Skip to code content (skip section selection)
Compare to:
Lindstrom Overview
Lindstrom, MN Code of Ordinances
Loading...
§ 90.06 PERMIT FEES.
   Permit fees shall be in an amount as established by from time to time by Council resolution, as it may be amended from time to time.
   (A)   Excavation permit fee. The city shall establish an excavation permit fee as established by from time to time by Council resolution, as it may be amended from time to time, in an amount sufficient to recover the following costs:
      (1)   The city management costs; and
      (2)   Degradation costs, if applicable.
   (B)   Obstruction Permit Fee. The city shall establish the obstruction permit fee as established by from time to time by Council resolution, as it may be amended from time to time, 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 those fees within 30 days of billing.
   (D)   Non-refundable. Permit fees as established by from time to time by Council resolution, as it may be amended from time to time, that were paid for a permit that the City Administrator, Utilities Superintendent or other person designated by the Council has revoked for a breach as stated in § 90.14 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.
   (F)   All permit fees shall be established consistent with the provisions of Minn. Rules part 7819.100, as it may be amended from time to time.
§ 90.07 RIGHT-OF-WAY PATCHING AND RESTORATION.
   (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 this subchapter.
   (B)   Patch and restoration. The 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 restores the right-of-way, the permittee shall pay the costs thereof within 30 days of billing. If following the restoration, the pavement settles due to the permittee’s improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with having to correct the defective work.
      (2)   Permittee restoration. If the permittee restores the right-of-way itself, it may be required at the time of application for an excavation permit to post a construction performance bond or a deposit in accordance with the provisions of Minn. Rules part 7819.3000, as it may be amended from time to time.
   (C)   Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rules part 7819.1100, as it may be amended from time to time. The City Administrator, Utilities Superintendent or other person designated by the Council 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.
   (D)   Duty to correct defects. The permittee shall correct defects in patching, or restoration performed by the permittee or its agents. The permittee upon notification from the City Administrator, Utilities Superintendent or other person designated by the Council, shall correct all restoration work to the extent necessary, using the method required by the City Administrator, Utilities Superintendent or other person designated by the Council. The work shall be completed within five calendar days of the receipt of the notice from the City Administrator, Utilities Superintendent or other person designated by the Council, 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 this subchapter.
   (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 Administrator, Utilities Superintendent or other person designated by the Council, or fails to satisfactorily and timely complete all restoration required by the City Administrator, Utilities Superintendent or other person designated by the Council, the City Administrator, Utilities Superintendent or other person designated by the Council at his or her option may do the 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 the permittee fails to pay as required, the city may exercise its rights under the construction performance bond.
   (F)   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 as established by from time to time by Council resolution, as it may be amended from time to time. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities.
§ 90.08 SUPPLEMENTARY APPLICATIONS.
   (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 make application for a permit extension and pay any additional fees required thereby, and be granted a new permit or permit extension.
   (B)   Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. 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.
§ 90.09 DENIAL OF PERMIT.
   The city may deny a permit for failure to meet the requirements and conditions of this chapter 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.
§ 90.10 INSTALLATION REQUIREMENTS.
   The excavation, backfilling, patching and restoration, and all other work performed in the right-of- way shall be done in conformance with Minn. Rules part 7819.1100, as it may be amended from time to time and other applicable local requirements, in so far as they are not inconsistent with M.S. §§ 237.162 and 237.163, as they may be amended from time to time.
§ 90.11 INSPECTION.
   (A)   Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minn. Rules part 7819.1300, as it may be amended from time to time.
   (B)   Site inspection. The permittee shall make the work-site available to city personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work.
   (C)   Authority of City Administrator, Utilities Superintendent or other person designated by the Council.
      (1)   At the time of inspection, the City Administrator, Utilities Superintendent or other person designated by the Council 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 City Administrator, Utilities Superintendent or other person designated by the Council may issue an order to the permittee 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 will be cause for revocation of the permit. Within ten days after issuance of the order, the permittee shall present proof to the City Administrator, Utilities Superintendent or other person designated by the Council that the violation has been corrected. If proof has not been presented within the required time, the City Administrator, Utilities Superintendent or other person designated by the Council may revoke the permit pursuant to § 90.14.
§ 90.12 WORK DONE WITHOUT A PERMIT.
   (A)   Emergency situations.
      (1)   Each person with facilities in the right-of-way shall immediately notify the city of any event regarding its facilities which it considers to be an emergency. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency, the owner shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency.
      (2)   If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency.
   (B)   Non-emergency situations. 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, pay double all the other fees required by this code, deposit with the city the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this chapter.
Loading...