The following procedures will apply except to the extent they are in conflict with Minnesota Rules 7819.0050 - 7819.9950 or other applicable statutes, rules, and ordinances.
A. Care Of Excavated Material: All excavated material piled adjacent to the trench or in any street shall be maintained in such a manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using the streets and adjoining property. The City may require the permittee to remove the excavated material from the work site. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements (permits, plans, etc.) for all required storage and disposal sites.
B. Noise, Dust And Debris: Each permittee shall conduct and carry out work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the permittee shall take appropriate measures to reduce, to the full extent practicable, noise, dust and unsightly debris. Between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., the permittee shall not use, except with the express written permission of the City, or in case of an emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.
C. Breaking Through Pavement (Except If Inconsistent With Subsection 8-4-12C Of This Chapter):
1. Heavy-duty pavement breakers may be prohibited by the City when their use may endanger existing substructures or other property.
2. Sections of sidewalks shall be removed to the nearest score line or joint.
3. Unstable pavement shall be removed over undermined areas and over breaks and the restoration shall be treated as part of the main excavation.
4. Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench.
5. Cutouts outside the trench lines must be normal or parallel to the trench line.
6. Boring or other methods to prevent cutting of pavement may be required.
D. Clearance For Emergency Facilities: The work shall be performed and conducted so as not to unreasonably interfere with access to fire hydrants, fire stations, fire escapes and any other emergency facilities designated by the City.
E. Relocation And Protection Of Utilities: The permittee shall notify the owners of all facilities in the area a minimum of forty eight (48) hours prior to excavating or initiating work. The permittee shall not interfere with any existing facility without the written consent of the City and the owner of the facility. If it becomes necessary to relocate an existing facility, this shall be done by its owner or designee. No facility owned by the City shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned facilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the facility. The permittee shall support and protect all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across said work until final backfill consolidation is obtained. The permittee shall secure approval of the method of support and protection from the owner of the facility. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee. It is the intent of this subsection that the permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage and such assumption of liability is a contractual obligation of the permittee. The only exception will be such instances where damage is exclusively due to the negligence of the owning utility. The City shall not be a party to any action because of this subsection. The permittee shall inform itself as to the existence and vertical as well as horizontal location of all underground facilities within the excavation area by exposing prior to machine digging and protect the same against damage.
F. Boulevards: When an excavation occurs in a boulevard, including the sidewalk, the permittee must notify, in writing, the properties adjacent to the area of work prior to commencement of work, in front of their properties. The form of the notice and manner of distributing the notice must be approved by the Engineering Department Director of the City or his or her designee. (Ord. 2018-03, 2-26-2018)
G. Standards For Wireless Telecommunication Facilities:
1. Purpose: The City desires high quality wireless communication services to accommodate the needs of residents and businesses. At the same time, the City strives to minimize the negative impacts that wireless telecommunication facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited right-of-way, the City also strives to avoid unnecessary encumbrances within the public right-of-way. The City allows and regulates wireless telecommunication facilities outside of the public right-of-way through performance standards and height limits as described in title 10, chapter 17, article D of this Code. The purpose of this subsection G is to regulate wireless telecommunication facilities within the public right-of-way in a manner that balances desire for service with aesthetic, public safety and right-of-way flexibility concerns.
2. Wireless Telecommunication Facilities As Pole Attachments: Wireless telecommunication facilities that comply with the following requirements may be attached to existing public utility structures within the right-of-way after issuance of a wireless telecommunications permit.
a. The wireless telecommunication facility shall include ground mounted equipment within the existing right-of-way limits as provided in subsection G4 of this section.
b. The wireless telecommunication facility shall not interfere with public safety communications.
c. Wireless telecommunication facilities in the right-of-way shall be removed and relocated at City request as provided by Minn. R. 7819.3100, as may be amended.
d. The wireless telecommunication facility shall not block light emanating from the public utility structure and shall not otherwise interfere with the original use of the public utility structure.
e. The wireless telecommunication facility installation must comply with all permit terms and conditions.
3. Wireless Telecommunication Facilities As Pole Extensions Or With Ground Mounted Equipment: Wireless telecommunication facilities that require increased public utility structure height or that have ground mounted equipment may be erected in the public right-of-way only when in compliance with the following provisions and after issuance of a wireless telecommunications permit.
a. If feasible and desirable, as determined by the Engineering Department Director or designee, the replacement public utility structure shall match the original and surrounding public utility structures in materials and color.
b. The wireless telecommunication facility shall not interfere with public safety communications.
c. The wireless telecommunication facility installation must comply with all permit terms and conditions.
4. Permit; Conditions: A wireless telecommunications permit application that has ground mounted equipment will be issued only if the Engineering Department Director or designee finds the following:
a. The ground mounted equipment will not disrupt traffic or pedestrian circulation;
b. The ground mounted equipment will not create a safety hazard; and
c. The ground mounted equipment will not adversely impact the health, safety or welfare of the community.
5. Performance Standards: Ground mounted equipment associated with the wireless telecommunication facility shall meet the following performance standards:
a. Ground mounted equipment located outside the public right-of- way shall conform with the requirements of title 10, chapter 17, article D of this Code; and
b. Vegetative or other screening compatible with the surrounding area shall be provided around the ground mounted equipment if deemed necessary by the Engineering Department Director or designee.
6. Removal; Relocation: Wireless telecommunication facilities in the right-of-way shall be removed and relocated upon notification from the City as provided by Minn. R. 7819.3100, as may be amended.
7. New Poles: The erection in the right-of-way of a new pole to support wireless telecommunication facilities is allowed in a manner consistent with Minnesota Statutes section 237.163, subdivision 3c(a), as may be amended.
8. Applications For Permit: A wireless telecommunications right- of-way permit must be submitted along with a signed copy of the wireless telecommunications right-of-way terms and conditions for permit approval. Once the permit application packet has been submitted with all supporting documentation as outlined in section 8-4-9 of this chapter, the City will approve or deny the permit.
9. Charges: In addition to the permit fees outlined in section 8-4-11 of this chapter, the City reserves the right to charge telecommunication providers for their use of the public right-of- way to the extent that such charges are allowed under State law. (Ord. 2019-01, 1-28-2019)
H. Boulevard Rain Gardens And Plantings: It is the purpose and intent of the City to allow property owners to plant and maintain boulevard areas adjoining their property in a manner which enhances and improves the treatment of stormwater and/or the aesthetic appearance of City streets and avenues subordinate to the need to use the right-of-way for public purposes. All boulevard rain gardens and plantings that require excavation of material for installation must also comply with the provisions of section 8-4-6 of this chapter.
BOULEVARD: Shall mean the public right-of-way lying between the property line and sidewalk, and between the sidewalk and the roadway, or where no sidewalk exists, between the property line and the roadway.
BOULEVARD PLANTINGS: Means plantings other than turf that do not meet the definition of a boulevard rain garden.
BOULEVARD RAIN GARDENS: Means a stormwater treatment practice consisting of a landscaped depressed area that can accept stormwater runoff from impervious surfaces and allow it to infiltrate into and/or through the soil below as defined by the Minnesota Pollution Control Agency and/or the Environmental Protection Agency.
NOXIOUS WEEDS: Means annual, biennial and perennial plants which are deemed to be injurious to public health, environment, public roads, crops, livestock and other property as specified by State or local laws, regulations, rules and guidelines.
1. Boulevard Rain Gardens And Plantings Permitted: A property owner in the City shall be permitted to plant, care for, and maintain boulevard rain gardens or plantings adjacent to their property subject to the restrictions set forth below along with all requirements and restrictions outlined by the EPA and the MPCA Stormwater Manual.
a. Boulevard rain gardens and plantings, in compliance with section 8-4-8 of this chapter, shall be permitted. The Engineering Department shall prepare and manage a permit system, including appropriate terms, conditions, and specifications, for boulevard rain gardens and plantings except for those authorized as part of a City project. Boulevard rain gardens and plantings may not be installed until a permit is issued.
b. All boulevard rain gardens must be designed by a licensed landscape architect or professional engineer.
c. Boulevard rain gardens and plantings must be maintained with no encroachment or overhang onto the sidewalk, curb, or street area.
d. Boulevard rain gardens and plantings may include flowers and other plants, but in no event, shall any noxious weed be planted or maintained.
e. No boulevard rain garden or planting may be constructed or planted without written documentation that the property owner has arranged for utility location at least forty eight (48) hours before excavation, has received all necessary permits and approvals as outlined in section 8-4-6 of this chapter, and has planned plantings which will not interfere with utilities. If relocation of utilities is required to comply with standards for bury depths for underground utilities (MN Rules 7819.5000), and to protect utility boxes and structures from damage due to inundation, the cost of relocation shall be the responsibility of the permittee.
2. Compliance Requirements: The Engineering Department and/or Public Works Department shall have the authority to investigate boulevards to determine compliance with this section. For any property deemed to be in violation, the City shall give notice of the alleged violation to the property owner following the procedures set forth in section 1-4-2 of this Code. The Engineering Department may additionally determine whether boulevard rain gardens or plantings otherwise in compliance with this section nonetheless pose a public nuisance or hazard and may take action to abate such nuisance or hazard.
3. Boulevard Restoration: Notwithstanding the foregoing, all boulevards remain public property and subject to the right of the City and permitted utility owners to perform necessary work; to plant, trim and otherwise maintain trees; to access, install and maintain utilities; and to store excess snow. In the event the City or permitted utility owners interfere with boulevard rain garden or plantings in the course of such work, the City or utility owners shall be responsible only to restore the boulevard to a grassy state. In no event shall the City or utility owners be liable for any damage to, disruption of, or removal of boulevard rain gardens or plantings, either direct or indirect, as a result of the City or permitted private utilities performing any installation, maintenance, or repairs in the public right-of- way. The City shall have the right to remove or restrict any boulevard rain gardens or plantings that are deemed to interfere with the safety of pedestrians and motorists or City or private utility maintenance operations or other authorized use of the right-of-way. (Ord. 2018-10, 6-25-2018)