(A) Unless otherwise regulated in this subchapter, any person shall fill out an application provided by the city for a permit to do any of the following in or on any public property under the jurisdiction of the city:
(1) Excavate, remove, or disturb existing soil;
(2) Add any material (soil, rocks, gravel, asphalt, cement, brush, grass clippings, or other materials, and the like);
(3) Remove or plant trees, shrubs, or other foliage;
(4) Erect fences or other barriers;
(5) Install culverts;
(6) Pave driveways, sidewalks, parking areas, and the like;
(7) Place retaining walls, lawn ornaments, or other decorative landscaping projects;
(8) Change the path of any existing ditch, flowage, or storm water management system; and
(9) Engage in other activities deemed by the city to be contrary to the public interest.
(B) The application shall be reviewed by the city, and, if deemed in the public interest, a permit may be issued.
(C) An application for a permit will be considered by the City Council and shall contain, and will be considered complete only upon compliance with the requirements of the following provisions:
(1) Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information:
(a) Each permittee’s name, Gopher One-Call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers;
(b) The name, address, and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of application; and
(c) A certificate of insurance or self-insurance:
1. Verifying that an insurance policy has been issued to the permittee by an insurance company licensed to do business in the State of Minnesota, or a form of self-insurance acceptable to the city;
2. Verifying that the permittee is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the public property by the permittee, its officers, agents, employees, and permittees, and placement and use of facilities and equipment on the public property by the permittee, its officers, agents, employees, and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities, and collapse of property;
3. Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all coverages;
4. Requiring that the city be notified 30 days in advance of cancellation of the policy or material modification of a coverage term;
5. Indicating comprehensive liability coverage, automobile liability coverage, and workers’ compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter; and
6. The city may require a copy of the actual insurance policies.
(2) Payment of money to the city for:
(a) Permit fees, estimated restoration costs, and other management costs;
(b) Prior obstruction or excavations;
(c) Any undisputed loss, damage, or expense suffered by the city because of applicant’s prior excavation or obstructions of public property or any emergency actions taken by the city; and
(d) Franchise fees or other charges, as may be permitted in Title XI of this code.
(Prior Code, § 4.2.5) (Ord. 2014-08, passed 11-10-2014)