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(A) Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the city to do so.
(1) Excavation permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein.
(2) Obstruction permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project.
(B) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless:
(1) Such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit; and
(2) A new permit or permit extension is granted.
(C) Delay penalty. In accordance with Minn. Rules 7819.1000, Subd. 3 and notwithstanding division (B) of this Section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by City Council resolution.
(D) Permit display. Permits issued under this subchapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city.
(Ord. 7517, passed 10-20-2009)
Application for a permit is made to the city. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions:
(A) Registration with the city pursuant to this subchapter;
(B) Submission of a completed right-of-way permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities;
(C) Payment of money due the city for:
(1) Permit fees, estimated restoration costs and other management costs;
(2) Prior obstructions or excavations;
(3) Any undisputed loss, damage, or expense suffered by the city because of applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; and
(4) Franchise fees or other charges, if applicable.
(D) Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing.
(E) Posting an additional or larger construction cash deposit or letter of credit for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards.
(Ord. 7517, passed 10-20-2009)
(A) Permit issuance. If the applicant has satisfied the requirements of this subchapter, the city shall issue a permit.
(B) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use.
(Ord. 7517, passed 10-20-2009)
§ 96.11 PERMIT FEES.
(A) Excavation permit fee. The city shall establish an excavation permit fee in an amount sufficient to recover the following costs:
(1) The city management costs;
(2) Degradation costs, if applicable; and
(3) Escrow fee to secure the payment of city “out of pocket” expenses.
(B) Obstruction permit fee. The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover the city management costs.
(C) Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees within 30 days of billing.
(D) Non-refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in § 96.21 are not refundable.
(E) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise.
(Ord. 7517, passed 10-20-2009)
(A) Timing. 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, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under § 96.15.
(B) Patch and restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself.
(1) City restoration. If the city elects to restore the right-of-way, permittee shall make the restoration and pay the costs thereof within 30 days of billing. If, following such restoration, the pavement settles due to permittee’s improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with correcting the defective work.
(2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn. Rules 7819.3000.
(3) 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 patching and the degradation fee shall not include the cost to accomplish these responsibilities.
(C) Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the City and shall comply with Minn. Rules 7819.1100.
(D) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. The work shall be completed within five 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 unseasonable or unreasonable under § 96.15.
(E) 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 restoration required by the city, the city at its option may do such work. In that event the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond.
(F) (1) Installation of tracer wire. Utilities installed in the right-of-way shall be completely marked with a tracer wire placed directly above or in conjunction with the installed utility at the developer’s expense. Burial depth shall be within six to 18 inches of final grade. In addition the termination points where the utility crosses in, to and out of the right-of-way shall have buried pins or markers, both of which shall be detectable with a magnetic locator. At least one of these markers shall be a tracer wire access box with termination points for the tracer wire. A minimum of 12 inches of tracer wire shall be accessible above the termination box upon removal of the tracer wire access box cap. Tie points to permanent structures shall be submitted and GPS coordinates in the Washington County coordinate system shall be supplied. Acceptable tracer wire and termination boxes shall be the following or equivalent as determined by the city.
(a) Direct Burial #12 A WG Solid (.0808" diameter), steel core soft drawn high strength tracer wire, 380# average tensile break load, 30 mil high molecular weight-high density color coded polyethylene jacket complying with ASTM-D-1248, 30 volt rating.
(b) Valvco cast iron head tracer wire access box.
(2) Access box shall be placed near final grade with no more than a layer of sod above the access cap. If water and sewer are in a common trench, a single tracer wire access box may be used above the water line with details on the tie card of the offset to the sewer pin and the sewer trace wire following the right of way border to the location pin for the sewer line. A written plan and sketch shall be submitted prior to installation identifying the location and mitigation measure that will be required. A deposit of $1,000 shall be held by the city until compliance with location requirements are met. Additional deposits will be required and held by the city for any project which has the potential to impact city-owned infrastructure. This includes any cuts or borings in, to, or under city streets, trails or storm drainage areas. This may, at the city’s discretion, also be required when equipment will be traversing city infrastructure.
(3) A separate permit for utility tie-in and inspections is required for connections to existing city utilities. All utility access charges must be current before a permit for connection will be issued. Complex connections involving items such as wet taps, looped lines, fire flow lines, new wyes, or shut off of services will incur additional costs.
(Ord. 7517, passed 10-20-2009)
(A) Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time.
(B) Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the city does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications.
(C) With city projects. Registrants, who join in a scheduled obstruction or excavation performed by the city, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee, but a permit would still be required.
(Ord. 7517, passed 10-20-2009)
(A) Limitation on area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area:
(1) Make application for a permit extension and pay any additional fees required thereby; and
(2) Be granted a new permit or permit extension.
(B) Limitation on dates.
(1) A right-of-way permit is valid only for the dates specified in the permit.
(2) No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date.
(Ord. 7517, passed 10-20-2009)
(A) Compliance with other laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including but not limited to M.S. §§ 216D.01-.09 (Gopher One Call Excavation Notice System) and Minn. Rules Ch. 7560. A permittee 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.
(B) Prohibited work. Except in an emergency, and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work.
(C) Interference with right-of-way. A permittee 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. 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 or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit.
(D) Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to horizontal directional drilling, shall follow all requirements set forth in M.S. Ch. 216D and Minn. Rules Chapter 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the Director.
(Ord. 7517, passed 10-20-2009)
The city may deny a permit for failure to meet the requirements and conditions of this subchapter 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.
(Ord. 7517, passed 10-20-2009)
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