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(A) Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground facilities with the Planner. The plan shall be submitted using a format designated by the Planner, and shall contain the information determined by the Planner to be necessary to facilitate coordination and reduction in the frequency of excavations and obstructions of rights-of-way. If by December 1 of any year the registrant has not developed his or her construction and maintenance information for the coming year, the registrant shall file the information with the city as soon thereafter as it is developed.
(B) The plan shall include, but not be limited to, the following information:
(1) To the extent known, the locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year; and
(2) To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year.
(C) The Planner will have available for inspection, in his or her office, a composite list of all projects of which the Planner has been informed in the annual plans. All registrants are responsible for keeping himself or herself informed of the current status of this list. Each registrant must notify the Planner immediately of any change in his or her list of projects.
(Ord. 277, passed 11-13-2017)
(A) General. Except as otherwise provided in this chapter, no registrant may obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first having been issued the appropriate permit pursuant to this section and conspicuously displayed, or otherwise available, at all times at the indicated work site, and shall be available for inspection by the city.
(B) Excavation permit. An excavation permit is required by the registrant to excavate that part of the right-of-way described in each permit, and to hinder free and open passage over the specified portion of the right-of-way by placing facilities therein, to the extent and for the duration specified in the permit.
(C) Obstruction/aerial/interduct permit. An obstruction/aerial/interduct permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein within the right-of-way, to the extent and for the duration specified in the permit. An obstruction/aerial/interduct permit is not required if a registrant has been issued a valid excavation permit for the same project.
(D) Pole attachment permit. A pole attachment permit is required by the registrant in order to attach a wireless telecommunication facility to an existing public utility structure in the public right-of-way. A pole attachment permit is not required if a registrant has been issued a valid excavation permit for the same project.
(E) Permit reprocessing fee. No registrant may excavate or obstruct the right-of-way beyond the date or dates specified in the permit, or do any work outside the area specified in the permit unless:
(1) The registrant makes a supplementary application for an extension of the permit, or a new permit before expiration of the initial permit, and pays the applicable permit fee in an amount as set by Council from time to time; and/or
(2) Is granted a new permit or an extension of the initial permit by the Planner.
(F) Small wireless facility permit. A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that the permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. Verbal extensions of the initial permit may be granted by the Planner for a period of no greater than 48 hours, or for emergencies, without additional fee.
(G) Diligence in performance work; delay penalty. Work shall progress in an expeditious manner as permitted by weather conditions until completion in order to avoid unnecessary inconvenience to the public. If the work is not done in an expeditious manner, the city may, after 72-hour notice to the permit holder, fill the excavation or repair the street. The holder, upon demand made by the city, shall pay the entire cost of the work. In accordance with Minn. Rules part 7819.1000, subpart 3, and notwithstanding divisions (B) and (C) above, the city shall establish and impose a delay penalty where excavating or obstruction work in the right-of-way is not completed within the time specified in the permit, and no supplementary application has been made for a permit extension or a new permit prior to the expiration date of the permit where the delays in right-of-way excavation, obstruction, patching, or restoration are unreasonable. 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.
(H) Application and fee. An application for a right-of-way permit shall be made on forms provided by the city and shall be accompanied by the fees in an amount as set by Council from time to time, and which are established to reimburse the city for city costs. A person who pays a franchise fee to the city in accordance with a franchise agreement shall be exempt from the payment of permit fees. All applications must be in the name of the registrant. No joint applications will be accepted. If the work is to be performed by an agent, contractor, or subcontractor on behalf of the registrant, the application shall be signed by the registrant. The application shall also be accompanied by the following:
(1) Scaled drawings showing the location of all facilities and improvements proposed by the applicant. The applicant will be requested to submit, in English measurement, two paper copies at 50 scale plans, and one copy in AutoCAD format with X, Y, Z dimensions to one-foot accuracy electronic plan. The plans must be dimensional and show existing utilities, curb and gutter, sidewalks, bikeways, signal poles, driveways, boxes, and structures. If the applicant chooses to submit this data in a different format, he or she shall be responsible for the additional payment of the data conversion fee set forth in Res. 11-7A;
(2) A description of the methods that will be used for installation;
(3) A proposed schedule for all work;
(4) The location of any public streets, sidewalks, or alleys that will be temporarily closed to traffic during the work;
(5) A description of methods for restoring any public improvements disrupted by the work; and
(6) Any other information reasonably required by the city.
(I) Security. A performance bond, letter of credit, or cash deposit in an amount determined by the Planner shall be required from each applicant. The Planner shall have the right to determine the form of security that must be filed. The applicant, at his or her option, may post security sufficient to cover all projects contemplated for a one-year period. Any performance bond or letter of credit must be approved by the City Attorney as to form. Security required pursuant to this section shall be conditioned that the holder will perform the work in accordance with this chapter and applicable regulations, will pay to the city any costs incurred by the city in performing work pursuant to this chapter, and will indemnify and save the city and its officers, agents, and employees harmless against any and all claims, judgment, or other costs arising from any excavation and other work covered by the right-of-way permit, or by reason of any accident or injury to persons or property through the fault of the permit holder, either in improperly guarding the excavation or for any other injury resulting from the negligence or willful actions of the permit holder. The bond, letter of credit, or cash deposit shall be released by the city upon completion of the work and compliance with all conditions imposed by the right-of-way permit, specifically including full compliance with § 71.15(A) of this chapter. For permits allowing excavations within public streets, the bond, letter of credit, or cash deposit shall be held for a period of not less than 24 months to guarantee adequacy of all restoration work.
(J) Permit issuances; conditions. The Planner shall grant a right-of-way permit upon finding the work will comply with the requirements of this chapter. The Planner may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety, and welfare, to ensure the structural integrity of the right-of-way, to ensure completion of restoration of the right-of-way within a specified period, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public. No right-of-way permit shall be issued to any person who has failed to register pursuant to § 71.03 of this chapter.
(K) Small wireless facility conditions. In addition to division (F) above, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions (a small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application):
(1) No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the city’s written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety, and welfare, or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to the conditions or requirements as may be imposed in the applicable permit;
(2) No wireless facility may extend more than ten feet above its wireless support structure;
(3) Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separation requirements between the structure and any existing wireless support structure, or other facilities in and around the right-of-way;
(4) Where an applicant proposes collocation on a decorative wireless support structure, sign, or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance, or intended purpose of the structure; and
(5) Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of the structure.
(L) Small wireless facility agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right-of-way, after the applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following:
(1) An amount as set by Council from time to time per year for rent to collocate on the city structure;
(2) Twenty-five dollars per year for maintenance associated with the collocation;
(3) A monthly fee for electrical service as follows:
(a) Seventy-three dollars per radio node less than, or equal to, 100 maximum watts;
(b) One-hundred and eighty-two dollars per radio node over 100 maximum watts; and
(c) The actual costs of electricity, if the actual cost exceed the foregoing.
(4) The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter, or affect any then-existing agreement between the city and applicant.
(M) Actions on small wireless facility permit applications.
(1) The city shall approve or deny a small wireless facility permit application within 90 days after filing of the application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section.
(2) (a) An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application:
1. Are located within a two-mile radius;
2. Consist of substantially similar equipment; and
3. Are to be placed on similar types of wireless support structures.
(b) In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application.
(3) The 90-day deadline for action on a small wireless facility permit application may be tolled if:
(a) The city receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In that case, the city may extend the deadline for all the applications by 30 days by informing the affected applicants, in writing, of the extension;
(b) The applicant fails to submit all required documents or information, and the city provides written notice of incompleteness to the applicant within 30 days of receipt of the application. Upon submission of additional documents or information, the city shall have ten days to notify the applicant, in writing, of any still-missing information; or
(c) The city and a small wireless facility applicant agrees, in writing, to toll the review period.
(N) Excavation permit fee. The city shall impose an excavation permit fee in an amount sufficient to record management costs and degradation costs, if applicable.
(O) Obstruction permit fee. The city shall impose an obstruction permit fee in an amount sufficient to recover management costs.
(P) Small wireless facility permit fee. The city shall impose a small wireless facility permit fee in an amount sufficient to recover:
(1) Management costs; and
(2) City engineering, make-ready, and construction costs associated with collocation of small wireless facilities.
(Q) Exceptions. No permit shall be required for the following:
(1) Surface landscaping work;
(2) Driveways, sidewalks, curb and gutter, and parking lots, street furnishings, bus stop benches, shelters, posts, and pillars;
(3) Snow removal activities;
(4) Irrigation systems, provided that the system does not connect directly to water mains in the right-of-way;
(5) Activities of the city except sanitary sewer and water utilities; and
(6) Routine obstruction of the right-of-way for less than eight hours in total duration, including, without limitation, switching, fuse replacement, transformer replacement, line guard placement, leak surveys, anode installations, and inspections.
(Ord. 277, passed 11-13-2017)
The work to be done under the right-of-way permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permit holder, or when work was prohibited as unseasonable or unreasonable. If the obstruction or excavation of the right-of-way begins later, or ends sooner, than the date given on the permit, the permit holder must notify the city by a supplementary application of the accurate information as soon as the permit holder knows this information.
(Ord. 277, passed 11-13-2017)
(A) General standards. The excavation, backfilling, patching, and restoration, and all other work performed in the right-of-way, must be done in conformance with all applicable Minnesota Rules including, without limitation, Minn. Rules parts 7819.1100, 7819.500, and 7819.5100, as well as all of the requirements of this chapter and its other conditions and requirements, insofar as they are not inconsistent with M.S. §§ 237.162 and 237.163, as they maybe amended from time to time. Installation of service laterals must be performed in accordance with Minn. Rules Chapter 7560 and this chapter. The permit holder shall comply with the following standards when performing the work authorized under the permit:
(1) Take precautions as are necessary to avoid creating unsanitary conditions. Observe and comply with all laws, rules, and regulations of the state and city;
(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, the 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 persons, 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 trench 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 telecommunication right-of-way users and companies which install facilities 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 city. Changes not approved by the city will require removal and reconstruction;
(13) During plowing or trenching of facilities, a warning tape must also be placed at a depth of 12 inches above copper cables with over 200 pairs, and above fiber facilities;
(14) Below concrete or bituminous-paved road surfaces, directional bore facilities must be installed in conduit of a type determined by the permit holder;
(15) The placing of all telecommunications facilities 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 state-licensed surveyor must be used;
(17) Excavations, trenches, 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 city;
(18) Excavating, trenches, 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 Planner. The Planner may permit backfilling with the material from the excavation, provided the material is granular in nature and acceptable to the Planner;
(21) Compacted backfill shall be brought to bottom of the gravel of the approved street section;
(22) Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit;
(23) No lugs damaging to roadway surfaces may be used;
(24) Dirt or debris must be periodically removed during construction; and
(25) Other reasonable standards and requirements of the Planner.
(B) Standards for installation of underground utilities. The permit holder shall comply with the following standards when installing facilities underground:
(1) Underground facilities must be placed as far off the roadway as possible to provide access from outside of the paved area;
(2) Buried fiber facilities 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 Planner. Buried copper facilities 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 facilities 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 Planner;
(4) If construction is open cut, the permit holder must install the visual tracers within 12 inches and over buried facilities. If other construction methods are used, substitute location methods will be considered;
(5) The permit holder shall register with Gopher State One-Call and comply with the requirements of that system;
(6) Compaction in trench shall be 95% of Standard Proctor, and copies of test results will be submitted to the Planner. Tests will be required at the discretion of the Planner. Tests must be conducted by an independent testing firm at locations approved by the Planner. Re-compaction and new tests will be required if densities are not met;
(7) The facilities 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 city, the permit holder shall excavate an observation hole over the utility to ensure that the city utility is not damaged;
(9) All junction boxes or access points shall be located no closer than ten feet from city hydrants, valves, manholes, lift stations, or catch basins unless an alternate location is approved by the city;
(10) Underground facilities shall not be installed between a hydrant and an auxiliary valve;
(11) Underground facilities 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 facility shall be between the edge of pavement and no closer than three feet to an existing city utility appurtenance unless an alternate location is approved by the city;
(12) Buried telecommunication facilities must have a locating wire or conductive shield, except for dielectric cables; and
(13) Buried fiber facilities must be placed in a conduit of a type determined by the right-of-way user unless the permit holder obtains a waiver from the city.
(C) Standards for installation of overhead facilities. The permit holder shall comply with the following standards when installing facilities overhead: 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.
(Ord. 277, passed 11-13-2017)
(A) Purpose.
(1) The city desires high quality wireless communication services to accommodate the needs of residents and businesses. At the same time, the city strives to minimize the negative impacts that wireless telecommunication facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the city also strives to avoid unnecessary encumbrances within the public right-of-way. The city allows and regulates wireless telecommunication facilities outside of the public right-of-way through performance standards and height limits. The purpose of this section is to regulate wireless telecommunication facilities within the public right-of-way in a manner that balances desire for service with aesthetic, public safety, and right-of-way flexibility concerns.
(2) Public rights-of-way are appropriate locations for wireless telecommunication facilities that present minimal impacts (for example, small pole attachments that do not require new poles, do not require pole extensions, and do not have associated ground-mounted equipment). Wireless telecommunication facilities that require greater heights than can be afforded by existing poles in the public right-of-way, and that require ground-mounted equipment, are more appropriately sited outside the public right-of-way in accordance with adopted performance standards (§ 71.17(F)). However, the city recognizes that as wireless technology advances, some residential areas of the city may be hard to serve with wireless technology due to the lack of siting alternatives in the immediate vicinity. In the areas where no alternative non-right-of-way locations are available, wireless telecommunication facilities that require pole extensions and ground equipment will be allowed in the public right-of-way subject to the requirements of this section which are meant to protect the public health, safety, and welfare.
(B) Wireless telecommunication facilities as pole attachments. Wireless that complies with the following requirements may be attached to existing public utility structures within the right-of-way after issuance of a pole attachment permit:
(1) The wireless telecommunication facility shall not extend above the top of the existing public utility structure, and the height of the existing public utility structure shall not be increased to accommodate the wireless telecommunication facility;
(2) If the public utility structure must be replaced to structurally accommodate the wireless telecommunication facility, the replacement public utility structure height shall not exceed the existing public utility structure height, and the replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50%;
(3) The wireless telecommunication facility shall not be larger than three cubic feet, and shall have no individual surface larger than four square feet;
(4) The wireless telecommunication facility shall not extend outward from the existing pole or tower, or arm thereof, by more than two and one-half feet, except that an antenna one-half inch in diameter or less may extend an additional six inches;
(5) The wireless telecommunication facility shall include no ground-mounted equipment within the planned widened rights-of-way;
(6) The wireless telecommunication facility shall not interfere with public safety communications;
(7) Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of this chapter; and
(8) The wireless telecommunication facility shall not block light emanating from the public utility structure, and shall not otherwise interfere with the original use of the public utility structure.
(C) Wireless telecommunication facilities as pole extensions or with ground-mounted equipment. Wireless that require increased public utility structure height, or that have ground-mounted equipment, 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 or excavation permit:
(1) The applicant shall demonstrate to the satisfaction of the Planner or designee that the wireless telecommunication facility cannot be placed in a code-complying location outside the right-of-way within one-quarter mile of the proposed location;
(2) The replacement public utility structure, including lightning rods and all other attachments, shall not exceed the height of the existing public utility structure by more than 15 feet. Once the height of a public utility structure has been increased under the provisions of this section, the height shall not be further increased;
(3) The replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50%;
(4) The wireless telecommunication facility shall not extend outward from the public utility structure by more than two feet;
(5) If feasible and desirable, as determined by the Planner or designee, the replacement public utility structure shall match the original and surrounding public utility structures in materials and color;
(6) The wireless telecommunication facility shall not interfere with public safety communications;
(7) 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:
(a) The ground-mounted equipment will not disrupt traffic or pedestrian circulation;
(b) The ground-mounted equipment will not create a safety hazard;
(c) The location of the ground-mounted equipment minimizes impacts on adjacent property; and
(d) The ground-mounted equipment will not adversely impact the health, safety, or welfare of the community.
(8) Ground-mounted equipment associated with the wireless telecommunication facility shall meet the following performance standards:
(a) Be set back a minimum of ten feet from the planned widened rights-of-way;
(b) Be separated from a sidewalk by a minimum of three feet;
(c) Be set back a minimum of 50 feet from the nearest intersecting right-of-way line;
(d) Be separated from the nearest ground-mounted wireless telecommunication equipment installation on the same block face by a minimum of 330 feet unless the equipment is placed underground;
(e) If located adjacent to residential uses, ground-mounted equipment shall be limited to three feet in height above grade and 27 cubic feet in cumulative size;
(f) If located adjacent to non-residential uses, ground-mounted equipment shall be limited to five feet in height above grade and 81 cubic feet in cumulative size;
(g) Ground-mounted equipment located outside the planned widened public right-of-way; and
(h) Vegetative or other screening compatible with the surrounding area shall be provided around the ground-mounted equipment if deemed necessary by the Planner or designee.
(9) Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of this chapter.
(D) New poles. The erection in the right-of-way of a new pole to support wireless telecommunication facilities is not allowed, except as a replacement of an existing public utility structure subject to the requirements of this section.
(E) Charges. In addition to the permit fees in an amount as set by Council from time to time, the city reserves the right to charge telecommunication providers for their use of the public right-of-way to the extent that the charges are allowed under state law. Telecommunication providers shall be responsible for payment of property taxes attributable to his or her equipment in the public right-of-way.
(Ord. 277, passed 11-13-2017)
(A) General. The permit holder shall patch his or her own work. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit unless the permit holder is granted a new permit or an extension of the initial permit by the Planner pursuant to § 71.05(B).
(B) City restoration. If the city restores the right-of-way, the permit holder shall pay the costs thereof within 30 days of billing. If, during the 24 months following the restoration, the pavement settles due to the permit holder’s improper backfilling, the permit holder shall pay to the city, within 30 days of billing, all costs associated with having to correct the defective work. At the time of initial permit application, the permit holder must indicate whether or not he or she is electing to pay the degradation fee in lieu of restoration.
(C) Holder restoration. If the holder restores the right-of-way, he or she shall, at the time of application for a right-of-way permit, post security in the form determined by the Planner, such as a performance bond, letter of credit, or cash deposit in an amount determined by the Planner to be sufficient to cover the cost of restoration. Any performance bond or letter of credit must be approved by the City Attorney. If, within 24 months after completion of restoration of the right-of-way, the Planner determines the right-of-way has been properly restored, the posted security will be released.
(D) Standards. The permit holder shall perform patching and restoration.
(E) Guarantees. If the permit holder performs the restoration work, the permit holder shall guarantee the work and its maintenance for 24 months following its completion. During this 24-month period, he or she shall, upon notification from the Planner, correct all restoration work to the extent necessary, using the method required by the Planner commencing the restoration work within two days of receipt of the notice and completing the restoration work within 14 days thereafter, not including days during which work cannot be done because of circumstances constituting force majeure, or days when work is prohibited as unseasonable or unreasonable in the determination of the Planner.
(F) Failure to restore. If the permit holder fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city shall notify the permit holder, in writing, of the specific alleged failure or failures, and shall allow the permit holder five business days from receipt of the written notice to cure the failure or failures, unless otherwise extended by the Planner. In the event the permit holder fails to cure, the city may, at its option, perform the necessary work, and the permit holder shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way, including all staff and administrative costs, his or her overhead, and fringe benefits. If the permit holder fails to pay as required, the city may recover its costs from the posted security.
(G) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for replacing and compacting the subgrade and aggregate based material in the excavation, and the degradation fee shall not include the cost to accomplish these responsibilities.
(Ord. 277, passed 11-13-2017)
(A) The permit holder must obtain all other necessary permits, licenses, and approvals, and pay all fees required. The permit holder shall comply with all requirements of local, state, and federal laws, including, but not limited to, M.S. §§ 216D.01 through 216D.09 (“Gopher State One-Call Excavation Notice System”), as they may be amended from time to time, and Minn. Rules Chapter 7560. A permit holder 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 its permit, regardless of who does the work. Applicants obtaining the county or State Department of Transportation excavating permits for facilities in his or her rights-of-way located within the city must provide a copy of each permit to the Planner.
(B) Except in an emergency, and with the approval of the Planner, no right-of-way excavation or obstruction may be done when seasonally prohibited, or when conditions are unreasonable for the work.
(C) A permit holder 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 unless approved by the Planner. 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 and unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit.
(D) A permit holder shall implement traffic control measures in the area of the work, and shall use traffic control procedures in accordance with the most recent manuals on uniform traffic control, traffic control devices, and traffic zone layouts published by the state.
(E) As a condition of all applicable permits, permit holders employing trenchless excavation methods, including, but not limited to, horizontal directional drilling, shall follow all requirements set forth in M.S. Chapter 216D, as it may be amended from time to time, and Minn. Rules Chapter 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the Planner, in order to determine the precise location of marked underground utilities before excavating. In addition, permit holders employing trenchless excavation methods shall not install facilities at a depth greater than four feet below grade, unless specifically approved by the Planner.
(Ord. 277, passed 11-13-2017)
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