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REGULATIONS; ADMINISTRATION
(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 extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonable or unreasonable under § 51.47 of this chapter.
(B) Temporary surfacing, patch and restoration. The permittee shall patch its own work.
(1) County restoration. If the county restores any part of the right-of-way, the permittee shall pay the costs thereof within 30 days of billing. If, the county restores only the surface of the right-of-way and during the 24 months following such restoration, the pavement settles, the permittee shall pay to the county, within 30 days of billing, all costs related to restoring the right-of-way or associated with having to correct the defective work, which may include removal and replacement of any or all work done by the permittee. These costs shall include administrative, overhead mobilization, material, labor and equipment.
(2) Permittee restoration. If the permittee restores the right-of-way itself, it shall, at the time of application for a permit, post a construction performance bond in an amount determined by the Director to be sufficient to cover the cost of restoration. If, within 24 months after completion of the restoration of the right-of-way, the Director determines that the right-of-way has been properly restored, the surety on the construction performance bond shall be released. The County Board shall establish, by resolution, a schedule of construction performance bond amounts for use under this chapter.
(3) Degradation fee and patching in lieu of restoration to PUC standards. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee at the county’s discretion. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities.
(C) Standards. The permittee shall perform temporary surfacing, patching and restoration including backfill, compaction and landscaping according to the standards and with the materials specified by the Director. The Director 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. The Director in exercising this authority shall comply with PUC standards for right-of-way restoration (see PUC Rules 7819.990 to 7819.9950) and require conformance to MN/DOT standard specifications and local government specifications and drawing and shall further be guided by the following considerations:
(1) The number, size, depth and duration of the excavations, disruptions or damage to the right-of-way;
(2) The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way;
(3) The pre-excavation condition of the right-of-way; the remaining life-expectancy of the right-of-way affected by the excavation;
(4) Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance or damage to the right-of-way; and
(5) The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place.
(D) Guarantees.
(1) The permittee guarantees its work and shall maintain it for 24 months following its completion. During this 24-month period, it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the Director. Said work shall be completed within five calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under § 51.48 of this chapter.
(2) The permittee shall correct defects in patching, or restoration performed by permittee or its agents. The permittee, upon notification from the county, shall correct all restoration work to the extent necessary, using the method required by the county. Said work shall be completed within five calendar days of the receipt of the notice from the county, 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 § 51.48 of this chapter.
(E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the Director, at his or her option, may do such work. In that event the permittee shall pay to the county, within 30 days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the county may exercise its rights under the construction performance bond.
(Ord. 06-01, passed 4-4-2006)
(A) Joint installation. Registrants may jointly install facilities for excavation or obstruction of the right-of-way at the same place and time.
(B) With county construction projects. Registrants who join in a scheduled utility installation or obstruction or excavation coordinated with a county construction project by the Director, whether or not it is a joint installation by two or more registrants or a single installation, are not required to pay the permit fee, however, a permit is still required.
(Ord. 06-01, passed 4-4-2006)
(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:
(1) Make application for a permit extension and pay any additional fees required thereby; and
(2) 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 an extension of time and receive the approval of the county, in writing, before proceeding with further work. This supplementary application must be done before the permit end date. Permit applications for non-emergency work shall be submitted a minimum of three weeks prior to the planned start of work. Notwithstanding, if a person is in good standing with the county, and a situation arises that non-emergency work needs to be done sooner than the person can make proper application, the county may grant verbal approval to begin work. In such case, the required permit application shall be submitted within two business days of the verbal approval.
(Ord. 06-01, passed 4-4-2006)
(A) Compliance with other laws. The applicant must notify and obtain a permit from any township or city through which it passes if said township or city so requires. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the county or other applicable rule, law or regulation. The permittee shall comply with other local codes and with road load restrictions. A permittee shall comply with all requirements of local, state and federal laws, including M.S. §§ 216D.01 through 216D.09 (“Gopher One Call Excavation Notice System”), as they may be amended from time to time. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work.
(B) Prohibited work. Except in an emergency, and with the approval of the county, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. No open cutting of the bituminous roadway shall be allowed without prior approval from the county. If such approval is granted, it shall not occur between November 15 and April 1 of any given year.
(C) Interference with right-of-way.
(1) A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters, culverts, ditches tiles or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with county or applicable township or city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit.
(2) Traffic control shall conform to the Minnesota Manual on Uniform Traffic-Control Devices, including the Temporary Traffic-Control Zones Field Manual and any directions of the County Engineer.
(D) Verify location of facility.
(1) At the written request of the county, a person shall determine the exact location of their facility, both vertically and horizontally, by means of “potholing” or some other acceptable method, to expose the facility. Reasons to verify shall include, but are not limited to, the following:
(a) To verify that the facility was installed at the proper depth and horizontal location per the permit; and
(b) To verify actual depth and location for:
1. A present or future county use of the right-of-way;
2. A public improvement undertaken by the county or by a city or town under a cooperative agreement with the county;
3. A public improvement undertaken by a private landowner, as authorized or required by the county;
4. When the public health, safety and welfare require it; or
5. When necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way.
(2) All costs to expose the facility shall be done at the permittee’s expense or the county may upon written notice to the permittee, expose the facility, at the permittee’s expense.
(3) Verification of facilities, both vertical and horizontal, shall be completed within seven calendar days of written notification.
(Ord. 06-01, passed 4-4-2006)
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