Section
General Provisions
95.01 Findings, purpose, and intent
95.02 Election to manage the public rights-of-way
95.03 Definitions
Administration
95.15 Administration
95.16 Utility Coordination Committee
95.17 Registration and right-of-way occupancy
95.18 Registration information
95.19 Reporting obligations
Permits
95.30 Permit requirement
95.31 Permit applications
95.32 Issuance of permit; conditions
95.33 Action on small wireless facility permit applications
95.34 Permit fees
95.35 Right-of-way patching and restoring
95.36 Joint application
95.37 Supplemental applications
95.38 Other obligations
95.39 Denial or revocation of permit
95.40 Installation requirements
95.41 Inspection
95.42 Work done without a permit
95.43 Supplementary notification
95.44 Revocation of permits
95.45 Mapping data
95.46 Location and relocation of facilities
95.47 Pre-excavation facility and facilities location
95.48 Damage to other facilities
95.49 Right-of-way vacation
95.50 Indemnification and liability
95.51 Abandoned and unusable facilities
95.52 Appeal
95.53 Reservation of regulatory and police powers
95.54 Severability
GENERAL PROVISIONS
(A) To provide for the health, safety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights of way, the city strives to keep its rights of way in a state of good repair and free from unnecessary encumbrances.
(B) Accordingly, the city hereby enacts this new chapter of this code relating to right of way permits and administration. This chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights of way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons excavating and obstructing the rights of way will bear financial responsibility for their work. Finally, this chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights of way.
(C) This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and 2017 Minn. Laws, Ch. 94, Art. 9, amending the Act, and the other laws governing applicable rights of the city and users of the right-of-way. This chapter shall also be interpreted consistent with Minn. Rules Parts 7819.0050-7819.9950 and Minn. Rules, Chapter 7560 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public.
(Prior Code, § 48-1) (Ord. 299, passed 5-11-1999; Am. Ord. 579, passed 1-9-2018)
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