Ordinance 630 - Laserfiche WebLink

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~---...~.- LEGALS . Subd. 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. Subd. 3. Delay Penalty: In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding subd. 2 of this section, the Citysliall 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 by City Council resolution. . - Subd. 1. Permit Display: Permits issued under this Chapter shall be conspicuouS- ly displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director. 910.09: PERMIT APPLICATIONS: Application for a permit is made to the Director. Permit applications shall contain, and will be considered complete only upon com- pliance with the requirements of the following provisions: -- ' (a) Registration With the Director pursuant to this Chapter; . '.~ (b) Submission of a completed permit app'lication form, including all rElquired attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed Facilities. (c) Payment of money due the City for " (1) permit fees, estimated Restoration Costs and other Management Costs, (2) prior Obstructions or Excavations; (3)' 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 actions taken by the City; . (4) franchise fees or other charges, if applicable. (d) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the director deems the existing construction performance bond inadequate under applicable standards. 910.10: ISSUANCE OF PERMIT; CONDITIONS: Subd. 1. Permit Issuance: If the Applicant has satisfied the requirements of this Chapter, the Director shall issue a permit. Subd. 2~ Conditions: The Director may impose reasonable conditions upon the issuance of the permit and the performance of the Applicant thereunder to protect the health, safety and welfare or when necessary to protect the Right.of-Way and its current use. 910.11: PERMIT FEES: Subd. 1. Fee Schedule and Fee. Allocation: The city's permit fee schedule shall be available to the public and established in advance. The permit fees shall be designed to recover the City's actual costs incurred in managing the right-of-way and shall be based on an allocation among all users of the right-of-way, including the city. . . . Subd. 2. 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. Subd. 3. Obstruction Permit Fee: The city shall establish the' Obstruction Permit Fee which shall be in an amount sufficient to recover the City Management Costs. Subd.4. 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. . Subc!. 5. Non refundable: Permit f.ees that were paid for a permit that the Director has revoked for a breach as stated in Section 910.21 are not refundable. Subd. 6. Application to franchises: Unless otherwise agreed to in a franchise, Management Costs may be charged separately from and ig addition to the franchise fees imPosed on a right"of-way user in the franchise. 91d.12: RIGHT-OF-WAY PATCHING AND RESTORATION: Subd. 1. Timing:, The work to be done under the Excavation Permit, and the p,atchlng 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 PerlJ1ittee or when work was prohibited as unseasonal or unreasonable under Sectioo.910J5. Subd. 2. Patch and Restoration: Permittee shall Patch its own work. The City . !Tlay chO~i~..to~~~miUee..~toreth!l Right-of.Way.,Ql:..1OBestore the Right-of-Way itself. (a) City Restoration: If the City restores the Right-of-Way, Permittee shall pay the costs thereof within thirty (30) days of billing. If, following such Restoration, the pavement settles due to Permittee's improper backfilling, the Permittee shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the-defective work. , (b) Permittee Restoration: If the Permittee Restores the Right-of-way:ltself, it 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. (c) Degtadation Fee in Lieu of Restoration: In lieu of right-of-way re.storation, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these .responsibilities. Subd. 3. Standards: The Permittee shall perform Patching and Restoration according to the standards and with the materials specified by the Dlrector'and shall comply with Minnesota Rule 7819.1100. The Director shall have the authority to pre- scribe the manner and extent of the Restoration, and may do 'so in written proce- dures of general application or on a case-by-case basis. Subd. 4. Duty to Correct Defects: The Permittee shall correct defects in .patching, or restoration performed by permittee, or its agents. Permittee shall upon notification from the Director, correct all restoration work to the extent necessarycusing the method required by the Director. Said work shall.be completed within five (5) calen- dar 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 unseasonal or unreaSonable under Section 910.15. Subd. 5. 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 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, the City may exercise its rights under the Construction Performance Bond. 910.13: JOINT APPLICATIONS: Subd. 1. Joint Application: Registrants may jointly apply for permits to. Excavate or Obstruct the Right-of-Way at the same place and time. Subd. 2. Shared Fees: Registrants who apply for permits for the same Obstruction or excavation, which the Director does not perform, may share in the payment of the Obstruction or Excavation Permit Fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications Subd. 3. With City Projects: Registrants who join ina scheduled Obstru&tion or excavation performed by the Director, whether or not it is a joint application by two or more Registrants or a single application, are not required to pay the Excavation or Obstruction and Degradation portions of the permit fee, but a permit would still be required. . ' 910.14: SUPPLEMENTARY APPLICATIONS: Subd. 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 deter- mines that an area greater than that specified in the permit must be Obstructed or' Excavated must before working in that greater than that i:;pecified in the pelmit must be Obstructed b~ Excavated must before working in that.greater area (i) make appli- cation for a permit extension and .pay any additional fees required thereby, and (ii) be granted a new permit or permit exten~ion. Subd. 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 ole:! permit before working after the end date of the previous permit. This Supplementary Application must be submitted before the permit end date. 910.15: OTHER OBLIGATIONS: Subd. 1. Compliance Witlf Other Laws: 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 City or other applicable rule, law or reg- ulation. A Permittee shall comply with all requirements of local, state and federal laws, including Minn. Stat. t216D.01-.09 (One Call !:xcavation Notice System). A Permittell shall perform all' work in conformance with all applicable codes and estab- . Ii shed 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. Subd.2. Prohibited Work: Except In an' Emergency, or with the approval of the Director, no Right-of-Way, Obstruction or excavation may be done when seasonally prohibited or when conditibns are un,Ieasonable for such work. . .. Subd. 3. Interferenc.e With Right-of-Way: A Permittee. shall not so Obstruct a Right-of-Way that the natural free and clear passage of water throughthe gutters or other waterways shall be jnterfered with.. Private vehicles of those doing work in the Right-of-Way may not be parked within or next jo a permit area,. unless parked in C()nfo'rmance with City parking reglJlations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by ~he permit. '. .-- 910.16: DENIAL OF PERMIT: The Director may deny a permit for.failure ~o. meet the requirements and conditions of this Chapter or if ,the Director d~ermines ~I)at the denial is necessary to protect the health, safety, and welfare or when necessary to protect the Right-of-Way and its current use. . 910.17: 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 require- ments, in so far as they are not inconsistent With the Minnesota Statutes, Sections. 237.162 and 237.163. 910.18: . INSPECTION: Subd. 1. '. Notice of Completion: When the work under any permit hereunder is completed, the Permittee shall furnish a Completion Certificate in accordance Minnesota Rules 7819.1300. Subd. 2. Site Inspection: Permittee shall make the work-site available to the Director and to all others ,as authorized by law for inspection at all reasonable times . during the execution of and upon completion of the work. Subd 3. Authority of Director: (a) At the time of inspection, the Director may order the il!lmediate cessation of any work which poses a serious threat to the life, hea!!h, safety or well-being o.f the public.. . . --. (b) The Director 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 Director that the violation has beea corrected. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to Section 910.21. 910.19: WORK DONE WITHOUT A PERMIT: Subd. 1. Emergency $ituations: Each Registrant shall immedia.tely notify the Director of any event regarding its Facilities, which it considers to be an Emergency. The Registrant may proceed to take whatever actions are necessary to respond to the Emergency. Within two business days after the occurrence of the Emergency the Registrant shall apply for the necessary permits, pay the fees associated there- with 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 Director becomes aware of an Emergency regarding a Registrant's Facilities, the Director will attempt to contact the Local Representative of each Registrant affected, or potentially affected, by the Emergency, direct them to take whatever action may be necessary to respond to the Emergency, or otherwise take whatever action the Director deems nllcessary to respond to the Emergency if Registrant does not timely respond. The Cost shall be borne by the Registrant whose Facilities occa- sioned the Emergency. Subd. 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 the Legislative Code, deposit with the Director the fees necessary to correct any damage to the Right-of- Way and comply with all of the requirements of this Chapter. 910.20: SUPPLEMENTARY NOTIFICATION: If the Obstruction or Excavation of the Right-of-Way begins later or ends sooner than the date giverion the permit,' Permittee shall notify the Director of the accurate information as so!)n as this infor- mation is known. ' 910.21: REVOCATION OF PERMITS: Subd. 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. taims and conditions of any statute, ordinance, rule or regulation, or any mate- rial condition of the permit. A SUbStantial breach by Permittee shall include, but shall ~notbe.Jimitedto,the'follo\Ning: :.'. ': .,...".."~"~,,",~,-,,.u..' ....j . """,.','..".." (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 tl1e 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 Permittee's control; or . . (e) The failure to correct, in a timely manner, work that does not conform to a con- dition indicated oil an order issued pursuant to Section 910.18. . Subd. 2. Written Notice of Breach: If the Director 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 Directorshall.,make a written demand upon the Permittee to remedy such violation. . The dema.nd shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the Director, at his or her discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. Subd. 3. Response to Notice of Breach: Within twenty-four (24) hours of receiving notification of the breach, Permittee shall provide the Director with a plan, acceptable to the Director, that will cure the breach. Permittee's failure to'so contact the Director, or the Permittee's failure to submit an acceptable plan, or Permittee's fail- ure to' reasonably implement the approved plan, shall be cause for immediate revo- cation of the permit. Further, Permittee's failure to so contact the . Director, or the Permittee's failure to submit an acceptable plan, or Permittee~s failure to reasonably implement the approved plan, shall automatically place the Permittee on Probation for one (1) year. Subd. 4. Cause for Probation: From time to time, the Director may establish a list of conditions of the permit, which if breached will automatically pla<;6 the Permittee on Probation for one full year, such as, but not limited to, working out of the allotted time period or working on Right-of-Way grossly outside of the permit 4uthorization. Subd. 5. Automatlc Revocation: If a Permittee, while on Probation, commits a breach as outlined above, Permittee's permit will automatically ~ revoked and Permittee will not be allowed further permits for one year, excepffor Emergency repairs. Subd. 6. Reimbursement of City Costs: If a permit is revoked; th!'lpermittee shall also reimburSe the. City for the City's reasonable costs, including r~toration costs and the cost~ of collection and reasonable attorneys' fees incurred in.ponnection with such revocation. . ; . . . 910.22: MAPPING DATA: . Subd. 1. Information Required: Each Registrant and Permittee shall provide Mapping information required by the Director in accordance with MInnesota Rules 7819.4000 and 7819.4100. ~ 910.23: LOCATION AND RELOCATION OF FACILITIES: ' Subd. 1. Unless otherwise agreed in a 1ranchise between the applicableright-of- way user and the City, Facilities in the right-of,way must be located or relocated and maintained underground in accordance.with this section, Minnesota Rule subpart 7819.3100 and Chapter 911 ofthis Code. Subd.2. Corridors: The Directormay assign specific corridors within the Right-of- Way, or any particular segment tl1ereof as may be necessary, for each type of Facilities that is or; pUr:l\.uantto,curre.nt technology, the Director expects will someday be located within the Right-of-Wa.y.. ,All excavation, obstruction, or other permits issued by the Director involving theinstalll'!tion or replacement of Facilities shall des- ignate the proper corridor for the Facilities at issue. Any relocation of Facilities required by the Director shall be carried out in accordance with Minnesota Rule sub- part 7819.3100. . . Subd. 3. . Limitation of Space: To pr()tect health, safety, and welfare or when nec- essary to protect the Right-of-WaYll.nd its current use, the Director shall have the power to prohibit or limit thE! placement of new or additional Facilities within the Right-of-Way. In making su(:hdecisions, the Director shan-strive to the extent possi- ble to accommodate all existinif'l:llld potential users of the Right-of-Way, but shall be guided primarily. by considerati9l1s. of Jhe.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,~ight-of-Way, and future City plans fOr public improvements and .development.pr()jeqswhich have been.determined tobe'.in the publiC interest. ' 910.24:.p'RE~EXCAVATI0'" FACILITY AND. FACILITIES LOCATIQN: Registrant shalteompty with the,requirements of Minn. Stat. ~ 216D.01-.09 ("One Call Exca"ll.ti()nNotice. System").- Any. Registrant whose Facilities arele$thantwenty (20) jnches1i!:llOw Ii concrete or'asphalt surface shall notify and work clpsely with the excavationcontractorto..establfsh the exact location of its Facilities and the best pro- cedure for excavation.' , ,," ~, . l Focus News-Thursi Nov. 11, 1999 -17 910.25: DAMAGE TO OTHER FACILITIES: When the Director does work in the Right-of-Way and finds it necessary to maintain, support, or move a Registrant's Facilities to pro- tect it, the Director shall notify the Local Representative as early as is reasonably possible. The costs asso- ciated . therewith will be billed to that Registrant and must be paid within thirty (30) days from the date of billing. Each Registrant,shall be responsible for the cost of repairing any Facilities in the Right-of-Way, which it or its Facilities damages. Each Registrant shall be responsible . for the cost of repairing any damage to the Facilities of another Registrant caused during the City's response to an Emergency occasioned by that Registrant's Facilities. 910.26: RIGHT-OF-WAY VACA- TION: If the City vacates a Right-of- Way, which contains the Fac.ilities of a Registrant, the registrant's rights in the vacated right-of~way are gov- erned by Minnesota Rule 7819:3200. 910.27: INDEMNIFICATION AND LIABIL.ITY: By registering with the Director, or by accepting a.permit under this Chapter, a Registrant or Permittee agrees to defend and indemnify the city in accordance with the provisions of. Minnesota Rule 7819.1250. 910.28: ABANDONED AND UNUSABLE FACILITIES: Subd. 1. Discontinued Operations: A Registrant who has determined to discontinue all or a portion of its oper- ations in the City must provide infor- mation satisfactory to the Director that the Registrant's obligations for its Facilities in the Right-of-Way under this Chapter have bllen lawfully assumed by another Re.gistrant. Subd. 2. Removal: Any Registrant who has abandoned Facilities in any Right-of-Way shall remove it from that Right-of-Way if required in conjunc- tion with other right-of-way repair, excavation, or construction, unless this requirement is waived by the Director. 910.29: APPEAL: A Right-of-Way user that: (1) has been denied regis- tration; (2) has been denied a permit; (3) has had permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revoca- tion, or fee imposition rllviewed, 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. affirl!ling m~ denial, revocation, or fee imposition will be writing and supported by written find- ings establishing the reasonableness of the decision. 910~30: RESERVATION OF REG- ULATORY AND POLICE POWERS: A Permittee's or Registrant's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances neces- sary to protect the health, safety and welfare of the public. 910.31: SEVERABILITY: If any portion of this chapter is for any rea- son held invalid by any court of com- petent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such hold- ing shall not affect the validity of the remaining portions thereof. Nothing in this Chapter precludes the City from requiring a franchise agreement with the Applicant, as allowed by law, in addition to requirements set forth herein. SECTION 2. This ordinance takes effect 30 days after its publication. Read by the City Council .of the City of Mounds View this 14th day of June, 1999. Read and passed by the City Council of the city of Mounds View this 23rd day of August, 1999. Dan Coughlin, Mayor Charles S. Whiting, City Clerk/Administrator APPROVED AS TO FORM: Robert C. Long, City Attorney (November 11, 1999) Mounds View, New Brighton, St. Anthony II