(A) All construction of driveways, approaches, culverts, and other activities in city rights-of-way undertaken after the date of enactment of this section, must comply with the terms of this section.
(B) Purpose. The purpose of this section is to promote the public safety, the general welfare of the community and to enforce the goals and policies of the city. This section applies to the construction or modification of private driveways located within the city that provide access to buildings or lots constructed or to be constructed after the effective date of this section.
(C) Definitions.
DRIVEWAY. A road or path giving access from a public highway, street or road to one or more lots, dwelling units, accessory buildings, or commercial buildings located or to be constructed on adjacent lands.
FIELD APPROACH. A path or access route from a public road to an adjacent field or parcel.
(D) Permit required.
(1) That all persons seeking to construct a new driveway, new field approach or to convert an existing field approach to a driveway must apply for and obtain a driveway/culvert permit from the Red Lake Watershed District prior to commencing construction. Only one driveway access or field approach to the property shall be allowed without the permission of the city.
(2) All culverts shall be appropriately sized by the Red Lake Watershed District. Flared ends may be required. All culverts shall be new and be constructed of galvanized steel or double walled plastic piping which meets the approval of the Red Lake Watershed District.
(3) No driveway/culvert permits shall be issued to persons not in compliance with the terms of this section.
(E) Conditions of permit. No work under this provision is to be started until the city and the Red Lake Watershed District or its designee approves the access driveway or entrance permit application and all applicable fees and escrow deposits have been received by the city. All work performed by the applicant covered by this section shall comply with all specifications:
(1) Private driveways will be at least 20 feet wide, and not more than 28 feet wide, at the intersection with the city road. Only one driveway shall be allowed per parcel, unless an additional driveway is specifically approved by the city.
(2) All culverts shall be appropriately sized by the Red Lake Watershed District. Flared ends may be required. All culverts shall be new and shall be constructed of galvanized steel.
(3) The Red Lake Watershed District shall set the location, placement specifications and invert of the culvert and shall specify construction requirements.
(4) The applicant shall allow such persons as the city or the Red Lake Watershed District shall designate to enter onto their property to inspect prior to the issuance of the permit, during the progress of the work and the finished work.
(5) The applicant shall be responsible for the cost of and installation of the culvert.
(6) Dirt or debris are not allowed on city streets/roads and shall be removed within 24 hours of placement or notice to do so, whichever is earlier. If an applicant fails to comply with this section, the city may remove the dirt or debris itself and the cost may be assessed to the offending property owner pursuant to M.S. § 429.101.
(7) The roadside must be cleaned after work is completed and restored to a condition similar to that prior to construction.
(8) Applicant shall be responsible for cleaning, maintenance and replacement of any damaged or failed culvert installed under this section. Should applicant fail to comply with this requirement, the city may assess the cost of any maintenance, cleaning or replacement to the applicant pursuant to M.S. § 429.101.
(9) If any excavation is to take place, "Gopher State One Call" is to be notified at (800) 252-1166 prior to start of construction.
(10) All private driveway connections, including structures like culverts, remain the continuing responsibility of the landowner, even if located within the city right-of-way. It is immaterial whether the driveway connection pre-dates the city ordinance's Red Lake Watershed District permit system. If any driveway connection threatens the integrity of the city street or roadway due to plugged or failing culverts, erosion, siltation, and the like, the city or its designee can require the land owner to repair it. If the land owner refuses to effectuate such repairs, then the city may perform the work and assess the costs to the land owner pursuant to M.S. § 429.101.
(F) Violation. In the event of a violation of this section, the city may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct or abate such violations.
(Ord. 37.07, passed 1-23-2023; Am. Ord. 37.07, passed 11-27-2023)