTS.
   The excavation, backfilling, patching, and restoration, and all other work performed in the right-of-way shall be done in conformance with Minn. Rules parts 7819.1100 and 7819.5000, as they may be amended from time to time, and other applicable local requirements, in so far as they are not inconsistent with the M.S. §§ 237.162 and 237.163, as they may be amended from time to time. Installation of service laterals shall be performed in accordance with Minn. Rules Chapter 7560, as it may be amended from time to time, and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits and/or agreements.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023)
§ 154.26 INSPECTION.
   (A)   Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance with Minn. Rules part 7819.1300, as it may be amended from time to time.
   (B)   Site inspection. The permittee shall make the work site available to the city and to all others as authorized by law for inspection at all reasonable times, in accordance with § 10.20, during the execution of and upon completion of the work.
   (C)   Authority of city personnel.
      (1)   At the time of inspection, city personnel may order the immediate cessation of any work which poses a serious threat to the life, health, safety, or well-being of the public.
      (2)   City personnel may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten days after issuance of the order, the permittee shall present proof to city personnel that the violation has been corrected. If such proof has not been presented within the required time, city personnel may revoke the permit.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023)
§ 154.27 WORK DONE WITHOUT A PERMIT.
   (A)   Emergency situations.
      (1)   Each right-of-way user shall immediately notify the director of any event regarding its facilities that it considers to be an emergency. The right-of-way user may proceed to take whatever actions are necessary to respond to the emergency. Excavators’ notification to Gopher State One-Call regarding an emergency situation does not fulfill this requirement. Within two business days after the occurrence of the emergency, the right-of-way user shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency.
      (2)   If the city becomes aware of an emergency regarding a right-of-way user’s facilities, the city will attempt to contact the local representative of each right-of-way user affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the right-of-way user whose facilities occasioned the emergency.
   (B)   Non-emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all the other fees required by this code, deposit with the city the fees necessary to correct any damage to the right-of-way, and comply with all of the requirements of this chapter.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022; Ord. passed 11-14-2023)
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