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(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)
(A) Site inspection. The permit holder shall make the work site available to the Planner and to all others authorized by law for inspection at all reasonable times during the execution of, and upon completion of, the work.
(B) Authority of Planner.
(1) At the time of inspection, the Planner 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) The Planner may issue an order to the permit holder for any work which 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 within a stated deadline will be cause for revocation of the permit. If the violation is not corrected within the stated deadline, the Planner may revoke the permit. If the work failure constitutes a substantial breach of the terms and conditions of state law, city ordinance, rule, or regulation, or any material condition of the permit, the order shall state that failure to correct the violation, and provide proof thereof, within the period of time specified by the Planner will result in revocation of the permit.
(Ord. 277, passed 11-13-2017)
(A) Filing of appeal. Any person aggrieved by the denial of a permit application; the denial of a registration; the revocation of a permit; the application of the fee schedule imposed in an amount as set by Council from time to time; or disputes a determination of the Planner regarding the method of providing accurate information about the location of service laterals installed on the property pursuant to § 71.15(D) of this chapter, may appeal to the City Council by filing a written notice of appeal with the City Administrator. The notice must be filed within 20 days of the action causing the appeal.
(B) Notice of hearing. The City Council shall hear the appeal at its next regularly scheduled meeting, unless the time is extended by agreement of the parties. Notice of the date, time, place, and purpose of the hearing shall be mailed to the appellant.
(C) Hearing and decision. The City Council shall, at the hearing, consider any evidence offered by the appellant, the Planner, and any other person wishing to be heard. The Council shall issue a written decision within 30 days of the completion of the hearing supported by written findings.
(Ord. 277, passed 11-13-2017)
(A) Information required. Each registrant, permit holder, or any other person installing any underground facility or equipment that is now, or in the future, to be connected to the city’s underground facilities must provide to-scale engineering plans certifying the “as-built” location of all equipment installed, owned, or maintained by the registrant, permit holder, or other underground installer in a form required by the Planner. The maps and drawings must include the horizontal and vertical location of all facilities and equipment in a manner that is consistent with the city’s electronic mapping system whenever practical or when ordered by the Planner. Failure to provide the maps and drawings required by this section shall, in addition to other remedies, constitute adequate grounds for revocation of the permit holder’s registration and any permit issued under this chapter. No security required pursuant to § 71.05(I) shall be released until the information required under this section is provided. The maps and drawings must include the following information:
(1) Scaled drawings showing the exact location of all facilities and improvements installed by the applicant. The applicant will be requested to submit, in English measurement: two paper copies of 50-scale plans, and one electronic plan in AutoCAD format with X, Y, Z dimensions to one-foot accuracy. The plans must be dimensional and show all 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 in an amount as set by Council from time to time;
(2) The type and size of the utility;
(3) A description showing above-ground appurtenances;
(4) A legend explaining symbols, characters, abbreviations, scale, and other data shown on the map; and
(5) Any facilities to be abandoned, if applicable, in conformance with M.S. § 216D.04, subd. 3, as it may be amended from time to time.
(B) Submittal requirement.
(1) Within 30 days after the acquisition, installation, or construction of additional equipment or facilities, or any relocation, abandonment, or disuse of existing equipment or facilities, each registrant shall submit the mapping data required herein.
(2) Within two years after the effective date of this section, all telecommunication right-of-way users shall submit detailed plans, if available, in accordance with division (A) above, for all facilities and equipment installed, used, or abandoned within the public right-of-way.
(3) Notwithstanding the foregoing, mapping data shall be submitted by all registrants for all equipment and facilities which are to be installed or constructed after the effective date of this section at any time any permits are sought pursuant to this chapter.
(4) Six months after the effective date of this section, a new registrant or a registrant which has not submitted a plan as required under division (B)(2) above shall submit complete and accurate mapping data for all its equipment and facilities at the time any permits are sought pursuant to this chapter.
(C) Trade secret information. At the request of any registrant, information requested by the city which qualifies as “trade secret” data under M.S. § 13.37, as it may be amended from time to time, shall be treated as trade secret information as detailed therein.
(D) Service laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minn. Rules part 7560.0150, subpart 2, shall require the use of appropriate means of establishing the vertical and horizontal locations of installed service laterals, to the extent technically feasible, as determined by the Planner. Permit holders, or his or her subcontractors, must submit to the Planner evidence satisfactory to the Planner of the installed service lateral locations. Compliance with this division (D) and with applicable Gopher State One-Call Law and Minnesota Rules governing service laterals installed after December 31, 2005, shall be a condition to city approval of:
(1) Payment to contractors working on a city improvement projects, including those under M.S. Chapter 429, as it may be amended from time to time; and
(2) City approval of performance under development agreements, or other subdivision or site plan approval under M.S. Chapter 462, as it may be amended from time to time. Each utility shall utilize the appropriate means and methods of providing to the city accurate location of the newly-installed, or applicable repair to, service laterals, subject to the approval of the Planner. Failure to provide prompt and accurate information on the service laterals installed may result in the city’s withholding of applicable approvals, or in the revocation of the permit issued for the applicable work, or for future permits to the offending permit holder or his or her subcontractor.
(Ord. 277, passed 11-13-2017)
(A) Location of facilities; undergrounding. Within the city where the city determines that underground location and relocation, installation, and reinstallation of facilities in the right-of-way, or in or on other public ground, promotes the safe travel of the public over the right-of-way, the safety of homes and buildings in the vicinity, or the orderly development of the city, the city may direct that any construction and installation of new facilities, and the replacement of old facilities, shall be done underground, or contained within buildings or other structures in conformity with applicable codes. Telecommunications right-of-way users may attach equipment and facilities to existing poles and structures maintained by a service or utility service. This section is intended to be enforced consistently with state and federal law regulating right-of-way users, specifically including, but not limited to, M.S. §§ 161.45, 237.162, 237.163, 301B.01, 222.37, 238.084, and 216B.36, as they may be amended from time to time, and the Telecommunications Act of 1996, 47 U.S.C. §§ 253 et seq.
(B) Purpose. The City Council finds it is in the public interest, and necessary for the comfort and convenience of the city, that all equipment or facilities newly installed, reinstalled, located, or relocated, or newly constructed or reconstructed facilities in the public right-of-way, or in other public property, be placed underground in order to promote and preserve the health, safety, and general welfare of the public, and to assure the orderly development of the city except for antenna and pole-mounted equipment.
(C) Undergrounding required. Where directed by the city, newly installed, reinstalled, located, or relocated, or newly constructed or reconstructed facilities in the public right-of-way, or in other public property held in common for public use, must be located and maintained underground pursuant to the terms and conditions of this section, and in accordance with applicable construction standards, subject to the following exceptions: above-ground installation, construction, modification, or replacement of meters, gauges, transformers, street lighting, pad mount switches, capacitor banks, reclosers, and service connection pedestals.
(D) Exceptions to undergrounding. The following exceptions to the strict application of this section may be allowed, at the discretion of the city upon the conditions stated:
(1) Above-ground installation, construction, or placement of those facilities commonly referred to as “high voltage transmission lines” shall be allowed unless the Council requires undergrounding of the facilities after providing the right-of-way user notice and an opportunity to be heard. This provision shall not be construed as waiving the requirements of any other ordinance or regulation of the city as the same may apply to any proposed project;
(2) Above-ground installation, construction, or placement of facilities shall be allowed in residential, commercial, and industrial areas where the Council finds that:
(a) Underground placement would place an undue financial burden upon the landowner, ratepayers, or right-of-way user, or would deprive the landowner of the preservation and enjoyment of substantial property rights;
(b) Underground placement is impractical or not technically feasible due to topographical, subsoil, or other existing conditions which adversely affect underground facilities placement; or
(c) Failure to promote the purposes of undergrounding. The right-of-way user clearly and convincingly demonstrates that none of the purposes under this section would be advanced by underground placement of facilities on the project in question, or the city determines on its own review that undergrounding is not warranted based on the circumstances of the proposed undergrounding.
(3) Above-ground installation, construction, or placement of temporary service lines shall only be allowed:
(a) During new construction of any project for a period not to exceed three months;
(b) During an emergency in order to safeguard lives or property within the city; or
(c) For a period of not more than seven months when soil conditions make excavation impractical.
(E) Appeal. Within 30 days after a decision by the Planner requiring the undergrounding of utilities, equipment, or facilities, any person requesting a waiver based upon one of the foregoing exceptions may appeal to the City Council for a determination. Any appeal must be in writing and filed in the office of the City Administrator. If no timely appeal is made, the decision of the Planner shall become final.
(F) Existing utilities.
(1) The City Council may, from time to time, conduct public hearings to ascertain whether the public necessity, convenience, health, or safety requires the removal of poles and overhead lines, and associated overhead structures from some designated areas of the city. For this purpose, the city shall notify all affected property owners, as shown in the last recorded tax roll of the city affected by the utility, by mail of the time and place of the hearing at least 30 days prior to the date thereof. If, after the hearing, the City Council finds that the public necessity, convenience, health, or safety requires the removal, the Council shall, by ordinance amending this chapter, declare an area as an underground utility district.
(2) The ordinance shall include a description of the area comprising the district, and shall fix the time within which the poles and overhead lines, and associated overhead structures, must be removed, and within which affected property owners must be ready to receive underground service. The Council shall allow a reasonable time for the removal, having due regard for the availability of necessary labor, material, and equipment for the removal, and for the installation of the underground facilities as may be occasioned thereby. After the hearing described herein and adoption of the resulting ordinance, the city shall cause to be delivered to all affected persons notice of the requirements of the ordinance.
(Ord. 277, passed 11-13-2017)
(A) General.
(1) Rule. When directed by the city, a right-of-way user shall promptly and, at his or her own expense, with due regard for seasonal working conditions, permanently remove and relocate his or her facilities in the right-of-way when it is necessary to prevent interference, and not merely for the convenience of the city, in connection with:
(a) A present or future city use of the right-of-way for a public project;
(b) The public health or safety; or
(c) The safety and convenience of travel over the right-of-way.
(2) Restoration. The registrant shall restore any rights-of-way to the condition it was in prior to removal and relocation. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minn. Rules parts 7819.3100, 7819.5000, and 7819.5100, to the extent the rules do not limit authority otherwise available to cities.
(B) Relocation schedule notification procedure. The Planner shall notify the registrant or permit holder at least three months in advance of the need to relocate existing facilities. The Planner shall provide a second notification to the registrant or permit holder one month before the date by which the relocation must be completed. To the extent technically feasible, all utilities must be relocated within one month or in a time frame determined by the Planner.
(C) Delay to city project. If the owner fails to meet the relocation schedule due to circumstances within the utility’s control, the city may charge the utility owner for all costs incurred by the city because the relocation is not completed in the scheduled time frame.
(D) Joint trenching. All facilities shall be placed in appropriate portions of the right-of-way so as to cause minimum conflict with other underground facilities. When technically appropriate and no safety hazards are created, all utilities shall be installed, constructed, or placed within the same trench. Notwithstanding the foregoing, gas and electric lines shall be placed in conformance with Minn. Rules part 7819.5100, subd. 2, governing safety standards.
(E) Corridors. The city may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that are or, pursuant to current technology, the city expects will be, located within the right-of-way.
(1) All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. A typical crossing section of the location for utilities may be on file at the Planner’s office. This section is not intended to establish “high density corridors”.
(2) Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city may remain at that location until the city requires facilities relocation to the corridor pursuant to relocation authority granted under Minn. Rules part 7819.3100 or other applicable law.
(F) Limitation of space. To protect the public health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making the decisions, the city shall strive, to the extent possible, to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest.
(Ord. 277, passed 11-13-2017)
In addition to complying with the requirements of M.S. §§ 216D.01 through 216D.09 (“One-Call Excavation Notice System”), as they may be amended from time to time, and Minn. Rules part 7560.0150, before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall be responsible to mark the horizontal placement of all the facilities, to the extent technically feasible. To the extent his or her records contain the information, each registrant shall provide information regarding the approximate vertical location of his or her facilities to excavators upon request. Nothing in this section is meant to limit the rights, duties, and obligations of the facility owners or excavators as set forth in M.S. §§ 216D.01 through 216D.09, as they may be amended from time to time.
(Ord. 277, passed 11-13-2017)
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