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(A) Information required. Each registrant and permittee shall provide mapping information required by the city in accordance with Minn. Rules parts 7819.4000 and 7819.4100. Within 90 days following completion of any work pursuant to a permit, the permittee shall provide the Director accurate maps and drawings certifying the “as-built” location of all equipment installed, owed, and maintained by the permittee. The maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the city’s electronic mapping system, when practical or as a condition imposed by the Director. Failure to provide maps and drawings pursuant to this division (A) shall be grounds for revoking the permit holder’s registration.
(B) Service laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minn. Rules part 7560.0150 subpart 2, shall require the permittee’s use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the Director reasonably requires it. Permittees or their subcontractors shall submit to the Director evidence satisfactory to the Director of the installed service lateral locations. Compliance with this division (B) and with applicable Gopher State One Call Law and Minnesota Rules governing service laterals installed after December 31, 2005 shall be a condition of any city approval necessary for:
(1) Payments to contractors working on a public improvement project including those under M.S. Ch. 429, as it may be amended from time to time; and
(2) City approval under development agreements or other subdivision or site plan approval under M.S. Ch. 462, as it may be amended from time to time. The Director shall reasonably determine the appropriate method of providing the information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or future permits to the offending permittee or its subcontractors.
(Prior Code, § 8-11-22)
(A) Compliance with regulations. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minn. Rules parts 7819.3100, 7819.5000, and 7819.5100, to the extent the rules do not limit authority otherwise available to cities.
(B) Corridors.
(1) The city may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue.
(2) Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs, and hardship to the registrant.
(C) Nuisance. One year after the passage of this subchapter, any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition.
(D) Limitation of space. To protect health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest.
(Prior Code, § 8-11-23)
In addition to complying with the requirements of M.S. §§ 216D.01 through 216D.09 (One Call Excavation Notice System), as they may be amended from time to time, before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of all the facilities. Any registrant whose facilities are less than 20 inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation.
(Prior Code, § 8-11-24)
(A) When the city does work in the right-of-way and finds it necessary to maintain, support, or move a registrant’s facilities to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within 30 days from the date of billing.
(B) Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city’s response to an emergency occasioned by that registrant’s facilities.
(Prior Code, § 8-11-25)
(A) Discontinued operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant’s obligations for its facilities in the right-of-way under this subchapter have been lawfully assumed by another registrant.
(B) Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way, unless this requirement is waived by the city.
(Prior Code, § 8-11-28)
(A) A right-of-way user that:
(1) Has been denied registration;
(2) Has been denied a permit;
(3) Has had a permit revoked;
(4) Believes that the fees imposed are not in conformity with M.S. § 237.163, subd. 6, as it may be amended from time to time; or
(5) Disputes a determination of the Director regarding § 94.23(B) may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the City Council.
(B) The City Council shall act on a timely written request at its next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision.
(Prior Code, § 8-11-29)
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