§ 17.70  STANDARDS FOR CONSTRUCTION OR INSTALLATION.
   (a)   General standards. The excavation, backfilling, and and all other work performed in the right-of-way must be done in conformance with all applicable Minnesota Rules, including without limitation Rules 7819.1100, 7819.500 and 7819.5100, as well as all of the requirements of this code and its other conditions and requirements in so far as they are not inconsistent with M.S. §§ 237.162 through 237.163, as they may be amended from time to time. Installation of must be performed in accordance with Minnesota Rules Chapter 7560 and this code. The shall comply with the following standards when performing the work authorized under the permit:
      (1)   Take such precautions as are necessary to avoid creating unsanitary conditions. Observe and comply with all laws, rules and regulations of the state and ;
      (2)   Conduct the operations and perform the work in a manner as to ensure the least obstruction to and interference with traffic;
      (3)   Take adequate precautions to ensure the safety of the general public and those who require access to abutting property;
      (4)   Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties;
      (5)   Comply with the Uniform Traffic Manual for Traffic Control at all times during construction or installation;
      (6)   Exercise precaution at all times for the protection of , including employees and property;
      (7)   Protect and identify excavations and work operations with barricade flags and, if required, by flaggers in the daytime and by warning lights at night;
      (8)   Provide proper protection as required by OSHA when necessary and depending upon the type of soil, in order to prevent cave-ins endangering life or tending to enlarge the excavation;
      (9)   Protect the root growth of trees and shrubbery;
      (10)   If possible, provide for space in the installation area for other and companies which install in public rights-of-way;
      (11)   Maintain access to all properties and cross streets as possible during construction and installation and maintain emergency vehicle access at all times;
      (12)   Maintain alignment and grade unless otherwise authorized by the . Changes not approved by the will require removal and reconstruction;
      (13)   During plowing or trenching of , a warning tape must also be placed at a depth of 12 inches above copper cables with over 200 pairs and above fiber ;
      (14)   Below concrete or bituminous paved road surfaces, directional bore must be installed in conduit of a type determined by the ;
      (15)   The placing of all telecommunications must comply with the National Electric Safety Code, as incorporated by reference in M.S. § 326B.35, as it may be amended from time to time;
      (16)   Locate property lines near right-of-way lines and replace any destroyed property corners. A Minnesota licensed surveyor must be used;
      (17)   Excavations, and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the ;
      (18)   Excavating, and jacking pits shall be protected when unattended to prevent entrance of surface drainage;
      (19)   All backfilling must be placed in six-inch layers at optimum moisture and compacted with the objective of attaining 95% of Standard Proctor. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate;
      (20)   Backfill material shall be subject to the approval of the . The may permit backfilling with the material from the excavation provided such material is granular in nature and acceptable to the ;
      (21)   Compacted backfill shall be brought to bottom of the gravel of the approved street section;
      (22)   All work performed in the right-of-way shall be done in conformance with Plates 1 to 13 (located in Appendix A), unless a less stringent standard is approved by the ;
      (23)   Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit;
      (24)   No lugs damaging to roadway surfaces may be used;
      (25)   Dirt or debris must be periodically removed during construction; and
      (26)   Other reasonable standards and requirements of the .
   (b)   Standards for installation of underground utilities. The shall comply with the following standards when installing underground.
      (1)   Underground must be placed as far off the roadway as possible to provide access from outside of the paved area.
      (2)   Buried fiber shall be at a minimum depth of three feet and a maximum depth of four feet unless an alternate location is approved in advance by the . Buried copper below concrete or bituminous paved road surfaces must be placed at no less than three feet but no more than four feet deep. Other buried copper must be placed at a minimum depth of 30 inches and a maximum depth of four feet.
      (3)   Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise approved by the .
      (4)   If construction is open cut, the must install the visual tracers within 12 inches and over buried . If other construction methods are used, substitute location methods will be considered.
      (5)   The shall register with Gopher State One Call and comply with the requirements of that system.
      (6)   Compaction in shall be 95% of Standard Proctor and copies of test results will be submitted to the . Tests will be required at the discretion of the . Tests must be conducted by an independent testing firm at locations approved by the . Recompaction and new tests will be required if densities are not met.
      (7)   The shall be located so as to avoid traffic signals and signs which are generally placed a minimum of four feet behind the curb.
      (8)   When utilizing trenchless installation methods to cross an area in which a municipal utility is located, and when directed by the , the shall an observation over the utility to ensure that the utility is not damaged.
      (9)   All junction boxes or access points shall be located no closer than ten feet from hydrants, valves, manholes, lift stations or catch basins unless an alternate location is approved by the .
      (10)   Underground shall not be installed between a hydrant and an auxiliary valve.
      (11)   Underground shall not be installed within five feet of hydrants, valves, lift stations or manholes in areas where utility easements exist beyond the right-of-way. In those areas in which no utility easement exists, placement of an underground shall be between the edge of and no closer than three feet to an existing utility appurtenance unless an alternate location is approved by the .
      (12)   Buried telecommunication must have a locating wire or conductive shield, except for di-electric cables.
      (13)   Buried fiber must be placed in a conduit of a type determined by the unless the obtains a waiver from the .
   (c)   Standards for installation of overhead . The shall comply with the following standards when installing overhead:
      (1)   All wires must be a minimum of 18 feet above ground and at a location that does not interfere with traffic signals, overhead signs or street lights.
   (d)   Standards for .
      (1)   Purpose. The desires high quality wireless communication to accommodate the needs of residents and businesses. At the same time, the strives to minimize the negative impacts that can have on aesthetics and public safety. Due to the many that must be delivered within its limited area, the also strives to avoid unnecessary encumbrances within the . The allows and regulates outside of the through performance standards and height limits. The purpose of this section is to regulate within the in a manner that balances desire for with aesthetic, public safety and right-of-way flexibility concerns.
         Public rights-of-way are appropriate locations for that present minimal impacts (i.e., small pole attachments that do not require new poles, do not require pole extensions, and do not have associated ground mounted ). that require greater heights than can be afforded by existing poles in the and that require ground mounted are more appropriately sited outside the in accordance with adopted performance standards (§ 19.63.05 of this code). However, the recognizes that as wireless technology advances, some residential areas of the may be hard to serve with wireless technology due to the lack of siting alternatives in the immediate vicinity. In such areas, where no alternative non-right-of-way locations are available, that require pole extensions and ground will be allowed in the subject to the requirements of this section which are meant to protect the public health, safety and welfare.
      (2)    as pole attachments. that meet the definition of a small wireless facility and comply with the following requirements may be attached to existing wireless support structures within the right-of-way after issuance of a pole attachment permit and execution of a small wireless facility agreement for co- locations on city-owned structures.
         (A)   The shall not extend above the top of the existing wireless support structure and the height of the existing wireless support structure shall not be increased to accommodate the .
         (B)   If the wireless support structure must be replaced to structurally accommodate the , the replacement wireless support structure height shall not exceed the existing wireless support structure height and the replacement wireless support structure diameter shall not exceed the existing wireless support structure diameter by more than 50%. The replacement wireless support structure must comply with the city’s Aesthetic Standards as adopted by the City Engineer. The city may impose reasonable restocking, replacement, or relocation requirements on the replacement of a city-owned structure, and may impose standards that ensure city assets can continue to effectively perform their intended function.
         (C)   Each antenna must not be larger than six cubic feet and shall have no individual surface larger than four square feet.
         (D)   The shall not extend outward from the existing pole or tower or arm thereof by more than three feet.
         (E)   The shall include no ground mounted equipment within the planned widened rights-of-way.
         (F)   The shall not interfere with public safety communications and shall meet the requirements of § 19.63.05 of this code.
         (G)   Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of this Article IV.
         (H)   The shall not block light emanating from the wireless support structure and shall not otherwise interfere with the original use of the wireless support structure.
      (3)    as pole extensions or with ground mounted equipment. Wireless telecommunication facilities that meet the definition of a small wireless facility and that either require increased wireless support structure height or have ground mounted may be erected in the public right-of-way only when in compliance with the following provisions and after issuance of a pole attachment permit, excavation permit and execution of a small wireless facility agreement for co-locations on city-owned structures.
         (A)   Reserved.
         (B)   The replacement wireless support structure, including lightning rods and all other attachments, shall not exceed the greater of 50 feet or the height of the existing wireless support structure at that location if it was in place on May 31, 2017.
         (C)   The replacement wireless support structure diameter shall not exceed the existing wireless support structure diameter by more than 50%.
         (D)   The shall not extend outward from the wireless support structure by more than three feet.
         (E)   If feasible and desirable, as determined by the City Engineer or designee, the replacement wireless support structure shall match the original and surrounding wireless support structures in materials and color, and shall comply with the city’s Aesthetic Standards as adopted by the City Engineer.
         (F)   The city may impose reasonable restocking, replacement, or relocation requirements on the replacement of a city-owned structure, and may impose standards that ensure city assets can continue to effectively perform their intended function.
         (G)   The shall not interfere with public safety communications and shall meet the requirements of § 19.63.05 of this code.
         (H)   A pole attachment or excavation permit for a wireless telecommunication facility that has ground mounted equipment will be issued only if the issuing authority finds the following:
            (i)   The ground mounted equipment will not disrupt traffic or pedestrian circulation;
            (ii)   The ground mounted equipment will not create a safety hazard;
            (iii)   The location of the ground mounted equipment minimizes impacts on adjacent property; and
            (iv)   The ground mounted equipment will not adversely impact the health, safety or welfare of the community.
         (I)   Above grade ground mounted equipment associated with the shall meet the following performance standards:
            (i)   Be separated from a sidewalk by a minimum of two feet;
            (ii)   Be set back a minimum of 50 feet from the nearest intersecting right-of-way line;
            (iii)   If located adjacent to residential uses, above grade ground mounted equipment in the public right-of-way shall be limited to three feet in height above grade and 27 cubic feet in cumulative size;
            (iv)   If located adjacent to nonresidential uses, above grade ground mounted equipment in the public right-of-way shall be limited to five feet in height above grade and 81 cubic feet in cumulative size;
            (v)   Ground mounted equipment located outside the planned widened public right-of-way shall conform with the requirements of § 19.63.05(j) of this code; and
            (vi)   Vegetative or other screening compatible with the surrounding area shall be provided around the ground mounted equipment if deemed necessary by the Planning Manager or designee.
         (J)    in the right-of-way shall be removed and relocated at city request subject to the provisions of this Article IV.
      (4)   Wireless telecommunication facilities with new poles or new wireless support structures. with new poles or new wireless support structures may be erected in the public right-of-way only when they meet the definition of a small wireless facility and are in compliance with the following provisions and after issuance of a pole attachment permit and excavation permit.
         (A)   Separation. A new pole or other wireless support structure may be placed no closer than 600 feet from any existing wireless support structure, except as a replacement of an existing public utility structure subject to the requirements of this section.
         (B)   Height. A new pole or wireless support structure, including lightning rods, and all other attachments, may not exceed 50 feet in height.
         (C)   Diameter. The maximum diameter of a new pole or wireless support structure is one and one-half feet.
         (D)   Equipment extension. The or related equipment may not extend outward from a new pole or wireless support structure by more than three feet.
         (E)   Pole design. If feasible and desirable, as determined by the City Engineer or designee, the new pole or wireless support structure must match the surrounding public utility structures in materials and color, and must comply with the city’s Aesthetic Standards as adopted by the City Engineer.
         (F)   Interference. The new pole or other wireless support structure must not interfere with public safety communications and must meet the requirements of § 19.63.05 of this code.
         (G)   Ground mounted equipment. Permits for with new poles or new wireless support structures that have ground mounted equipment will be issued only if the findings in § 17.70(d)(3)(G) of this code are made by the issuing authority.  Above grade ground mounted equipment associated with the is subject to the performance standards of § 17.70(d)(3)(H) of this code.
         (H)    in the right-of-way must be removed and relocated at city request subject to the provisions of this Article IV.
      (5)   Charges. In addition to the permit fees outlined in Chapter 14, the city reserves the right to charge telecommunication providers for their use of the public right-of-way to the extent that such charges are allowed under state law. Telecommunication providers shall be responsible for payment of property taxes attributable to their equipment in the public right-of-way.
(Ord. 98-54, passed 11-16-1998; Ord. 2001-20, passed 6-18-2001; Ord. 2006-32, passed 7-24-2006; Ord. 2020-27, passed 7-27-2020)