(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)