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(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)
(A) (1) 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, or when necessary to protect the right-of-way and its current use.
(2) The Planner may deny a permit based on any of the following grounds:
(a) Failure to register pursuant to § 71.03;
(b) The applicant is subject to revocation of a prior permit issued pursuant to this chapter;
(c) The proposed schedule for work would conflict or interfere with an exhibition, celebration, festival, or any other similar event;
(d) The proposed schedule conflicts with scheduled, or total or partial, reconstruction of the right-of-way;
(e) The applicant fails to comply with the requirements of this chapter or other provisions of this ordinance;
(f) The proposed excavation within a street or sidewalk surface has been constructed or reconstructed within the preceding five years, unless the Planner determines that no other locations are feasible or that an emergency exists necessitating the excavation;
(g) The Planner determines that the right-of-way would become unduly congested with the installation of the proposed facilities and equipment associated therewith;
(h) Adjacent or nearby business or residential uses would be unreasonably disrupted; and/or
(i) The Planner determines that denial is necessary to protect the health, safety, and welfare of the public, or protect the right-of-way and its current use.
(B) 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 his or her 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.
(C) The Planner or designee may revoke a right-of-way permit without a fee refund if there is a substantial breach of the terms or conditions of any statute, this chapter, rule, or regulation, or any condition of the permit. A substantial breach of a permit holder shall include, but not be limited to, the following:
(1) The violation of any material provision of the permit;
(2) Any material misrepresentation of fact in the application for a permit;
(3) The failure to maintain the required bonds or other security and insurance;
(4) The failure to complete the work in a timely manner;
(5) The failure to correct, in a timely manner, work that does not conform to applicable standards, conditions, or codes upon inspection and notification by the city of the faulty condition;
(6) An evasion, or attempt to evade, any material provision of the right-of-way permit, or the perpetration, or attempt to perpetrate, any fraud or deceit upon the city or its citizens; and/or
(7) The failure to comply with the terms and conditions of any applicable federal, state, and local laws, rules, and regulations, including any provision of this chapter.
(D) If the Planner or designee determines that a permit holder has committed a substantial breach of a term or condition of any statute, this chapter, rule, or regulation, or any condition of the permit, the Planner shall make a written demand upon the permit holder to remedy the violation and provide proof thereof, within the period of time specified, or be subject to potential revocation of the permit. The Planner may impose additional or revised conditions on the permit to mitigate or remedy the breach.
(E) If a permit is revoked, the permit holder shall reimburse the city for its reasonable costs, including restoration costs and the costs of collection, and reasonable attorney fees incurred in connection with the revocation.
(Ord. 277, passed 11-13-2017)
(A) Each registrant shall immediately notify the Planner, in addition to Gopher State One-Call, of any event regarding his or her facilities which he or she considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. If the registrant has not been issued the required permit within two business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the permit fees, and fulfill the remaining requirements necessary to bring himself or herself into compliance with this chapter for the actions he or she took in response to the emergency.
(B) If the Planner becomes aware of an emergency regarding a registrant’s facilities, the Planner shall attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. The Planner may take whatever action deemed necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency.
(C) 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 the permit, and shall deposit with the Planner the fees requested to correct any damage to the right-of-way and to comply with all of the requirements of this chapter.
(Ord. 277, passed 11-13-2017)
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