(A) Each person which occupies, uses or seeks to occupy or use, the right-of-way or any equipment located in the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have, equipment located in any right-of-way must register with the city. Registration will consist of providing application information to and as required by the city, paying a registration fee and posting a performance and restoration bond.
(B) The performance and restoration bond required shall be in an amount determined in the city’s sole discretion, sufficient to serve as security for the full and complete performance of the obligations under this chapter, including any costs, expenses, damages or loss the city pays or incurs because of any failure to comply with this chapter or any other applicable laws, regulations or standards. During periods of construction, repair or restoration of rights-of-way or equipment in rights-of-way, the performance and restoration bond shall be in an amount sufficient to cover 100% of the estimated cost of such work, as documented by the person proposing to perform such work, or in such lesser amount as may be determined by the city, taking into account the amount of equipment in the right-of-way, the location and method of installation of the equipment, the conflict or interference of such equipment with the equipment of other persons and the purposes and policies of this chapter. Sixty days after completion of the work, the performance and restoration bond may be reduced in the sole determination of the city.
(C) No person shall construct, install, repair, remove, relocate or perform any other work on, or use any equipment or any part thereof located in any right-of-way without first being registered with the city.
(D) Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens or in the area of right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits to satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this chapter. However, excavations deeper than 12 inches are subject to permit requirements. However, nothing herein relieves a person from complying with the provisions of M.S. Ch. 216D, Gopher One Call Law, as it may be amended from time to time.
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)