A. General Requirements: The excavation, backfilling, patching and restoration, and all other work performed in the right-of- way, shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and shall conform to MnDOT standard specifications and other applicable local requirements, insofar as they are not inconsistent with Minnesota Statutes sections 237.162 and 237.163, as may be amended from time to time.
B. Installation Requirements:
1. Installation of service laterals shall be performed in accordance with Minnesota Rules chapter 7560 and this chapter. Service lateral installation is further subject to those requirements and conditions set forth by the City in the applicable permits and/or agreements referenced in subsection 8-1-20H of this chapter.
2. The City will generally require small utilities to be installed within five feet (5') of concrete roadway features such as curbs and sidewalks or within five feet (5') of the right-of-way line where no such features exist. The City will generally require any trees or shrubs permitted in the right- of-way to be at least five feet (5') from curbs, walks, or roadways.
C. Restoration Of Rights-Of-Way:
1. Timing: The work to be done under the permit, and the 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 constituting force majeure or when work was prohibited as unseasonal or unreasonable under subsection 8-1-25B of this chapter, all in the sole determination of the City. In addition to repairing its own work, the permittee must restore the general area of the work and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for twenty four (24) months thereafter.
2. Repairs And Restoration; Costs: In its application for an excavation permit, the permittee may choose to have the City restore the right-of-way. In any event, the City may determine to perform the right-of-way restoration and shall require the permittee to pay a restoration fee to provide for reimbursement of all costs associated with such restoration. In the event the permittee elects not to perform restoration, the City may, in lieu of performing the restoration itself, impose a fee to fully compensate for the resultant degradation as well as for any and all additional City costs associated therewith. Such fee for degradation shall compensate the City for costs associated with a decrease in the useful life of the right-of-way caused by excavation and shall include a restoration fee component. Payment of such fee does not relieve a permittee from any restoration obligation.
a. City Restoration: If the City restores the right-of-way, the permittee shall pay the costs thereof within thirty (30) days of billing. If, during the twenty four (24) months following such restoration, the right-of-way settles due to the permittee's excavation or restoration, the permittee shall pay to the City, within thirty (30) days of billing, the cost of repairing said right-of-way.
b. Permittee Restoration: If the permittee chooses at the time of application for an excavation permit to restore the right- of-way itself, such permittee shall post an additional performance and restoration bond in an amount determined by the City to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition. If, twenty four (24) months after completion of the restoration of the right- of-way, the City determines that the right-of-way has been properly restored, the surety on the performance and restoration bond posted pursuant to this subsection C2b shall be released.
3. Repair And Restoration Standards: The permittee shall perform the work according to the standards and with the materials specified by the City. The City shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case by case basis. The City, in exercising this authority, shall be guided, but not limited, by the following standards and considerations:
a. The number, size, depth and duration of the excavations, disruptions or damage to the right-of-way;
b. The traffic volume carried by the right-of-way;
c. The character of the neighborhood surrounding the right-of- way;
d. The pre-excavation condition of the right-of-way;
e. The remaining life expectancy of the right-of-way affected by the excavation;
f. Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance or damage to the right-of-way; and
g. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right- of-way that would otherwise take place.
4. Guarantees: By choosing to restore the right-of-way itself, the permittee guarantees its work and shall maintain it for twenty four (24) months following its completion. During this twenty four (24) month period, it shall, upon notification from the City, correct all restoration work to the extent necessary, using the method required by the City. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under subsection 8-1-25B of this chapter, all in the sole determination of the City.
5. Failure To Restore: If the permittee 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 repairs required by the City, the City, at its option, may perform or cause to be performed such work. In that event, the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If the permittee fails to pay as required, the City may exercise its rights under the performance and restoration bond.
D. Delay Penalty: The City may establish and impose a charge or penalty for unreasonable delays in excavations, obstructions, or restoration. (Ord. 186, 4-11-2019)