HomeMy WebLinkAbout2008-009 Council Ordinances1St Reading: June 9, 200:
2°d Reading: .lune 21, 2nns
Publication: July 1, 2008 skrhnioA.1
Effective: July 31, 2008
Council Member o' Donnell
ordinance:
moved for adoption of the following
CITY OF LINO LAKES
ORDINANCE NO. 09-08
AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 304 RELATED
TO ADMINISTRATION AND REGULATION OF
PUBLIC RIGHT-OF-WAY
The City Council of the City of Lino Lakes do ordain as follows:
Section 1. That the Lino Lakes Code of Ordinances be amended by adding
thereto a new Chapter 304 to read as follows:
�-' CHAPTER 304. ADMINISTRATION AND REGULATION OF
PUBLIC RIGHT-OF-WAY
304.01 Election to Manage the Public Right -of -Way.
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.
Pursuant to the authority granted to the city under state and federal statutory,
administrative and common law, the city hereby elects pursuant Minn. Stat. 237.163,
subd.2(b), to manage rights-of-way within its jurisdiction.
304.02 Definitions.
The following definitions apply in this chapter of this code. References hereafter
to "sections" are, unless otherwise specified, references to sections in this chapter.
Defined terms remain defined terms whether or not italicized.
Abandoned Facility: a facility no longer in service or physically disconnected from
a portion of the operating facility, or from any other facility, that is in use or still carries
service. A facility is not abandoned unless declared so by the right-of-way user.
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Applicant: any person requesting permission to excavate or obstruct a right-of-
way.
City: the city of Lino Lakes, Minnesota. For purposes of this chapter, "city"
means its elected officials, officers, employees and agents.
Commission: the State Public Utilities Commission.
Congested Right -of -Way: a crowded condition in the subsurface of the public
right-of-way that occurs when the maximum lateral spacing between existing
underground facilities does not allow for construction of new underground facilities
without using hand digging to expose the existing lateral facilities in conformance with
Minnesota Statutes, section 216D.04, Subdivision 3, over a continuous length in excess
of 500 feet.
Degradation: a decrease in the useful life of the right-of-way caused by
excavation in or disturbance of the right-of-way, resulting in the need to reconstruct
such right-of-way earlier than would be required if the excavation or disturbance did not
occur.
Degradation Cost: subject to Minnesota Rules 7819.110, the cost to achieve a
level of restoration as determined by the city at the time the permit is issued, not to
exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules
parts 7819.9900 to 7819.9950.
Degradation Fee: the estimated fee established at the time of permitting by the
city to recover costs associated with the decrease in the useful life of the right-of-way
caused by the excavation, and which equals the degradation cost.
City Inspector: any person authorized by the city to carry out inspections related
to the provisions of this chapter.
Delay Penalty: the penalty imposed as a result of unreasonable delays in right-
of-way excavation, obstruction, patching, or restoration as established by permit.
Emergency: a condition that (1) poses a danger to life or health or of a
significant loss of property; or (2) requires immediate repair or replacement of facilities
in order to restore service to a customer.
Equipment: any tangible asset used to install, repair, or maintain facilities in any
right-of-way.
Excavate: to dig into or in any way remove or physically disturb or penetrate any
part of a right-of-way.
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Excavation Permit: the permit, which, pursuant to this chapter, must be obtained
before a person may excavate in a right-of-way. An excavation permit allows the holder
to excavate that part of the right-of-way described in such permit.
Excavation Permit Fee: money paid to the city by an applicant to cover costs as
provided in this chapter.
Facility or Facilities: any tangible asset in the right-of-way required to provide
Utility Service.
Hole: an excavation in the right-of-way, with the excavation having a length less
than the width of the pavement.
Management Costs: the actual costs the city incurs in managing its rights-of-
way, including such costs, if incurred, as those associated with registering applicants;
issuing, processing, and verifying right-of-way permit applications; inspecting job sites
and restoration projects; maintaining, supporting, protecting, or moving user facilities
during right-of-way work; determining the adequacy of right-of-way restoration; restoring
work inadequately performed after providing notice and the opportunity to correct the
work; and revoking right-of-way permits. Management costs do not include payment by
a telecommunications right-of-way user for the use of the right-of-way, the fees and cost
of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123;
Minnesota Statutes Sections 237.162 or 237.163 or any ordinance enacted under those
sections, or the city fees and costs related to appeals taken pursuant to this chapter.
Obstruct: to place anything tangible in a right-of-way so as to hinder free and
open passage over that or any part of the right-of-way.
Obstruction Permit: the permit which, pursuant to this chapter, must be obtained
before a person may obstruct a right-of-way, allowing the holder to hinder free and open
passage over the specified portion of that right-of-way, for the duration specified therein.
Obstruction Permit Fee: money paid to the city by a permittee to cover costs as
provided in this chapter.
Patch or Patching: a method of pavement replacement that is temporary in
nature. A patch consists of (1) the compaction of the sub -base and aggregate base and
(2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond
the edges of the excavation in all directions. A patch is considered full restoration only
when the pavement is included in the city's five-year project plan.
Pavement: any type of improved surface that is within the public right-of-way and
that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
Permit: the meaning given "right-of-way permit" in Minnesota Statutes, Section
237.162
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Permittee: any person to whom a permit to excavate or obstruct a right-of-way
has been granted by the city under this chapter.
Person: an individual or entity subject to the laws and rules of this state,
however organized, whether public or private, whether domestic or foreign, whether for
profit or non-profit, and whether natural, corporate, or political.
Public Right -of -Way: the area on, below, or above a public roadway, highway,
street, cart -way, bicycle lane and public sidewalk in which the city has an interest,
including other dedicated rights-of-way for travel purposes and utility easements of the
city. A right-of-way does not include the airwaves above a right-of-way with regard to
cellular or other non -wire telecommunications or broadcast service.
Restore or Restoration: the process by which an excavated right-of-way and
surrounding area, including pavement and foundation, is returned to the same condition
and life expectancy that existed before excavation.
Restoration Cost: the amount of money paid to the city by a permittee to achieve
the level of restoration according to plates 1 to 13 of Minnesota Public Utilities
Commission rules.
Right -of -Way Permit: either the excavation permit or the obstruction permit, or
both, depending on the context, required by this chapter.
Right -of -Way User: (1) a telecommunications right-of-way user as defined by
Minnesota Statutes, section 237.162, subd.4; or (2) a person owning or controlling a
facility in the right-of-way that is used or intended to be used for providing utility service,
and who has a right under law, franchise, or ordinance to use the public -right-of-way.
Service Lateral: an underground facility that is used to transmit, distribute, or
furnish gas, electricity, communications, or water from a common source to an end-use
customer. A service lateral is also an underground facility that is used in the removal of
wastewater from a customer's premises.
Service or Utility Service: includes (1) those services provided by a public utility
as defined in Minn. Stat. 216B.02, subds. 4 and 6; (2) services of a telecommunications
right-of-way user, including transporting of voice or data information; (3) services of a
cable communications systems as defined in Minn. Stat., Chapter 238; (4) natural gas
or electric energy or telecommunications services provided by the city; (5) services
provided by a cooperative electric association organized under Minn. Stat., Chapter
308A; and (6) water, sewer, steam, cooling, or heating services.
Supplementary Application: an application made to excavate or obstruct more of
the right-of-way than allowed in, or to extend, a permit that had already been issued.
Pave 4 of 19
Temporary Surface: the compaction of sub -base and aggregate base and
replacement, in kind, of the existing pavement only to the edges of the excavation. It is
temporary in nature except when the replacement is of pavement included in the city's
capital improvement plan, and is scheduled for completion within one (1) year, in which
case it is considered full restoration.
Trench: an excavation in the pavement, with the excavation having a length
equal to or greater than the width of the pavement.
Telecommunication Right -of -Way User: a person owning or controlling a facility
in the right-of-way, or seeking to own or control a facility in the right-of-way that is used
or is intended to be used for transporting telecommunication or other voice or data
information. For purposes of this chapter, a cable communication system defined and
regulated under Minn. Stat. Chap. 238, and telecommunications activities related to
providing natural gas or electric energy services whether provided by a public utility as
defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency
organized under Minn. Stat., Chaps. 453 and 453A, or a cooperative electric association
organized under Minn. Stat., Chap. 308A are not telecommunications right-of-way users
for purposes of this chapter.
304.03 Permit Requirement.
(1) Permit Required. Except as otherwise provided in this code, no person may
obstruct or excavate any right-of-way, including county roads or state highways within
the city, without first having obtained the appropriate permit from the city.
(a) Excavation Permit. An excavation permit is required to excavate
that part of the right-of-way described in such permit and to hinder free and open
passage over the specified portion of the right-of-way by placing facilities described
therein, to the extent and for the duration specified therein.
(b) Obstruction Permit. An obstruction permit is required to hinder free
and open passage over the specified portion of right-of-way by placing equipment
described therein on the right-of-way, to the extent and for the duration specified
therein. An obstruction permit is not required if a person already possesses a valid
excavation permit for the same project.
(2) Permit Extensions. No person may excavate or obstruct the right-of-way
beyond the date or dates specified in the permit unless such person (i) makes a
supplementary application for another right-of-way permit before the expiration of the
initial permit, and (ii) a new permit or permit extension is granted.
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(3) Delay Penalty. In accordance with Minnesota Rule 7819.1000, Subd. 3 and
notwithstanding Subd. 2 of this Section, the city shall establish and impose a delay
penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or
restoration. The delay penalty shall be established from time to time in the city fee
schedule.
(4) Security. A construction performance bond in an amount determined by the
city shall be required from each applicant. A surety bond shall be from a corporate
surety authorized to do business in the state. Security required pursuant to this
subdivision shall require that the holder will perform the work in accordance with this
chapter and applicable permits, and regulations, will pay to the city any costs incurred
by the city in performing work pursuant to this chapter; and will indemnify and save the
city and its officers, agents and employees harmless pursuant to the city code. The
construction performance bond shall be released by the city upon completion of the
work and compliance with all conditions imposed by the permit. For permits allowing
excavations within public right-of-way, the construction performance bond shall be held
for a period of 24 months to guaranty the adequacy of all restoration work.
(5) Permit Display. Permits issued under this section shall be conspicuously
displayed or otherwise available at all times at the indicated work site and shall be
available for inspection by the city.
(6) County or State Rights -of -Way. City permits issued for work in county roads
or state highways as defined by Minnesota law shall relate to the city's interest in the
right-of-way under Minnesota Statutes, Section 237.162, subd. 3. The permittee shall
obtain all other permits required by state, county, or federal agencies.
(7) Exceptions. Nothing in this Section shall be construed to repeal or amend
the provisions of a city ordinance establishing the rights of and limitations placed on
persons to plant or maintain boulevard plantings or gardens in the area of the right-of-
way between their property and the street curb. Persons carrying out or requesting the
following work shall not be deemed to use or occupy the right-of-way within the meaning
of this Section, and shall not be governed by this Section. Such persons are or may be
governed by other city code sections, including but not limited to, those noted below.
(a) Persons planting or maintaining vegetation in the boulevard.
(b) Persons installing driveways, sidewalks, curb and gutter, or parking
lots.
(c) Persons erecting fences over drainage or utility easements.
(d) Persons engaged in snow removal activities.
(e) Persons installing street furnishings, mail boxes, bus stop benches
and shelters.
(f) Persons installing vending machines.
(g) Persons installing irrigation systems.
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(h) Persons installing pet containment systems.
(i) Persons installing water or sewer service lines.
304.04 Permit Applications.
Application for a permit shall contain, and will be considered complete only upon
compliance with the requirements of the following provisions:
(1) Submission of a completed permit application form, including all required
attachments, scared drawings showing the location and area of the proposed project
and the location of all known existing and proposed facilities, and the following
information:
(a) Each applicant's name, Gopher One -Call registration certificate
number, address and email address if applicable, and telephone and facsimile numbers.
(b) The name, address and email address, if applicable, and telephone,
and facsimile numbers of a local representative. The local representative or designee
shall be available at all times, Current information regarding how to contact the local
representative in an emergency shall be provided at the time of registration.
(c) A certificate of insurance or self-insurance:
1. Verifying that an insurance policy has been issued to the
permittee by an insurance company licensed to do business in the State of Minnesota,
or a form of self-insurance acceptable to the city;
2. Verifying that the permittee is insured against claims for
personal injury, including death, as well as claims for property damage arising out of the
(i) use and occupancy of the right-of-way by the permittee, its officers, agents,
employees and permittees, and (ii) placement and use of facilities and equipment in the
right-of-way by the permittee, its officers, agents, employees and permittees, including,
but not limited to, protection against liability arising from completed operations, damage
of underground facilities and collapse of property;
3. Naming the city as an additional insured as to whom the
coverages required herein are in force and applicable and for whom defense will be
provided as to all such coverages;
4. Requiring that the city be notified thirty (30) days in advance of
cancellation of the policy or material modification of a coverage term;
5. Indicating comprehensive liability coverage, automobile liability
coverage, workers compensation and umbrella coverage established by the city in
amounts sufficient to protect the city and the public and to carry out the purposes and
policies of this chapter.
(d) The city may require a copy of the actual insurance policies.
(e) If the person is a corporation, a copy of the certificate required to be
filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State.
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(f) A copy of the person's order granting a certificate of authority from the
Minnesota Public Utilities Commission or other applicable state or federal
agency, where the person is lawfully required to have such certificate from
said commission or other state or federal agency.
(2) Payment of money due the city for:
(a) Permit fees, estimated restoration costs and other management costs.
(b) Prior obstructions or excavation.
(c) Any undisputed loss, damage, or expense suffered by the city
because of applicant's prior excavations or obstructions of the rights-of-way or any
emergency actiors taken by the city.
(d) Franchise fees or other charges, if applicable.
304.05 Issuance of Permit; Conditions.
(1) Permit Issuance. If the applicant has satisfied the requirements of this
chapter, the city shall issue a permit.
(2) Conditions. The city may impose reasonable conditions upon the issuance
of the permit and the performance of the applicant there under to protect the health,
safety. and welfare or when necessary to protect the right-of-way and its current use.
304.06 Permit Fees.
(1) Excavation Permit Fee. The city shall establish an excavation permit fee in
an amount sufficient to recover the following costs:
(a) The city management costs.
(b) Degradation costs, if applicable.
(2) Obstruction Permit Fee. The city shall establish the obstruction permit fee
and shall be an amount sufficient to recover the city management costs.
(3) Payment of Permit Fees. No excavation permit or obstruction permit shall be
issued without payment of excavation or obstruction permit fees. The city may allow
applicant to pay such fees within thirty (30) days of billing.
(4) Non-refundable. Permit fees that were paid for a permit that the city has
revoked for a breach as stated in Section 304.16 are not refundable.
(5) Application to franchises. Unless otherwise agreed to in a franchise,
management costs may be charged separately from and in addition to the franchise
fees imposed on a right-of-way user in the franchise.
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(6) All permit fees shall be established consistent with the provisions of
Minnesota Rule 7819.1000.
304.07 Right -of -Way Patching and Restoration.
(1) 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 circumstances beyond the control of the permittee or when work was
prohibited as unseasonal or unreasonable as determined by the city.
(2) Patch and Restoration. Permittee shall patch its own work. In all cases
requiring restoration, the permittee shall, at the time of application for an excavation
permit, post a construction performance bond in accordance with the provisions of
Minnesota Rules 7819.3000.
(3) Standards. The permittee shall perform patching and restoration according
to the standards and with the materials specified by the city and shall comply with
Minnesota Rule 7819.1100.
(4) Duty to Correct Defects. The permittee shall correct defects in patching, or
restoration performed by permittee or its agents. Permittee upon notification from the
city shall correct all restoration work to the extent necessary, using the method required
by the city. Said work shall be completed within five (5) calendar days of the receipt of
the notice from the city, 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 as determined by the city.
(5) Failure to Restore. If the permittee fails to restore the right-of-way in the
manner and to the condition required by the city, or fails to satisfactorily and timely
complete all restoration required by the city, the city at its option may do such work. In
that event the permittee shall pay to the city, within thirty (30) days of billing, the cost of
restoring the right-of-way. If permittee fails to pay as required, in addition to other
remedies provided by law, the city may exercise its rights under the construction
performance bond.
304.08 Supplementary Applications.
(1) 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 their permit must be obstructed or excavated must
before working in that greater area (i) make application for a permit extension and pay
any additional fees required thereby, and (ii) be granted a new permit or permit
extension.
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(2) 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 a new permit for the additional time it
needs, and receive the new permit or an extension of the old permit before working after
the end date of the previous permit. This supplementary application must be submitted
before the permit end date.
304.09 Denial of Permit.
The city may deny a permit for failure to meet the requirements and conditions of
this chapter or if the city determines that the denial is necessary to protect the health,
safety and welfare or when necessary to protect the right-of-way and its current use.
304.10 Installation Requirements.
The excavation, backfilling, patching, and restoration, and all other work
performed in the right-of-way shall be done in conformance with Minnesota Rules
7819.1100 and other applicable local requirements, in so far as they are not
inconsistent with the Minnesota Statutes Sections 237.162 and 237.163.
304.11 Trenchless Excavation.
As a condition of all applicable permits, permittees employing trenchless
excavation methods, including but not limited to Horizontal Directional Drilling, shall
follow all requirements set forth in Minnesota Statutes, Chapter 216D and Minnesota
Rules Chapter 7560, and shall require potholing or open cutting over existing
underground utilities before excavating as determined by the city.
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304.12 Inspection.
(1) Notice of Completion. When the work under any permit hereunder is
completed, the permittee shall furnish a completion certificate in accordance with
Minnesota Rules 7819.1300.
(2) Site Inspection. Permittee shall make the work site available to city
personnel and to all others as authorized by law for inspection at all reasonable times
during the execution of and upon completion of the work.
(3) Authority of city.
(a) At the time of inspection the city may order the immediate cessation of
any work which poses a serious threat to the life, health, safety, or well being of the
public.
(b) The city may issue an order to the permittee for any work, which does
not conform to the terms of the permit or other applicable standards, conditions, or
codes. The order shall state that failure to correct the violation will be cause for
revocation of the permit. Within ten (10) days after issuance of the order, the permittee
shall present proof to the city that the violation has been corrected. If such proof has
not been presented within the required time, the city may revoke the permit pursuant to
... Sec.304.16.
304.13 Standards During Construction or Installation.
The permit holder shall comply with the following standards when engaging in the
work:
(a) Observe and comply with all laws, rules and regulations of the state.
(b) Conduct the operation and perform the work in a manner as to ensure
the least obstruction and interference to traffic.
(c) Take adequate precautions to ensure the safety of the general public
and those who require access to abutting property.
(d) If required by the city, notify adjoining property owners prior to the
commencement of work which may disrupt the use of and access to such adjoining
properties.
(e) In all cases where construction work interferes with the normal use of
the construction area, provide for closing the construction area to traffic or to afford
restricted use of the area and comply with MUTCD traffic safety signing requirements.
(f) Exercise precaution at all times for the protection of persons, including
employees and property.
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(g) Protect and identify excavations and work operations with barricade
flags, and if required, by flagmen in the daytime, and by warning lights at night.
(h) Provide proper trench protection as required by O.S.H.A when
necessary and depending upon the type of soil, in order to prevent cave-ins
endangering life or tending to enlarge the excavation.
(i) Protect the root growth of trees and shrubbery.
(j) Installation of pipe (utility conductors) under concrete or bituminous
pavements shall be done by jacking, auguring or tunneling as directed by the city unless
otherwise authorized.
(k) All backfilling must be placed in six-inch layers at optimum moisture
and compacted with the objective of attaining 100 percent of standard proctor density.
Compaction shall be accomplished with hand, pneumatic or vibrating compacters as
appropriate.
(I) No metal -tracked or other lugged equipment is allowed to be driven on
the public right-of-way.
304.14 Work Done Without a Permit.
(1) Emergency Situations. Each person with facilities in the right-of-way shall
immediately notify the city of any event regarding its facilities which it considers to be an
emergency. The owner of the facilities may proceed to take whatever actions are
necessary to respond to the emergency. Within two business days after the occurrence
of the emergency the owner shall apply for the necessary permits, pay the fees
associated therewith and fulfill the rest of the requirements necessary to bring itself into
compliance with this chapter for the actions it took in response to the emergency.
If the city becomes aware of an emergency regarding facilities, the city will
attempt to contact the local representative of each facility owner affected, or potentially
affected, by the emergency. In any event, the city may take whatever action it deems
necessary to respond to the emergency, the cost of which shall be borne by the person
whose facilities occasioned the emergency.
(2) Non -Emergency Situations. Except in an emergency, any person who,
without first having obtained the necessary permit, obstructs or excavates a right-of-way
must subsequently obtain a permit, and as a penalty pay double the normal fee for said
permit, pay double all the other fees required by this code, deposit with the city the fees
necessary to correct any damage to the right-of-way and comply with all of the
requirements of this chapter.
304.15 Supplementary Notifications.
If the obstruction or excavation of the right-of-way begins later or ends sooner
than the date given on the permit, permittee shall notify the city of the accurate
information as soon as this information is known.
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304.16 Revocation of Permits.
(1) Substantial Breach. The city reserves its right, as provided herein, to revoke
any right-of-way permit, without a fee refund, if there is a substantial breach of the terms
and conditions of any statute, ordinance, rule or regulation, or any material condition of
the permit. A substantial breach by permittee shall include, but shall not be limited to,
the following:
(a) The violation of any material provision of the right-of-way permit;
(b) An evasion or attempt to evade any material provision of the right-of-
way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city
or its citizens.
(c) Any material misrepresentation of fact in the application for a right-of-
way permit;
(d) The failure to complete the work in a timely manner, unless a permit
extension is obtained or unless the failure to complete work is due to reasons beyond
the permittees control; or
(e) The failure to correct, in a timely manner, work that does not conform
to a condition indicated on an order issued.
(2) Written Notice of Breach. If the city determines that the permittee has
committed a substantial breach of a term or condition of any statute, ordinance, rule,
regulation or any condition of the permit the city shall make a written demand upon the
permittee to remedy such violation. The demand shall state that continued violations
may be cause for revocation of the permit. A substantial breach, as stated above, will
allow the city, at its discretion, to place additional or revised conditions on the permit to
mitigate and remedy the breach.
(3) Response to Notice of Breach. Within twenty-four (24) hours of receiving
notification of the breach, permittee shall provide the city with a plan acceptable to the
city that will cure the breach. Permittee's failure to so contact the city, or the permittee's
failure to submit an acceptable plan, or permittee's failure to reasonably implement the
approved plan, shall be cause for immediate revocation of the permit.
(4) Reimbursement of city costs. If a permit is revoked, the permittee shall also
reimburse the city for the city's reasonable costs, including restoration costs and the
costs of collection and reasonable attorney's fees incurred in connection with such
revocation.
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304.17 Mapping Data.
(1) Information Required. Each permittee shall provide mapping information
required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100.
Within ninety (90) days following completion of any work pursuant to a permit, the
permittee shall provide the director accurate maps and drawings certifying the "as -built"
location of all equipment installed, owed, and maintained by the permittee. Such maps
and drawings shall include the horizontal and vertical location of all facilities and
equipment and shall be provided consistent with the city's electronic mapping system,
when practical or as a condition imposed by the director. Failure to provide maps and
drawings pursuant to this subsection shall be grounds for revoking the permit holder's
registration.
(2) Service Laterals. All permits issued for the installation or repair of service
laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2
shall require the permittee's use of appropriate means of establishing the horizontal
locations of installed service laterals, and the service lateral vertical locations in those
cases where the director reasonably requires it. Permittees or their subcontractors shall
submit to the director evidence satisfactory to the director of the installed service lateral
locations. Compliance with this subdivision 2 and with applicable Gopher State One
Call law and Minnesota Rules governing service laterals install after December 31,
2007, shall be a condition of any city approval necessary for: i) payments to contractors
working on a public improvement project including those under Minnesota Statutes,
Chapter 429; and ii) city approval of performance under development agreements or
other subdivision or site plan approval under Minnesota Statutes, Chapter 462. The
director shall reasonably determine the appropriate method of providing such
information to the city. Failure to provide prompt and accurate information on the
service laterals installed may result in the revocation of the permit issued for the work or
for future permits to the offending permittee or its subcontractors.
304.18 Location and Relocation of Facilities.
(1) Placement, location, and relocation of facilities must comply with the act, with
other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100,
to the extent the rules do not limit authority otherwise available to cities.
(2) Corridors. The city may assign specific corridors within the right-of-way, or
any particular segment thereof as may be necessary for each type of facility that exists,
or, pursuant to current technology, that the city reasonably expects will someday be
located within the right-of-way. All excavation, obstruction, or other permits issued by
the city involving the installation or replacement of facilities shall designate the proper
corridor for the facilities at issue.
(3) Limitation of Space. To protect health, safety, and welfare or when
necessary to protect the right-of-way and its current use, the city shall have the power to
prohibit or city shall strive, to the extent possible, to accommodate all existing and
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potential users of the right-of-way, but shall be guided primarily by considerations of the
public interest, the public's needs for the particular utility service, the condition of the
right-of-way, the time of year with respect to essential utilities, the protection of existing
facilities in the right-of-way, and future city plans for public improvements and
development projects which have been determined to be in the public interest.
304.19 Undergrounding.
(1) Purpose. The purpose of this section is to promote the health, safety and
general welfare of the public and is intended to foster (i) safe travel over the right-of-
way, (ii) non -travel related safety around homes and buildings where overhead feeds
are connected and (iii) orderly development in the City. Location and relocation,
installation and reinstallation of facilities in the right-of-way or in or on other public
ground must be made in accordance with this section and is intended to be enforced
consistently with state and federal law regulating right-of-way users, specifically
including but not limited to Minnesota Statutes, Sections 161.45, 237.162, 237.163,
301B.01, 222.37, 238.084 and 216B.36 and the Telecommunications Act of 1996, Title
47, U.S.C. secticn 253.
(2) Undergrounding of Facilities. Facilities newly installed, constructed or
otherwise placed in the public right-of-way or in other public property held in common
for public use must be located and maintained underground pursuant to the terms and
conditions of this section and in accordance with applicable construction standards,
subject to the exceptions below. Above -ground installation, construction, modification,
or replacement of meters, gauges, transformers, street lighting, pad mount switches,
capacitor banks, re -closers and service connection pedestals shall be allowed. These
requirements shall apply equally outside of the corporate limits of the city coincident
with city jurisdiction of platting, subdivision regulation or comprehensive planning as
may now or in the future be allowed by law.
(3) Undergrounding of Permanent Replacement, Relocated or Reconstructed
Facilities. If the City finds that one or more of the purposes set forth in this Section
304.19, subd. 1 would be promoted, the City may require a permanent replacement,
relocation or reconstruction of a facility to be located, and maintained underground, with
due regard for seasonal working conditions. For purposes of this subdivision,
reconstruction means any substantial repair of or any improvement to existing facilities.
Undergrounding may be required whether a replacement, relocation or reconstruction is
initiated by the right-of-way user owning or operating the facilities, or by the City in
connection with (i) the present or future use by the City or other local government unit of
the right-of-way or other public ground for a public project, (ii) the public health or safety,
or (iii) the safety and convenience of travel over the right-of-way. Subject to subdivision
4 below, all relocations from previously placed underground facilities shall be to another
underground location.
(4) Exceptions to Undergrounding. The following exceptions to the strict
application of this subdivision shall be allowed upon the conditions stated:
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(a) Technical/Economic Feasibility; Promotion of Policy. Above -ground
installation, construction, or placement of facilities shall be allowed in residential,
commercial and industrial areas where the council, following consideration and
recommendation by the planning commission, finds that:
1. Underground placement would place an undue financial burden
upon the landowner, ratepayers, or right-of-way user or would deprive the landowner of
the preservation and enjoyment of substantial property rights; or,
2. Underground placement is impractical or not technically feasible
due to topographical, subsoil or other existing conditions which adversely affect
underground Facilities placement; or,
3. Failure to promote the purposes of undergrounding. The right-of-
way user clearly and convincingly demonstrates that none of the purposes under
Section 304.19, subd. 1 would be advanced by underground placement of facilities on
the project in question.
(b) Temporary Service. Above -ground installation, construction, or
placement of temporary service lines shall only be allowed:
1. During new construction of any project for a period not to exceed
three (3) months;
2. During an emergency in order to safeguard lives or property within
the city;
3. For a period of not more than seven (7) months when soil
conditions make excavation impractical.
(5) Developer Responsibility. All owners, platters, or developers are responsible
for complying with the requirements of this subdivision, and prior to final approval of any
plat or development plan, shall submit to the director written instruments from the
appropriate right-of-way users showing that all necessary arrangements with said users
for installation of such facilities have been made.
304.20 Damage to Other Facilities.
When the city does work in the right-of-way and finds it necessary to maintain,
support, or move facilities to protect it, the city shall notify the local representative as
early as is reasonably possible and direct placement of facilities. The costs associated
therewith will be billed to that facility owner and must be paid within thirty (30) days from
the date of billing. Each facility owner shall be responsible for the cost of repairing any
facilities in the right-of-way, which it or its facilities damage. Each facility owner shall be
responsible for the cost of repairing any damage to the facilities of another caused
during the city's response to an emergency occasioned by that owner's facilities.
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304.21 Right -of -Way Vacation.
Reservation of Right. If the city vacates a right-of-way which contains facilities,
the facility owner's rights in the vacated right-of-way are governed by Minnesota Rules
7819.3100 subd. 2 and 7819.3200.
340.22 Indemnification and Liability.
By applying for and accepting a permit under this chapter, a permittee agrees to
defend and indemnify the city in accordance with the provisions of Minnesota Rule
7819.1250.
304.23 Abandoned Facilities.
Removal of Abandoned Facilities. Any person who has abandoned facilities in
any right-of-way shall remove them from that right-of-way if required in conjunction with
other right-of-way repair, excavation, or construction, unless this requirement is waived
by the city.
304.24 Appeal.
A right-of-way user that: (i) has been denied a permit; (ii) has had permit
revoked; or (iii) believes that the fees imposed are invalid, may have the denial,
revocation, or fee imposition reviewed, upon written request, by the city council. The
city council shall act on a timely written request at its next regularly scheduled meeting.
A decision by the city council affirming the denial, revocation, or fee imposition will be in
writing and supported by written findings establishing the reasonableness of the
decision.
304.25 Reservation of Regulatory and Police Powers.
A permittee's rights are subject to 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.
304.26 Right -of -Way Fees And Charges.
The fees and charges associated with this chapter shall be as established in the
city's fee schedule.
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Section 2. This ordinance shall become effective after adoption and upon thirty
(30) days following its legal publication.
Attet:ulianne Ba
ity Clerk
Adopted by the Lino Lakes City Council this 23 day of June , 2008.
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member Reinert and upon a vote being taken thereon, the following voted in favor
thereof:
O'Donnell, Reinert, Gallup, Bergeson
The following voted against same:
none (absent - Stoltz)
Whereupon said ordinance was declared duly passed and adopted.
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