HomeMy WebLinkAboutPC Packet 02.28.19AGENDA
HUGO PLANNING COMMISSION
THURSDAY, FEBRUARY 28, 2019
HUGO CITY HALL
7:00 p.m.
A. ROLL CALL (Arcand, Derr, Fry, Kleissler, Lessard, Luchsinger, Mulvihill, Tjernlund)
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF MINUTES
1. January 24, 2019
D. PUBLIC HEARING
Amendments to Right-of-way and Telecommunications Ordinance To Regulate Small
Wireless Facilities.
E. NEW BUSINESS
F. OLD BUSINESS
G. ADJOURNMENT
If you need accommodations for the Planning Commission meeting please contact
Rachel Juba at (651) 762-6304 or riuba(&ci.hugo.mn.us, thank you.
Minutes for the Planning Commission Meeting of Thursday, January 24, 2019
Chair Kleissler called the meeting to order at 7:01 p.m.
PRESENT: Derr, Fry, Kleissler, Luchsinger, Mulvihill, Tjernlund.
ABSENT: Arcand, Lessard.
STAFF: Rachel Juba, Community Development Director
Emily Weber, Community Development Assistant
Approval of Minutes for the Planning Commission Meeting of January 10, 2018
Commissioner Derr made a motion, seconded by Commissioner Fry, to approve minutes for the meeting of
January 10, 2018.
All Ayes. Motion carried.
Thommes and Thomas Land Clearing CUP Review — 5777 1651h Street North
Weber provided background on the Thommes and Thomas Land Clearing CUP. The property is located west of
Hwy 61 and south of 165th Street North. The City Council originally approved a CUP for the property in 1993 to
allow for processing and storage of firewood, recycling of tree waste, and wood chipping. The previous CUP
renewal was in June 2016 and is subject to renewal every 24 months. Staff visited the property on January 2, 2019
and determined that the applicant has been conducting the same operation on the property but the intensity of the
use has declined significantly in the past years. Staff is not aware of any violations on the property and
recommends approval of the CUP review.
Mr. Benick came forward to address the Planning Commission and any questions they may have. Commissioner
Fry asked if Mr. Benick expects the use of the property to increase again in the future and Benick stated that the
use will remain at the current level. Commissioner Derr commented on the observation that Thommes and
Thomas Land Clearing has been in operation for many years and continues to follow the CUP conditions.
Luchsinger made motion to approve the CUP renewal for Thommes and Thomas Land Clearing for an addition
24 months. Fry seconded.
All ayes. Motion carried.
Kieger Enterprises CUP Review — 5885 165th Street North
Juba started by giving background information on Kieger Enterprises and their CUP. The property is located west
of Hwy 61 and south of 1651h Street North. The property is guided and zoned industrial. Kieger Enterprises has a
CUP to operate an environmental clean-up business, garden center, and landscaping supply business for their
property, which includes vehicle repair facilities, cold storage, exterior storage of vehicles and equipment, and
company offices. The CUP has seventeen conditions of approval with an every four year review and renewal
period. The previous renewal was in 2013. During the site inspection in October 2018, staff observed a new
building on the property of which, the applicant did not apply for a CUP amendment or receive approval of a
building permit for the building. Condition number 11 in the CUP states that "the number of buildings, amount
of outdoor storage, and uses identified on the site plan dated February 14, 2000 and the application dated April
15, 2000, shall not be enlarged or expanded, unless a new conditional use permit is applied for and approved."
Staff discussed this with the applicant and the applicant has agreed to remove the building from the property prior
to June 1, 2019. If the applicant does not remove the building prior to this date, the applicant will be in violation
Planning Commission
January 10, 2019
Page 2
of the CUP and staff will initiate the process of revoking the CUP because of non-compliance. Staff is comfortable
with the current proposal and has added it as a condition of the approval of the CUP review in the attached
resolution. Staff is also not aware of any complaints or issues related to the operation of Kieger Enterprises.
Staff recommends renewal of the CUP for Kieger Enterprises with the condition that the building is removed
from the property prior to June 1, 2019. The CUP shall be renewed at that time and again in four years to ensure
Kieger Enterprises continues to meet all city ordinances and conditions of approval.
Commissioner Fry asked if the CUP will come back to the Planning Commission when the building is removed.
Juba clarified that if the building if removed from the property by the agreed upon date, the CUP will not need to
reviewed again by the Planning Commission, but continues on the four year renewal path.
Mr Kieger addressed the Planning Commission to answer questions. Chair Kleissler asked Mr. Keiger is the
condition is an acceptable action plan and if he has long term plans to obtain a building permit for an additional
building. Keiger stated that he does not foresee needing an additional building and that business can continue to
operate at the same rate.
Commission Tjernlund addressed the staff and asked what the standard time frame for a CUP renewal is. Juba
stated that there is nothing in the code that outlines that CUPS need to be reviewed, but is something that is typical
in older CUPs. There is not a standard the city follows.
Derr motioned to approve CUP review of Kieger Enterprises CUP with condition that the building will be
removed prior to June 1, 2019. Luchsinger seconded.
All ayes. Motion carried.
Adiournment
It was agreed upon that there is no Planning Commission meeting Thursday, February 14, 2019.
Commissioner Fry made a motion, Commissioner Derr seconded, to adjourn at 7:16 pm.
All Ayes. Motion carried.
Respectfully Submitted,
Emily Weber, Community Development Assistant
Agenda Number D.1
CITY OF HUGO
COMMUNITY DEVELOPMENT
DEPARTMENT
Memorandum
TO: Hugo Planning Commission
FROM: Emily Weber, Community Development Assistant
SUBJECT: Right of Way Ordinance Amendment — To Regulate Small Wireless
Facilities.
DATE: February 21, 2019 for the Planning Commission meeting of February 28, 2019
1. BACKGROUND:
As cellular technology becomes increasingly
important in our everyday lives, the demand for cell
providers, better coverage, and data has spurred
requests for new cellular towers and equipment.
Although traditional technologies, which consists of
large, bulky antennas bolted to tops of towers, are
still highly relevant, there are a variety of smaller,
more sophisticated options in use today. A small
wireless facility, also known as a small cell, is a
newer technology that is a complimentary piece of
equipment to traditional cell towers and provides
additional cellular data coverage. The antenna and all
exposed elements of the small wireless facility can fit
within an enclosure of no more than six cubic feet.
These facilities are small enough to be mounted on
existing structures such as light poles and power
lines, which are often found in the public right-of-
way (ROW). The image to the right is a standard
small wireless facility and supporting equipment.
Small cell providers have met barriers when attempting to deploy new equipment in the ROW
due to outdated regulations. As a result providers pushed for an amendment to Minnesota's
Telecommunications Right -of -Way User statutes that became effective in May of 2017. The
amendment has streamlined the permitting process for placement or collocation of small wireless
facilities on city -owned structures in public ROW by allowing permitted use in all zoning
Right-of-way Ordinance Text Amendment
Page 2
districts except historic and residential. However, the law also allows cities to manage small
wireless facilities through a permitting process, including a collocation agreement, and
ordinances. Therefore, the City's permitting process and right-of-way ordinances are an
important means of exercising authority of the public ROW.
In 2018, staff created a permit application for small wireless facilities and a draft collocation
agreement. The City of Hugo is in need of updating its right-of-way ordinance per the new
amendment to prepare for the eventual deployment of small wireless facilities within the
community.
2. SUMMARY OF REVISIONS:
With the change in State Statute, there is a defined list of what cities can and cannot do when
managing small wireless facilities.
What cities can do:
• Manage small wireless facilities in the ROW through a permitting process and
ordinances.
• Charge $150 (plus $25 maintenance fee) per year for collocation agreements on City
owned structures.
• Deny the placement of a small wireless facility in the ROW based on health, safety, and
welfare, or noncompliance with decorative standards.
• Use a 90 day review period if the City receives more than 30 facilities in a single seven
day period.
• Approve/deny some but not all of the 15 facilities that can be applied for in a single
consolidated application.
• Require the approval of a CUP for ROW uses in single family residential and historic
zoning districts.
What cities cannot do:
• Discriminate among functionally equivalent providers.
• Dictate which structures are used other than those proposed in the application.
• Use Moratoriums to stall the processing or approval of a small wireless facility permit.
• Impose specific height and separation restrictions other than the 50 foot height limit
defined by the statute.
• Require applicant information if the applicant has submitted a permit in the past and can
provide that permit's reference number.
• Require additional permits and fees for the maintenance or replacement of small cell
facilities.
A. Chapter 82 Utilities, Article IV Right of way
Definitions
Definitions were added to the ordinance to clarify the meaning of a small wireless facility and
a micro wireless facility, both of which are now permitted uses in the public ROW.
Right-of-way Ordinance Text Amendment
Page 3
Additional definitions such as collocate, utility pole, wireless facility, wireless service,
wireless support structure, and wireline backhaul facility were added to support changes
made throughout the ordinance.
Permit Requirements
Revisions were made to state that a permit is required by a registrant to erect or install a
wireless support structure or to collocate a small wireless facility in the ROW. No permit is
necessary to conduct routine maintenance of a small wireless facility, replacement of a small
wireless facility that is substantially similar in size and design, or to install, maintain, and
operate a micro wireless facility. This section also states that a small wireless conditional use
permit is required to install a new wireless support structure in districts zoned for single-
family residential use or is in a historic district established by federal or state law or city
ordinance.
Permit Conditions and Fees
Because small wireless facilities are meant to boost data coverage, they work as a network,
which means that multiple facilities are needed within a 2 mile radius. Many small cell
providers will be applying for multiple facilities at once and will likely place facilities in a
line within the public ROW. An applicant can submit a consolidated application with up to
15 small wireless facilities on the same application. The City may approve some small
wireless facilities and deny others if they impose on public health, safety, and welfare. Small
wireless facility permit application are on a 90 -day deadline for action, but may be extended
by the City if the applicant fails to submit all required documents or there are 30 or more
applications seeking approval that were received within a seven day period.
There are several small wireless facility conditions addressed in the revised ordinance. When
it comes to the physical appearance of the facilities, small wireless facilities need to be of a
design that is compatible with the character of the surrounding area and use materials, colors,
textures, screening, and landscaping to blend in with the natural setting and built
environment. Facilities also may not extend more than ten feet above its wireless support
structure. Where a small wireless facility is collocated, it must be placed on the particular
wireless support structure and at the height specified in the permit application. If the
applicant proposes to collocate a facility on a decorative structure, such as a sign or light post,
the City can impose additional requirements to accommodate the design and appearance of
the structure to enhance or create visual and design consistency. For any applicant that wishes
to install a new wireless support structure, the structure may not exceed 50 feet in height
unless the City has given written authorization. The City may also require reasonable
separation requirement between support structures.
For any small wireless facility collocated on a City -owned structure, the applicant will be
required to pay up to $150 per year for rent, $25 per year for maintenance fees, and a monthly
fee for electrical service if not purchased directly from a utility. Regardless if the applicant is
Right-of-way Ordinance Text Amendment
Page 4
collocating or proposing to erect a wireless support structure, a small wireless permit fee is
set forth by the City's annual fee schedule and is set at $1,000 for 2019.
B. Chapter 74 Telecommunications, Article II Telecommunications Installation
Requirements
Because of the revisions made to the ROW ordinance, a few minor revisions were required to
the telecommunication ordinance.
3. CONCLUSION/RECOMMENDATION:
The ORC reviewed the right-of-way and telecommunication ordinances and recommended
approval of the revisions to the Planning Commission.
Staff recommends approval of the proposed text amendments to the City Code.
Attachments:
1. Redlined ROW Ordinance
2. Clean ROW Version
3. Redlined Telecommunications Ordinance
4. Clean Telecommunications Version
5. Ordinance
ARTICLE IV. - RIGHT-OF-WAY
Sec. 82-300. - Election to manage the public right-of-way.
In accordance with the authority granted to the City under state and federal statutory administrative
and common law, the City hereby elects to manage rights-of-way within its jurisdiction.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-301. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Abandoned facility means 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, for a continuous period
of six months.
Applicant means any person requesting permission to excavate or obstruct a right-of-way.
Collocate or Collocation means to install, mount, modify, operate, or replace a small wireless facility
on under, within or adiacent to an existing wireless support structure that is owned Privately or by the
City.
Commission means the state public utilities commission.
Congested right-of-way means 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 Minn. Stats. § 216D.04. subd. 3, over a continuous length in excess of 500
feet.
Construction performance bond means a form of financial security acceptable by the City.
Degradation means 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 7819.1100 means 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 of the state public utilities commission rules, set forth in Minnesota
Rules parts 7819.9900 to 7819.9959.
Degradation fee means 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.
Department means the public works department of the City.
Department inspector means any person authorized by the City to carry out inspections related to
the provisions of this article.
Director means the public works director of the City, or her or his designee.
Delay penalty is the penalty imposed as a result of unreasonable delays in right-of-way excavation,
obstruction, patching or restoration as established by permit.
Emergency means a condition that:
(1) Poses 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 means any tangible asset used to install, repair, or maintain facilities in any right-of-way.
Excavate means to dig into or in any way remove or physically disturb or penetrate any parts of a
right-of-way.
Excavation permit means the permit which, pursuant to this article, 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 means money paid to the City by an applicant to cover the costs. (Refer to
section 82-308)
Facility or facilities means any tangible asset in the right-of-way required to provide utility service.
Five-year project plan means a plan with tentative locations and estimated beginning and ending
dates for all projects contemplated for the five years following the next calendar year.
High density corridor means a designated portion of the public right-of-way within which
telecommunications right-of-way users having multiple and competing facilities may be required to build
and install facilities in a common conduit system or other common structure.
Hole means an excavation in the pavement, with the excavation having a length less than the width
of the pavement.
Local representative means a local person or persons, or designee of such person or persons,
authorized by the registrant to accept service and to make decisions for that registrant regarding all
matters within the scope of this article.
Management costs means the actual costs the City incurs or a reasonable estimate thereof 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;
and revoking right-of-way permits.
Micro wireless facility means a small wireless facility that is no larger than Z4 inches long, 15 inches
mue. and 12 inches high and whose exterior antenna, if any, is longer than 11 inches.
Obstruct means to place any tangible object 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 fee means money paid to the City by a permittee to cover the costs. (Refer to
section 82-305)
Patch or patching means 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 means 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 means "right-of-way permit" to perform work in a public right-of-way, whether to excavate or
obstruct a right-of-way.
Permittee means any person to whom a permit to excavate or obstruct a right-of-way has been
granted by the City under this article.
Person means 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 nonprofit, and whether natural
corporate, or political.
Registrant means any person who:
(1) Has or seeks to have its equipment or a facility located in any right-of-way; or
(2) In any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or
equipment in the right-of-way.
Restore or restoration means 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 means the amount of money paid to the city by a permittee to achieve the level of
restoration according to plates 1 to 13 of the state public utilities commission rules.
Public right-of-way means the area on, below or above a public roadway, highway, street, cartway,
bicycle lane or 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.
Public right-of-way permit means either the excavation permit or the obstruction permit or both,
depending on the context.
Right-of-way user means:
(1) A telecommunications right-of-way user; a person owning or controlling a facility in the public
right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or is
intended to be used for transporting telecommunications or other voice or data information; 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 permit, law, franchise, or ordinance to use
the public right-of-way.
Service or utility service includes:
(1) Those services provided by a public utility as defined in Minn. Stats. § 2166.02, 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 system as defined in Minn. Stat. ch. 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. Stats. ch. 308A;
and
(6) Water, and sewer, including service laterals, steam, cooling or heating services.
Service lateral means 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.
Small wireless facility means a wireless facility that meets both of the following qualifications: (11)
each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an
antenna that has exposed elements, the antenna and all its exposed elements could fit within an
enclosure of no more than six cubic feet; and (2) all other wireless equipment associated with the small
wireless facility, excluding electric_ meters _ concealment elements, telecommunications demarcation
boxes. battery backup ower systems. grounding a ui ment ower transfer switches cutoff switches
cable, conduit, vertical cable runs for the connection of power and other services and any equipment
concealed from Public view within or behind an existing structure or concealment, is in aggregate no more
than 28 cubic feet in volume.
Supplementary application means 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.
Temporary surface means 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 the pavement included in the city's project plans, in which case is considered full
restoration.
Trench means 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 means 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 intended to be used for
transporting telecommunication or other voice or data information. For the purposes of this article, a cable
communication system defined and regulated under Minn. Stats. ch. 238, and telecommunication
activities related to the providing natural gas or electric energy services whether provided by a public
utility as defined in Minn. Stat. § 2166.02, a municipality, a municipal gas or power agency is organized
under Minn. Stats. chs. 453 and 453A, or a cooperative electric association organized under Minn. Stats.
ch. 308A, are not telecommunication right-of-way users for purposes of this article.
Utility Pole means a Dole that is used in whole or in part to facilitate telecommunications or electric
service.
Wireless facility means equipment at a fixed location that enables the provision of wireless services
between user equipment and a wireless service network, including: (1) equipment associated with
wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration; and(3) a small wireless
facility. "Wireless facility" does not include: (1) wireless support structures, (2) wireline backhaul facilities:
or (3) coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or(ii) that are not
otherwise immediately adiacent to or directly associated with a specific antenna.
Wireless service means any service using licensed or unlicensed wireless spectrum, including the
use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless
facilities.
Wireless support structure means a new or existing structure in a public right-of-way designed to
support or capable of supporting small wireless facilities, as reasonably_ determined by a local
government unit.
Wireline backhaul facility means a facility used to transport communications data by wire from a
wireless facility to a communications network.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-302. - Registration and right-of-way occupancy.
(a) Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of-way or
place any equipment or facilities in or on the right-of-way, including persons with installation and
maintenance responsibilities by lease, sublease or assignment, must register with the City.
Registration will consist of providing application information, any other requested information
necessary to evaluate the proposal, and paying a registration fee.
(b) Registration prior to work. No person may construct, install, repair, remove, relocate or perform any
other work on, or use any facilities or any part thereof, or in any right-of-way without first being
registered with the City.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-303. - Registration information.
(a) Information required. The information provided to the City at the time of registration shall include,
but not be limited to:
(1). Each registrant's name, Gopher One -Call registration certificate number, address and e-mail
address, if applicable, and telephone and facsimile numbers.
(2) The name, address and e-mail 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.
(3) A certificate of insurance or self-insurance:
a. Verifying that an insurance policy has been issued to the registrant by an insurance
company licensed to do business in the State of Minnesota, or a form of self-insurance
acceptable to the City;
b. Verifying that the registrant 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 registrant, its officers, agents, employees and permittees, and (ii) placement
and use of facilities and equipment in the right-of-way by the registrant, 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;
c. 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;
d. Requiring that the City be notified 30 days in advance of cancellation of the policy or
material modification of a coverage term; and
e. 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 article.
(4) The City may require a copy of the actual insurance policies.
(5) If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stats.
[§] 300.06 as recorded and certified to by the secretary of state.
(6) A copy of the person's order granting a certificate of authority from the state 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.
(b) Notice of changes. The registrant shall keep all of the information listed above current at all times by
providing to the City information as to changes within 15 days following the date on which the
registrant has knowledge of any change.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-304. - Reporting obligations.
(a) Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a
construction and major maintenance plan for underground facilities with the city. Such plan shall be
submitted using a format designated by the City and shall contain the information determined by the
City to be necessary to facilitate the coordination and reduction in the frequency of excavations and
obstructions of rights-of-way.
The plan shall include, but not be limited to, the following:
(1) The locations and the estimated beginning and ending dates of all projects to be commenced
during the next calendar year; and
(2) To the extent known, the tentative locations and estimated beginning and ending dates for all
projects contemplated for the five years following the next calendar year.
The term project in this section shall include both next -year projects and five-year projects.
By January 1 of each year, the City will have available for inspection in the City's office a composite
list of all projects of which the City has been informed of the annual plans. All registrants are responsible
for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each registrant may change any projects in its list of next -year projects,
and must notify the City and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time join in a next -year project of another
registrant listed by the other registrant.
(b) Additional next -year projects. Notwithstanding the foregoing, the City may give consideration to an
application for a right-of-way permit for failure to include a project in a plan submitted to the City if the
registrant has used commercially reasonable efforts to anticipate and plan for the project.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-305. Right -of -Way Permit requirement.
(a) Permit required. Except as otherwise provided in this Code, no person may obstruct or excavate
any right-of-way without first having obtained the appropriate right-of-way permit from the City to do
SO.
(1) Excavation permit. An excavation permit is required by a registrant 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.
(2) Obstruction permit. An obstruction permit is required by a registrant to hinder free and open
passage over the specified portion of right-of-way by placing equipment described on the right-
of-way, to the extent and for the duration specified. An obstruction permit is not required if a
person already possesses a valid excavation permit for the same project.
(3) Small Wireless Facility permit. A small wireless facility permit is required by a registrant to erect
or install a wireless support structure, to collocate a small wireless facility or to otherwise install
a small wireless facility in the specified portion or the right-of-way. to the extent specified
therein, provided that such permit shall remain in effect for the length of time the facility is in
use unless lawfully revoked. No small wireless facility ermit is re uired to solely conduct: 1
routine maintenance of a small wireless facility, 2 replacement of a small wireless facility with a
new facility that is substantially similar or smaller in size weLght, height, and wind or structural
loading than the small wireless facility being replaced, or 3 installationPlacement,
maintenance, operation, or replacement of micro wireless facilities that are suspended on
cables provider is required to make written notice of such activities to the City if the micro
wireless facility work will obstruct a public right-of-way. A small wireless facility_ permit is
required for the work specified in this paragraph regardless of whether the applicant also
possesses an excavation permit or an obstruction permit.
4 Small Wireless Conditional Use permit. A conditional use permit is required to install a
new wireless support structure in a right-of-way where the underlying district or area is zoned
for single-family residential use or is in a historic district established by federal or state law or
city ordinance. T-heAll proposed small wireless facility and support structure 1s4943,e
caagr-a shall be compatible with the character of the surrounding area and use design,
materials, colors. textures, screening, and landscaping to blend in with the natural setting and
built environment.
(b) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates
specified in the permit unless (i) such person 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.
(c) Delay penalty. 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 by city council resolution. A delay penalty may not be imposed if the delay in project
completion is due to circumstances caused by the City.
(d) Permit display. Permits shall be conspicuously displayed or otherwise available at all times at the
indicated work site and shall be available for inspection by the City.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-306. = Right -of -Way -Permit applications.
Application for a permit is made to the City. Right-of-way permit applications shall contain, and will
be considered complete only upon compliance with, the requirements of the following provisions:
(a) Registration with the city pursuant to this article.
(b) Submission of a completed permit application form, including all required 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) Payment of disputed amounts due the city by posting security or depositing in an escrow account an
amount equal to at least 110 percent of the amount owing.
(e) Posting an additional or larger construction performance bond for additional facilities when applicant
requests an excavation permit to install additional facilities and the City deems the existing
construction performance bond inadequate under applicable standards.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-307. - Issuance of permit; conditions.
(a) Permit issuance. If the applicant has satisfied the requirements of this article, the City may issue a
permit.
(b) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the
performance of the applicant to protect the health, safety and welfare or when necessary to protect
the right-of-way and its current use.
{c) Small Wireless Facility Conditions. In addition to part b, the erection or installation of a wireless
support structure. the collocation of a small wireless facility, or other installation of a small wireless
facility in the right-of-way. shall be subject to the following conditions,
(1) When feasible. a small wireless facility shall be collocated on an existing wireless suoport
structure in the right-of-way. In addition, each new wireless support structures shall be
designed to allow the collocation of wireless facilities. A small wireless facility shall only be
collocated on the ❑articular wireless support structure. under those attachment
specifications, and at the height indicated in the applicable permit application;
anili+v Shall nnly be nollnrAtort on the narti^idar Wireless e.,,nnnr+ c+nUnfiire
und-eir therse attaohm^n+a nifio +ionc nr! �+ the heinh+ inrlioated in the a i+
nlinahle nerm
aaalisatie�
(2) All small wireless facilities and support structures shall be compatible with the character
of the surrounding area and use design, materials. colors, textures, screening, and
landscaping to blend in with the natural setting and built environment. Any deviations from
this requirement must be requested by the applicant as part of the small wireless facility
permit application, and if granted by the City. will be provided for in the Collocation
Agreement,
(3) New wireless support structures installed within the right-of-way shall not exceed 50 feet
in height without the City's written R11thor-ox;+ien niae,d that the -authorization. The Cit
^�,y
may impose a lower height limit in the applicable permit to protect the public health safety
and welfare or to protect the right-of-way and its current use. Any lower height limit
imposed by the City shall comply with maximum heights allowed in the applicable zoning
districts, this shall include but is not limited to utility poles and street lights in the area-,
further igroviddedd that An apglicant may replace an existing wireless support structure
exceeding 50 feet in height with a structure of the same height subject to such conditions
or requirements as may be imposed in the applicable permit. Any !ewer hei..ht limi+
moesed by the Goty 6hall o oly w0th m m heioNs allewe.d in the a9ig"G.hle �
Gl*6tFOGtG, this r6hall 511nir-A-A-t; h -t is not 1* *ted to utolity poles and street !*Qhts 4n t
(4) No wireless facility may extend more than 10 feet above its wireless support structure,
(5) Where an applicant Rronoses to install a new wireless support structure in the right-of-
way, the City may impose reasonable separation requirements between. such structure and
any existing wireless support structure or other facilities in and around the right-of-way;
SUFFOURGIORO ^re^ and use ideainn m^teri^le nnlnre textuFes oreenino .ten 1 1aned6^aninn
(6) Where an
applicant proposes collocation on a decorative wireless support structure, sign or other
structure not intended to support small wireless facilities, ,
c the CiW A imnnce n-d-i+innal reaenn^hle r „irements to ^ m94at
the applicant shall design the wireless
support structure to be compatible with the character of the surrounding area and use
design, materials, colors, textures, screening. and landscaping to blend in with the natural
setting and built environment.
(7) Where an applicant proposes to replace a wireless support structure, the City may
impose reasonable restocking, replacement, or relocation requirements on the
replacement of such structure.
(d) Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a sn4all
wireless support structure owned or controlled by the City. or any other City asset in the right-of-way
after the applicant has executed a small wireless facility Collocation Agreement with the City. The
standard collocation agreement may require payment of the following.
(1) Up to $150 per year for rent to collocate on the city structure,-
(2)
tructure;(2) $25 per year for maintenance associated with the collocation;
(3) A monthly fee for electricity used to operate a small wireless facility, if not purchased
directly from a utility, at a rate of:
(i) 573 per radio node less than or equal to 100 maximum watts:
(ii) $182 per radio node over 100 maximum watts: or
(iii) The actual costs of electricity, if the actual costs exceed the foregoing
The Collocation Agreement shall be in addition to and not in lieu of the required small wireless
facility ermit, provided. however, that the applicant shall not be additionally renuired to obtain a
license or franchise in order to collocate. Issuance of a small wireless facility_ permit does not
supersede_ alter or affect any then -existing agreement between the City and applicant.
(e) Deadline for action on small wireless facilities. The City shall approve or deny a small wireless
facility permit application within 90 days after filing of such application.
(f) Consolidated applications for small wireless facilities. An applicant may file a consolidated small
wireless facility permit application addressing the proposed collocation of up to 15 small wireless
facilities. or a greater number if agreed to by the City, provided that all small wireless facilities in the
application.
(1) are located within a two-mile radius;
2 consist of substantially similar a ui mento and
(3)_ are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the City may approve some small
wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny
all small wireless facilities in the application.
(g) Deadline on small wireless facilities. The 90 -day deadline for action on a small wireless facility
permit application may be extended or paused if:
1 The City receives applications from one or more applicants seeking approval of permits for
more than 30 small wireless facilities within a seven-day period. In such case, the City
may extend the deadline for all such applications by 30 days by informing the affected
applicants in writing of such extension;
2) The 90-dav deadline may be paused if. Tthe applicant fails to submit all recuired
documents or information and the City provides written notice of incompleteness to the
applicant within 30 days of receipt the application. Upon submission of additional
documents or information, the Citv shall have ten days to notifv the aoplicant in writing of
any still -missing information;
(3) The City and a small wireless facility applicant agree in writing to waive or extend the
review period.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-308. - Permit fees.
(a) Excavation permit fee. The City shall establish an excavation permit fee in an amount sufficient to
recover the following costs:
(1) The City management costs;
(2) The degradation costs, if applicable.
(b) Obstruction permit fee. The City shall establish the obstruction permit fee and shall be in an amount
sufficient to recover the management costs.
(c) 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 30
days of billing.
(d) Small wireless facility permit fee. The small wireless permit fee shall be set forth in the annual fee
schedule for the City of Hugo, in an amount sufficient to recover:
( 1) The City management costs;
(2) Site plan review costs, and;
(3) City engineering, make-ready_. and construction costs associated with collocation r mal
wireless facilities.
(ed) Nonrefundable. Permit fees that were paid for a permit that the City has revoked for a breach are
not refundable.
(fe) 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 agreement.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-309. - Right-of-way patching and restoration.
(a) Timing. The work to be done under the excavation permit, and the patching and restoration of the
right -of way as required, 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.
(b) Patching and restoration. Permittee shall patch its own work. The City may choose either to have
the permittee restore the right-of-way or to restore the right-of-way itself.
(1) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of
application for an excavation permit post a construction performance bond.
(2) City restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within
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 30 days of billing, all costs
associated with correcting the defective work.
(3) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, 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.
(c) Standards. The permittee shall perform excavation, backfilling, patching and restoration according
to the standards and with the materials specified by the City and shall comply with Minnesota Rule
7819.1100.
(d) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by
permittee or its agents. The 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 working 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
prevented by extreme weather unless required earlier to avoid a hazard or damage to persons or
property.
(e) 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 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-310. -Joint applications.
(a) Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at
the same place and time.
(b) Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the
City 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.
(c) With City projects. Registrants who join in a scheduled obstruction or excavation performed by the
city, 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
will still be required.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-311. - Supplementary applications.
(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. 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 (i) make application for a permit extension and pay any
additional fees required, and (ii) 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, 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-312. - Other obligations.
(a) Compliance with 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 regulation. A permittee shall comply with all requirements of local, state
and federal laws, including but not limited to Minn. Stats. § 216D.01—.09 (Gopher One Call
Excavation Notice System) and Minnesota Rules ch. 7560. 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) Interference with right-of-way. A permittee shall not so obstruct a right-of-way that the natural free
and clear passage of water through the gutters 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 city parking regulations. The loading or unloading of trucks must
be done solely within the defined permit area unless specifically authorized by the permit.
(c) Prohibited work. Except in an emergency, and with the approval of the City, no right-of-way
obstruction or excavation may be done when seasonally prohibited or when conditions are
unreasonable for such work.
(d) 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 Minn. Stats. § 216D and Minnesota Rules, ch. 7560 and shall require pot
holing or open cutting over existing underground utilities before excavating as determined by the
director.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-313. - Denial of permit.
The City may deny a permit for failure to meet the requirements and conditions of this article 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-314. - 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 7819.500 and other applicable local
requirements, in so far as they are not inconsistent with the Minn. Stats. §§ 237.162 and 237.163.
Installation of service laterals shall be performed in accordance with Minnesota Rules chapter 7560 and
city ordinances and design standards. Service lateral installation is further subject to those requirements
and conditions set forth by the City in the applicable permits.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-315. - Inspection.
(a) Notice of completion. When work under any permit is completed, the permittee shall notify the
director of completion.
(b) Site inspection. Permittee shall make the work -site available to the City and to all others as
authorized by law for inspection at all reasonable times during the execution of and upon completion
of the work.
(c) Authority of director.
(1) At the time of inspection, the director may order the immediate cessation of any work which
poses a serious threat to the life, health, safety or well-being of the public.
(2) The director may issue an order to the permittee for any work that 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 days after
issuance of the order, the permittee shall present proof to the director that the violation has
been corrected. If such proof has not been presented within the required time, the director may
revoke the permit pursuant to section 82-318.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-316. - Work done without a permit.
(a) Emergency situations. Each registrant shall immediately notify the director of any event regarding its
facilities that it or the City considers to be an emergency.
Fespend to the emergenG The registrant shall take actions as are
reasonably necessary to respond to the emergency and prevent damage or harm to life, safety, or
rp operty. Excavator's notification to Gopher State One Call regarding an emergency situation does
not fulfill this requirement.
Within two business days after the occurrence of the emergency, the registrant shall apply for the
necessary permits, pay the necessary fees, and fulfill the rest of the requirements to bring itself into
compliance with this article for the actions it took in response to the emergency.
If the City becomes aware of an emergency regarding a registrant's facilities, the City will attempt to
contact the local representative of each registrant 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 shalt be borne by the registrant whose facilities occasioned the emergency.
(b) Nonemergency situations. Except in an emergency involving potential loss of life or substantial
damage to property, 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 article.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-317. - Supplementary notification.
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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-318. - Revocation of permits.
(a) 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:
(1) The violation of any material provision of the right-of-way permit;
(2) 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;
(3) Any material misrepresentation of fact in the application for a right-of-way permit;
(4) The failure to complete the work in a timely manner, unless a permit extension is obtained or
unless the failure to compete the work is due to reasons beyond the permittee's control; or
(5) The failure to correct, in a timely manner, work that does not conform to a condition indicated
on an order issued pursuant to section 82-315.
(b) 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 except in the case
of emergency determined by the City in which case the city may give such notice as is reasonably
practical under the circumstances and thereafter proceed to correct the condition at the permittee's
expense. 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.
(c) Response to notice of breach. Within 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 permittee's failure to timely submit an acceptable plan, or permittee's failure to
reasonably implement the approved plan, shall be cause for immediate revocation of the permit.
(d) 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
attorneys' fees incurred in connection with such revocation.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-319. - Mapping data.
Each registrant and permittee shall provide mapping information when practical and as requested by
the director. Such maps and drawings 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.
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, 2005, shall be a condition of any City approval necessary for:
(1) Payments to contractors working on a public improvement project including those under Minn.
Stats. ch. 429; and
(2) City approval of performance under development agreements, or other subdivision or site plan
approval under Minn. Stats. ch. 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-320. - Location and relocation of facilities.
(a) Placement, location and relocation of facilities must comply with the Astordinance, with other
applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the
rules to not limit authority otherwise available to cities.
(b) 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 facilities that is or, pursuant to current technology, the
city 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.
(c) Limitation of space. To protect health, safety, and welfare, or when determined by the City
necessary to protect the right-of-way and its current use, the City shall have the power to prohibit or
limit the placement of new or additional facilities within the right-of-way. In making such decisions,
the City shall strive to the extent possible to accommodate all existing and potential users of the
right-of-way, but shall be guided in the City's discretion primarily by considerations of the public
interest, the public's needs for the particular utility service, the condition of the right-of-way, and 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-321. - Pre -excavation facilities location.
In addition to complying with the requirements of the One Call Excavation Notice System before the
start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be
excavated shall mark the placement of all said facilities. Any registrant whose facilities are less than 20
inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-322. - Damage to other facilities.
When the City does work in the right-of-way and finds it necessary to maintain, remove, support, or
move a registrant's facilities to protect it, the City shall notify the local representative as early as is
reasonably possible. The costs associated therewith will be billed to that registrant and must be paid
within 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 damage. 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-323. - Right-of-way vacation.
Reservation of right. If the city vacates a right-of-way that contains the facilities of a registrant, the
registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-324. - Indemnification and liability.
By registering with the City, or by accepting a permit, a registrant or permittee agrees to defend and
indemnify the City in accordance with the provisions of Minnesota Rule 7819.12500.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-325. - Abandoned and unusable facilities.
(a) Discontinued operations. A registrant who has determined to discontinue all or a portion of its
operations in the City must provide information satisfactory to the city that the registrant's obligations
for its facilities in the right-of-way under this article have been lawfully assumed by another
registrant.
(b) Removal of abandoned facilities. Any facility that remains nonfunctional or inoperative for a
continuous period of six months the system shall be deemed abandoned and shall constitute a
public nuisance. Any person who has abandoned facilities in the 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 the director waives this requirement.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-326. - Appeal.
A right-of-way user that:
(1) Has been denied registration;
(2) Has been denied a permit;
(3) Has had a permit revoked;
(4) Believes that the fees imposed are not in conformity with Minn. Stats. § 237.163, subd. 6; or
(5) Disputes a determination of the director may have the denial, revocation, fee imposition, or
decision reviewed, upon written request, by the City Council.
The City Council shall act on a timely written request as soon as reasonably possible. 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Secs. 82-327-82-349. - Reserved.
ARTICLE IV. - RIGHT-OF-WAY
Sec. 82-300. - Election to manage the public right-of-way.
In accordance with the authority granted to the City under state and federal statutory administrative
and common law, the City hereby elects to manage rights-of-way within its jurisdiction.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-301. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Abandoned facility means 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, for a continuous period
of six months.
Applicant means any person requesting permission to excavate or obstruct a right-of-way.
Collocate or Collocation means to install, mount, modify, operate, or replace a small wireless facility
on, under, within, or adjacent to an existing wireless support structure that is owned privately or by the
City.
Commission means the state public utilities commission.
Congested right-of-way means 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 Minn. Stats. § 216D.04. subd. 3, over a continuous length in excess of 500
feet.
Construction performance bond means a form of financial security acceptable by the City.
Degradation means 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 7819.1100 means 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 of the state public utilities commission rules, set forth in Minnesota
Rules parts 7819.9900 to 7819.9959.
Degradation fee means 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.
Department means the public works department of the City.
Department inspector means any person authorized by the City to carry out inspections related to
the provisions of this article.
Director means the public works director of the City, or her or his designee.
Delay penalty is the penalty imposed as a result of unreasonable delays in right-of-way excavation,
obstruction, patching or restoration as established by permit.
Emergency means a condition that:
(1) Poses 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 means any tangible asset used to install, repair, or maintain facilities in any right-of-way.
Excavate means to dig into or in any way remove or physically disturb or penetrate any parts of a
right-of-way.
Excavation permit means the permit which, pursuant to this article, 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 means money paid to the City by an applicant to cover the costs. (Refer to
section 82-308)
Facility or facilities means any tangible asset in the right-of-way required to provide utility service.
Five-year project plan means a plan with tentative locations and estimated beginning and ending
dates for all projects contemplated for the five years following the next calendar year.
High density corridor means a designated portion of the public right-of-way within which
telecommunications right-of-way users having multiple and competing facilities may be required to build
and install facilities in a common conduit system or other common structure.
Hole means an excavation in the pavement, with the excavation having a length less than the width
of the pavement.
Local representative means a local person or persons, or designee of such person or persons,
authorized by the registrant to accept service and to make decisions for that registrant regarding all
matters within the scope of this article.
Management costs means the actual costs the City incurs or a reasonable estimate thereof 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;
and revoking right-of-way permits.
Micro wireless facility means a small wireless facility that is no larger than 24 inches long, 15 inches
wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
Obstruct means to place any tangible object 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 fee means money paid to the City by a permittee to cover the costs. (Refer to
section 82-305)
Patch or patching means 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 means 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 means "right-of-way permit" to perform work in a public right-of-way, whether to excavate or
obstruct a right-of-way.
Permittee means any person to whom a permit to excavate or obstruct a right-of-way has been
granted by the City under this article.
Person means 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 nonprofit, and whether natural
corporate, or political.
Registrant means any person who:
(1) Has or seeks to have its equipment or a facility located in any right-of-way; or
(2) In any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or
equipment in the right-of-way.
Restore or restoration means 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 means the amount of money paid to the city by a permittee to achieve the level of
restoration according to plates 1 to 13 of the state public utilities commission rules.
Public right-of-way means the area on, below or above a public roadway, highway, street, cartway,
bicycle lane or 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.
Public right-of-way permit means either the excavation permit or the obstruction permit or both,
depending on the context.
Right-of-way user means:
(1) A telecommunications right-of-way user; a person owning or controlling a facility in the public
right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or is
intended to be used for transporting telecommunications or other voice or data information; 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 permit, law, franchise, or ordinance to use
the public right-of-way.
Service or utility service includes:
(1) Those services provided by a public utility as defined in Minn. Stats. § 2166.02, 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 system as defined in Minn. Stat. ch. 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. Stats. ch. 308A;
and
(6) Water, and sewer, including service laterals, steam, cooling or heating services.
Service lateral means 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.
Small wireless facility means a wireless facility that meets both of the following qualifications: (1)
each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an
antenna that has exposed elements, the antenna and all its exposed elements could fit within an
enclosure of no more than six cubic feet; and (2) all other wireless equipment associated with the small
wireless facility, excluding electric meters, concealment elements, telecommunications demarcation
boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches,
cable, conduit, vertical cable runs for the connection of power and other services, and any equipment
concealed from public view within or behind an existing structure or concealment, is in aggregate no more
than 28 cubic feet in volume.
Supplementary application means 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.
Temporary surface means 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 the pavement included in the city's project plans, in which case is considered full
restoration.
Trench means 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 means 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 intended to be used for
transporting telecommunication or other voice or data information. For the purposes of this article, a cable
communication system defined and regulated under Minn. Stats. ch. 238, and telecommunication
activities related to the providing natural gas or electric energy services whether provided by a public
utility as defined in Minn. Stat. § 216B.02, a municipality, a municipal gas or power agency is organized
under Minn. Stats. chs. 453 and 453A, or a cooperative electric association organized under Minn. Stats.
ch. 308A, are not telecommunication right-of-way users for purposes of this article.
Utility Pole means a pole that is used in whole or in part to facilitate telecommunications or electric
service.
Wireless facility means equipment at a fixed location that enables the provision of wireless services
between user equipment and a wireless service network, including: (1) equipment associated with
wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration; and(3) a small wireless
facility. "Wireless facility" does not include: (1) wireless support structures; (2) wireline backhaul facilities;
or (3) coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) that are not
otherwise immediately adjacent to or directly associated with a specific antenna.
Wireless service means any service using licensed or unlicensed wireless spectrum, including the
use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless
facilities.
Wireless support structure means a new or existing structure in a public right-of-way designed to
support or capable of supporting small wireless facilities, as reasonably determined by a local
government unit.
Wireline backhaul facility means a facility used to transport communications data by wire from a
wireless facility to a communications network.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-302. - Registration and right-of-way occupancy.
(a) Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of-way or
place any equipment or facilities in or on the right-of-way, including persons with installation and
maintenance responsibilities by lease, sublease or assignment, must register with the City.
Registration will consist of providing application information, any other requested information
necessary to evaluate the proposal, and paying a registration fee.
(b) Registration prior to work. No person may construct, install, repair, remove, relocate or perform any
other work on, or use any facilities or any part thereof, or in any right-of-way without first being
registered with the City.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-303. - Registration information.
(a) Information required. The information provided to the City at the time of registration shall include,
but not be limited to:
(1) Each registrant's name, Gopher One -Call registration certificate number, address and e-mail
address, if applicable, and telephone and facsimile numbers.
(2) The name, address and e-mail 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.
(3) A certificate of insurance or self-insurance:
a. Verifying that an insurance policy has been issued to the registrant by an insurance
company licensed to do business in the State of Minnesota, or a form of self-insurance
acceptable to the City;
b. Verifying that the registrant 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 registrant, its officers, agents, employees and permittees, and (ii) placement
and use of facilities and equipment in the right-of-way by the registrant, 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;
c. 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;
d. Requiring that the City be notified 30 days in advance of cancellation of the policy or
material modification of a coverage term; and
e. 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 article.
(4) The City may require a copy of the actual insurance policies.
(5) If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stats.
[§] 300.06 as recorded and certified to by the secretary of state.
(6) A copy of the person's order granting a certificate of authority from the state 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.
(b) Notice of changes. The registrant shall keep all of the information listed above current at all times by
providing to the City information as to changes within 15 days following the date on which the
registrant has knowledge of any change.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-304. - Reporting obligations.
(a) Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a
construction and major maintenance plan for underground facilities with the city. Such plan shall be
submitted using a format designated by the City and shall contain the information determined by the
City to be necessary to facilitate the coordination and reduction in the frequency of excavations and
obstructions of rights-of-way.
The plan shall include, but not be limited to, the following:
(1) The locations and the estimated beginning and ending dates of all projects to be commenced
during the next calendar year; and
(2) To the extent known, the tentative locations and estimated beginning and ending dates for all
projects contemplated for the five years following the next calendar year.
The term project in this section shall include both next -year projects and five-year projects.
By January 1 of each year, the City will have available for inspection in the City's office a composite
list of all projects of which the City has been informed of the annual plans. All registrants are responsible
for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each registrant may change any projects in its list of next -year projects,
and must notify the City and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time join in a next -year project of another
registrant listed by the other registrant.
(b) Additional next -year projects. Notwithstanding the foregoing, the City may give consideration to an
application for a right-of-way permit for failure to include a project in a plan submitted to the City if the
registrant has used commercially reasonable efforts to anticipate and plan for the project.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-305. — Right -of -Way Permit requirement.
(a) Permit required. Except as otherwise provided in this Code, no person may obstruct or excavate
any right-of-way without first having obtained the appropriate right-of-way permit from the City to do
so.
(1) Excavation permit. An excavation permit is required by a registrant 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.
(2) Obstruction permit. An obstruction permit is required by a registrant to hinder free and open
passage over the specified portion of right-of-way by placing equipment described on the right-
of-way, to the extent and for the duration specified. An obstruction permit is not required if a
person already possesses a valid excavation permit for the same project.
(3) Small Wireless Facility permit. A small wireless facility permit is required by a registrant to erect
or install a wireless support structure, to collocate a small wireless facility or to otherwise install
a small wireless facility in the specified portion or the right-of-way, to the extent specified
therein, provided that such permit shall remain in effect for the length of time the facility is in
use, unless lawfully revoked. No small wireless facility permit is required to solely conduct: 1)
routine maintenance of a small wireless facility; 2) replacement of a small wireless facility with a
new facility that is substantially similar or smaller in size, weight, height, and wind or structural
loading than the small wireless facility being replaced; or 3) installation, placement,
maintenance, operation, or replacement of micro wireless facilities that are suspended on
cables provider is required to make written notice of such activities to the City if the micro
wireless facility work will obstruct a public right-of-way. A small wireless facility permit is
required for the work specified in this paragraph regardless of whether the applicant also
possesses an excavation permit or an obstruction permit.
(4) Small Wireless Conditional Use permit. A conditional use permit is required to install a
new wireless support structure in a right-of-way where the underlying district or area is zoned
for single-family residential use or is in a historic district established by federal or state law or
city ordinance. All proposed small wireless facility and support structure shall be compatible with
the character of the surrounding area and use design, materials, colors, textures, screening,
and landscaping to blend in with the natural setting and built environment.
(b) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates
specified in the permit unless (i) such person 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.
(c) Delay penalty. 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 by city council resolution. A delay penalty may not be imposed if the delay in project
completion is due to circumstances caused by the City.
(d) Permit display. Permits shall be conspicuously displayed or otherwise available at all times at the
indicated work site and shall be available for inspection by the City.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-306. — Right -of -Way Permit applications.
Application for a permit is made to the City. Right-of-way permit applications shall contain, and will
be considered complete only upon compliance with, the requirements of the following provisions:
(a) Registration with the city pursuant to this article.
(b) Submission of a completed permit application form, including all required 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) Payment of disputed amounts due the city by posting security or depositing in an escrow account an
amount equal to at least 110 percent of the amount owing.
(e) Posting an additional or larger construction performance bond for additional facilities when applicant
requests an excavation permit to install additional facilities and the City deems the existing
construction performance bond inadequate under applicable standards.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-307. - Issuance of permit; conditions.
(a) Permit issuance. If the applicant has satisfied the requirements of this article, the City may issue a
permit.
(b) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the
performance of the applicant to protect the health, safety and welfare or when necessary to protect
the right-of-way and its current use.
(c) Small Wireless Facility Conditions. In addition to part b, the erection or installation of a wireless
support structure, the collocation of a small wireless facility, or other installation of a small wireless
facility in the right-of-way, shall be subject to the following conditions.
(1) When feasible, a small wireless facility shall be collocated on an existing wireless support
structure in the right-of-way. In addition, each new wireless support structure shall be
designed to allow the collocation of wireless facilities. A small wireless facility shall only be
collocated on the particular wireless support structure, under those attachment
specifications, and at the height indicated in the applicable permit application;
(2) All small wireless facilities and support structures shall be compatible with the character
of the surrounding area and use design, materials, colors, textures, screening, and
landscaping to blend in with the natural setting and built environment. Any deviations from
this requirement must be requested by the applicant as part of the small wireless facility
permit application, and if granted by the City, will be provided for in the Collocation
Agreement;
(3) New wireless support structures installed within the right-of-way shall not exceed 50 feet
in height without the City's written authorization. The City may impose a lower height limit
in the applicable permit to protect the public health, safety and welfare or to protect the
right-of-way and its current use. Any lower height limit imposed by the City shall comply
with maximum heights allowed in the applicable zoning districts, this shall include but is not
limited to utility poles and street lights in the area, An applicant may replace an existing
wireless support structure exceeding 50 feet in height with a structure of the same height
subject to such conditions or requirements as may be imposed in the applicable permit.
(4) No wireless facility may extend more than 10 feet above its wireless support structure;
(5) Where an applicant proposes to install a new wireless support structure in the right-of-
way, the City may impose reasonable separation requirements between such structure and
any existing wireless support structure or other facilities in and around the right-of-way;
(6) Where an applicant proposes collocation on a decorative wireless support structure, sign
or other structure not intended to support small wireless facilities, the applicant shall
design the wireless support structure to be compatible with the character of the
surrounding area and use design, materials, colors, textures, screening, and landscaping
to blend in with the natural setting and built environment.
(7) Where an applicant proposes to replace a wireless support structure, the City may
impose reasonable restocking, replacement, or relocation requirements on the
replacement of such structure.
(d) Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a wireless
support structure owned or controlled by the City, or any other City asset in the right-of-way, after the
applicant has executed a small wireless facility Collocation Agreement with the City. The standard
collocation agreement may require payment of the following.
(1) Up to $150 per year for rent to collocate on the city structure;
(2) $25 per year for maintenance associated with the collocation;
(3) A monthly fee for electricity used to operate a small wireless facility, if not purchased
directly from a utility, at a rate of:
(i) $73 per radio node less than or equal to 100 maximum watts;
(ii) $182 per radio node over 100 maximum watts; or
(iii) The actual costs of electricity, if the actual costs exceed the foregoing.
The Collocation Agreement shall be in addition to, and not in lieu of, the required small wireless
facility permit, provided, however, that the applicant shall not be additionally required to obtain a
license or franchise in order to collocate. Issuance of a small wireless facility permit does not
supersede, alter or affect any then -existing agreement between the City and applicant.
(e) Deadline for action on small wireless facilities. The City shall approve or deny a small wireless
facility permit application within 90 days after filing of such application.
(f) Consolidated applications for small wireless facilities. An applicant may file a consolidated small
wireless facility permit application addressing the proposed collocation of up to 15 small wireless
facilities, or a greater number if agreed to by the City, provided that all small wireless facilities in the
application.
(1) are located within a two-mile radius;
(2) consist of substantially similar equipment; and
(3) are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the City may approve some small
wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny
all small wireless facilities in the application.
(g) Deadline on small wireless facilities. The 90 -day deadline for action on a small wireless facility
permit application may be extended or paused if:
(1) The City receives applications from one or more applicants seeking approval of permits for
more than 30 small wireless facilities within a seven-day period. In such case, the City
may extend the deadline for all such applications by 30 days by informing the affected
applicants in writing of such extension;
(2) The 90 -day deadline may be paused if, the applicant fails to submit all required documents
or information and the City provides written notice of incompleteness to the applicant within
30 days of receipt the application. Upon submission of additional documents or
information, the City shall have ten days to notify the applicant in writing of any still -missing
information;
(3) The City and a small wireless facility applicant agree in writing to waive or extend the
review period.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-308. - Permit fees.
(a) Excavation permit fee. The City shall establish an excavation permit fee in an amount sufficient to
recover the following costs:
(1) The City management costs;
(2) The degradation costs, if applicable.
(b) Obstruction permit fee. The City shall establish the obstruction permit fee and shall be in an amount
sufficient to recover the management costs.
(c) 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 30
days of billing.
(d) Small wireless facility permit fee. The small wireless permit fee shall be set forth in the annual fee
schedule for the City of Hugo, in an amount sufficient to recover:
(1) The City management costs;
(2) Site plan review costs, and;
(3) City engineering, make-ready, and construction costs associated with collocation of small
wireless facilities.
(e) Nonrefundable. Permit fees that were paid for a permit that the City has revoked for a breach are
not refundable.
(f) 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 agreement.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-309. - Right-of-way patching and restoration.
(a) Timing. The work to be done under the excavation permit, and the patching and restoration of the
right -of way as required, 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.
(b) Patching and restoration. Permittee shall patch its own work. The City may choose either to have
the permittee restore the right-of-way or to restore the right-of-way itself.
(1) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of
application for an excavation permit post a construction performance bond.
(2) City restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within
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 30 days of billing, all costs
associated with correcting the defective work.
(3) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, 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.
(c) Standards. The permittee shall perform excavation, backfilling, patching and restoration according
to the standards and with the materials specified by the City and shall comply with Minnesota Rule
7819.1100.
(d) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by
permittee or its agents. The 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 working 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
prevented by extreme weather unless required earlier to avoid a hazard or damage to persons or
property.
(e) 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 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-310. - Joint applications.
(a) Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at
the same place and time.
(b) Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the
City 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.
(c) With City projects. Registrants who join in a scheduled obstruction or excavation performed by the
city, 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
will still be required.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-311. - Supplementary applications.
(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. 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 (i) make application for a permit extension and pay any
additional fees required, and (ii) be granted in writing 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, 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-312. - Other obligations.
(a) Compliance with 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 regulation. A permittee shall comply with all requirements of local, state
and federal laws, including but not limited to Minn. Stats. § 216D.01—.09 (Gopher One Call
Excavation Notice System) and Minnesota Rules ch. 7560. 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) Interference with right-of-way. A permittee shall not so obstruct a right-of-way that the natural free
and clear passage of water through the gutters 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 city parking regulations. The loading or unloading of trucks must
be done solely within the defined permit area unless specifically authorized by the permit.
(c) Prohibited work. Except in an emergency, and with the approval of the City, no right-of-way
obstruction or excavation may be done when seasonally prohibited or when conditions are
unreasonable for such work.
(d) 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 Minn. Stats. § 216D and Minnesota Rules, ch. 7560 and shall require pot
holing or open cutting over existing underground utilities before excavating as determined by the
director.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-313. - Denial of permit.
The City may deny a permit for failure to meet the requirements and conditions of this article 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-314. - 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 7819.500 and other applicable local
requirements, in so far as they are not inconsistent with the Minn. Stats. §§ 237.162 and 237.163.
Installation of service laterals shall be performed in accordance with Minnesota Rules chapter 7560 and
city ordinances and design standards. Service lateral installation is further subject to those requirements
and conditions set forth by the City in the applicable permits.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-315. - Inspection.
(a) Notice of completion. When work under any permit is completed, the permittee shall notify the
director of completion.
(b) Site inspection. Permittee shall make the work -site available to the City and to all others as
authorized by law for inspection at all reasonable times during the execution of and upon completion
of the work.
(c) Authority of director.
(1) At the time of inspection, the director may order the immediate cessation of any work which
poses a serious threat to the life, health, safety or well-being of the public.
(2) The director may issue an order to the permittee for any work that 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 days after
issuance of the order, the permittee shall present proof to the director that the violation has
been corrected. If such proof has not been presented within the required time, the director may
revoke the permit pursuant to section 82-318.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-316. - Work done without a permit.
(a) Emergency situations. Each registrant shall immediately notify the director of any event regarding its
facilities that it or the City considers to be an emergency. The registrant shall take actions as are
reasonably necessary to respond to the emergency and prevent damage or harm to life, safety, or
property. Excavator's notification to Gopher State One Call regarding an emergency situation does
not fulfill this requirement.
Within two business days after the occurrence of the emergency, the registrant shall apply for the
necessary permits, pay the necessary fees, and fulfill the rest of the requirements to bring itself into
compliance with this article for the actions it took in response to the emergency.
If the City becomes aware of an emergency regarding a registrant's facilities, the City will attempt to
contact the local representative of each registrant 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 registrant whose facilities occasioned the emergency.
(b) Nonemergency situations. Except in an emergency involving potential loss of life or substantial
damage to property, 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 article.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-317. - Supplementary notification.
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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-318. - Revocation of permits.
(a) 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:
(1) The violation of any material provision of the right-of-way permit;
(2) 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;
(3) Any material misrepresentation of fact in the application for a right-of-way permit;
(4) The failure to complete the work in a timely manner, unless a permit extension is obtained or
unless the failure to compete the work is due to reasons beyond the permittee's control; or
(5) The failure to correct, in a timely manner, work that does not conform to a condition indicated
on an order issued pursuant to section 82-315.
(b) 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 except in the case
of emergency determined by the City in which case the city may give such notice as is reasonably
practical under the circumstances and thereafter proceed to correct the condition at the permittee's
expense. 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.
(c) Response to notice of breach. Within 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 permittee's failure to timely submit an acceptable plan, or permittee's failure to
reasonably implement the approved plan, shall be cause for immediate revocation of the permit.
(d) 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
attorneys' fees incurred in connection with such revocation.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-319. - Mapping data.
Each registrant and permittee shall provide mapping information when practical and as requested by
the director. Such maps and drawings 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.
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, 2005, shall be a condition of any City approval necessary for:
(1) Payments to contractors working on a public improvement project including those under Minn.
Stats. ch. 429; and
(2) City approval of performance under development agreements, or other subdivision or site plan
approval under Minn. Stats. ch. 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-320. - Location and relocation of facilities.
(a) Placement, location and relocation of facilities must comply with the ordinance, with other applicable
law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules to not
limit authority otherwise available to cities.
(b) 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 facilities that is or, pursuant to current technology, the
city 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.
(c) Limitation of space. To protect health, safety, and welfare, or when determined by the City
necessary to protect the right-of-way and its current use, the City shall have the power to prohibit or
limit the placement of new or additional facilities within the right-of-way. In making such decisions,
the City shall strive to the extent possible to accommodate all existing and potential users of the
right-of-way, but shall be guided in the City's discretion primarily by considerations of the public
interest, the public's needs for the particular utility service, the condition of the right-of-way, and 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-321. - Pre -excavation facilities location.
In addition to complying with the requirements of the One Call Excavation Notice System before the
start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be
excavated shall mark the placement of all said facilities. Any registrant whose facilities are less than 20
inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-322. - Damage to other facilities.
When the City does work in the right-of-way and finds it necessary to maintain, remove, support, or
move a registrant's facilities to protect it, the City shall notify the local representative as early as is
reasonably possible. The costs associated therewith will be billed to that registrant and must be paid
within 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 damage. 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-323. - Right-of-way vacation.
Reservation of right. If the city vacates a right-of-way that contains the facilities of a registrant, the
registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-324. - Indemnification and liability.
By registering with the City, or by accepting a permit, a registrant or permittee agrees to defend and
indemnify the City in accordance with the provisions of Minnesota Rule 7819.12500.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-325. - Abandoned and unusable facilities.
(a) Discontinued operations. A registrant who has determined to discontinue all or a portion of its
operations in the City must provide information satisfactory to the city that the registrant's obligations
for its facilities in the right-of-way under this article have been lawfully assumed by another
registrant.
(b) Removal of abandoned facilities. Any facility that remains nonfunctional or inoperative for a
continuous period of six months, the system shall be deemed abandoned and shall constitute a
public nuisance. Any person who has abandoned facilities in the 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 the director waives this requirement.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-326. - Appeal.
A right-of-way user that:
(1) Has been denied registration;
(2) Has been denied a permit;
(3) Has had a permit revoked;
(4) Believes that the fees imposed are not in conformity with Minn. Stats. § 237.163, subd. 6; or
(5) Disputes a determination of the director may have the denial, revocation, fee imposition, or
decision reviewed, upon written request, by the City Council.
The City Council shall act on a timely written request as soon as reasonably possible. 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.
(Ord. No. 2010-445, § 2, 4-5-2010)
Secs. 82-327-82-349. - Reserved.
ARTICLE II. -TELECOMMUNICATION INSTALLATION REGULATIONS
Sec. 74-19. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Administrator means the city administrator (or equivalent position at the city) or designated
representative.
Company means a natural or corporate person, business association, political subdivision, public or
private agency of any kind, its successors and assigns, who or which seeks or is required to construct,
install, operate, repair, maintain, remove or relocate facilities in the city.
Facilities means communications lines or equipment of any kind, including, but not limited to, lines or
equipment for the transmission of audio, video, or data, or other similar communications services, not
otherwise governed by any state law granting exclusive jurisdiction to the state level, including al trunks,
lines, cables, wires, optical fibers or other fiber optic cables, laser equipment, circuits, physical
connections, switching equipment, wireless communication equipment of all kinds, towers, and any
necessary appurtenances owned, leased or operated by a company on, over, in, under, across or along
any public ground.
Public ground means highways, roads, streets, alleys, public ways, utility easements and public
grounds in the city.
Small wireless facility means a wireless facility that meets both of the following qualifications: (1)
each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an
antenna that has exposed elements the antenna and all its exposed elements could fit within an
enclosure of no more than six cubic feet, and (2) all other wireless equipment associated with the small
wireless facility, excluding electric meters _concealment elements, telecommunications demarcation
boxes battery backup ower systems, roundin equipment, power transfer switches cutoff switches
cable, conduit. vertical cable runs for the connection of power and other services, and any equipment
concealed from public view within or behind an existing structure or concealment, is in aggregate no more
than 28 cubic feet in volume
(Prior Code, § 270-010)
Sec. 74-20. - Permit procedure.
(a) Permit required. A company may not construct, install, repair, remove or relocate facilities, or any
part thereof, in, on, over, under or along public ground without first obtaining a permit from the city.
(b) Application. Application for a permit is made to the administrator.
(c) Issuance of permit. If the administrator determines that the applicant has satisfied the
requirements of applicable ordinances, the administrator may issue a permit to the company. An
applicant may contest a permit denial or the conditions of approval by written notice to the clerk
requesting the city council review within 14 days of the administrator's action. The council shall hear
any contest of the administrator's actions under this article within 45 days of the city clerk's receipt of
the contest notice. Nothing in this article precludes the city from requiring a franchise agreement with
the applicant, as allowed by law, in addition to the issuance of a permit set forth herein.
(d) Permit fee. The application must be accompanied by the permit fee set by the city council by
resolution.
(e) Security for completion of work. Prior to commencement of work, the company must deposit with
the city security in the form of a certified check, letter of credit or construction bond, in a sufficient
amount as determined by the administrator for the completion of the work. The securities will be held
until the work is completed plus a period of 12 months thereafter to guarantee that restoration work
has been satisfactorily completed. Upon application of the company, providing such information as
the administrator may require, if two or more work projects are to be constructed during a calendar
year, the administrator may accept, in lieu of separate security for each project, a single security for
multiple projects in such form and amount as determined, in the discretion of the administrator, to be
sufficient to assure completion of all projects which may be in progress at any one time during that
calendar year and to guaranty that restoration work will be satisfactorily completed. The security will
then be returned to the company with interest if required by law and at the applicable statutory rate.
(f) Inspection of work. When the work is completed the company must request an inspection by the
administrator. The administrator will determine if the work has been satisfactorily completed and
provide the company with a written report of the inspection and approval.
Small Wireless Facility. For conditions on small wireless facility ermits. refer to Chapter 82
Utilities, Article IV Right-of-way.
(Prior Code, § 270-020)
Sec. 74-21. - Restoration and relocation.
(a) Restoration. Upon completion of the work, the company must restore the general area of the work,
including paving and its foundations, to the same condition that existed prior to commencement of
the work and must exercise reasonable care to maintain the same condition for two years thereafter.
The work must be completed as promptly as weather permits. If the company does not promptly
perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the
public ground to the same condition, the city may put it in the same condition at the expense of the
company. The company must, upon demand, pay to the city the direct and indirect cost of the work
done for or performed by the city, including but not limited to the city's administrative costs. To
recover its costs, the city will first draw on the security posted by the company and then recover the
balance of the costs incurred from the company directly by written demand. This remedy is in
addition to any other remedies available to the city.
(b) Company -initiated relocation. The company must give the city written notice prior to a company -
initiated relocation of facilities. A company -initiated relocation must be at the company's expense and
must be approved by the city, such approval not to be unreasonably withheld.
(c) City -required relocation. The company must promptly and at its own expense, with due regard for
seasonal working conditions, permanently relocate its facilities whenever the city requires such
relocation.
(d) Relocation where public ground vacated. The vacation of public ground does not deprive the
company of the right to operate and maintain its facilities in the city. If the vacation proceedings are
initiated by the company, the company must pay the relocation costs. If the vacation proceedings are
initiated by the city or other persons, the company must pay the relocation costs unless otherwise
agreed to by the city, company and other persons.
(Prior Code, § 270-030)
Sec. 74-22. - Company default.
(a) Notice. If the company is in default in the performance of the work authorized by the permit,
including but not limited to restoration requirements, for more than 30 days after receiving written
notice from the city of the default, the city may terminate the rights of the company under the permit.
The notice of default must be in writing and specify the provisions of the permit under which the
default is claimed and state the grounds of the claim. The notice must be served on the company by
certified mail to the address listed by the company on its permit application.
(b) City action on default. If the company is in default in the performance of the work authorized by
the permit, the city may, after the above notice to the company and failure of the company to cure
the default, take such action as may be reasonably necessary to abate the condition caused by the
default. The company must reimburse the city for the city's reasonable costs, including costs of
collection and attorney's fees incurred as a result of the company default. The security posted under
section 75-20(e) will be applied by the city for such reimbursement.
(Prior Code, § 270-040)
Sec. 74-23. - Indemnification.
(a) Scope. The company will indemnify, keep and hold the city, its elected officials, officers, employees,
and agents free and harmless from any and all claims and actions on account of injury or death of
persons or damage to property occasioned by the construction, installation, maintenance, repair,
removal, relocation or operation of the facilities affecting public ground, unless such injury or damage
is the result of the negligence of the city, its elected officials, employees, officers, or agents. The city
will notify the company of claims or actions and provide a reasonable opportunity for the company to
accept and undertake the defense.
(b) Claim defense. If a claim or action is brought against the city under circumstances where
indemnification applies, the company, at its sole expense, shall defend the city if written notice of the
claim or action is given to the company within a period wherein the company is not prejudiced in the
defense of such claim or action by lack of such notice. If the company undertakes the defense, the
company shall have complete control of such claim or action, but it may not settle without the
consent of the city, which shall not be unreasonably withheld. This section is not, as to third parties,
a waiver of any defense or immunity otherwise available to the city. In defending any action on behalf
of the city, the company is entitled to assert every defense or immunity that the city could assert in its
own behalf.
(Prior Code, § 270-050)
Sec. 74-24. - Other conditions of use.
(a) Use of public ground. Facilities must be located, constructed, installed, maintained or relocated so
as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of
public ground. The facilities are subject to additional conditions of the permit as established by the
administrator including but not limited to:
(1) The right of inspection by the city at reasonable times and places;
(2) The obligation to relocate the facilities pursuant to subsections 74-21(c) and (d); and
(3) Compliance with all applicable regulations imposed by the state public utilities commission and
other state and federal laws, including prompt compliance with the requirements of the Gopher
State One Call program, Minn. Stats. ch. 216D.
(b) Location. The facilities must be placed in a location agreed to by the city. The company shall give
the city 45 days' advanced written notice of the company's proposed location of facilities within the
public ground. No later than 45 days after the city's receipt of the company's written notice, the city
will notify the company in writing of the city's acceptance or rejection of the proposed location. If the
city rejects the company's proposed location, the city may propose alternative locations. The city
does not waive or forfeit its right to reject the location of facilities by failure to respond within the 45
days.
(c) Emergency work. A company may open and disturb the surface of public ground without a permit
where an emergency exists requiring the immediate repair of its facilities. In such event the company
must request a permit not later than the second working day thereafter and comply with the
applicable conditions of the permit. In no event may the company undertake such an activity which
will result in the closing of a street or alley without prior notification to the city.
(d) Street improvements, paving or resurfacing. The city will give the company advance written
notice of plans for street improvements where permanent paving or resurfacing is involved. The
notice must contain:
(1) The nature and character of the improvements;
(2) The streets upon which the improvements are to be made;
(3) The extent of the improvements;
(4) The time when the city will start the work; and
(5) If more than one street is involved, the sequence in which the work is to proceed.
(e) Company to protect facilities. The company must take reasonable measures to prevent the
facilities from causing damage to persons or property. The company must take reasonable measures
to protect its facilities from damage that could be inflicted on the facilities by persons, property, or the
elements. The company must take specific protective measures when the city performs work near
the facilities.
(f) Prior service connections. In cases where the city is undertaking the paving or resurfacing of
streets, and the facilities are located under such street, the company may be required to install
service connections prior to the paving or resurfacing, if it is apparent that service will be required
during the five-year period following the paving or resurfacing.
(Prior Code, § 270-060)
Sec. 74-25. - Facilities existing prior to article provisions.
Companies with facilities, in, on, over, under or along public ground on the effective date of the
article from which this chapter is derived must take prompt action to comply with this chapter and the
permits authorized by this chapter. A company, however, is not required to reapply for a permit obtained
from the city prior to the effective date of the article from which this chapter is derived. A company is not
required to pay the difference between the permit fee of a previously obtained permit and the equivalent
newly obtained permit under this chapter. All other provisions of this article apply to existing facilities.
(Prior Code, § 270-070)
Sec. 74-26. - Acceptance of requirements.
By receiving a permit pursuant to this article, the company accepts and agrees to comply with all of
the requirements of this article.
(Prior Code, § 270-080)
Sec. 74-27. - Public ground other than right-of-way.
Nothing in this article is intended to grant to the company authority beyond that given by Minn. Stats.
§ 222.37 for use of the public rights-of-way for construction and operation of facilities. If the city allows the
company to use its non -right-of-way public ground, the terms of this article apply to the extent they are
consistent with the contract, statutory and common law rights the city owns in such property
(Prior Code, § 270-090)
Sec. 74-28. - Application for permit.
Any person desiring to so use public property shall apply for a permit or renewal of a permit a
minimum of two working days before starting work and must submit detailed plans for street or sidewalk
use and pedestrian safety on major projects. This provision or portions thereof may be waived by the city
administrator in the event of an emergency.
(Prior Code, § 270-100)
Sec. 74-29. - Guarding of obstructions, fences.
Any permittee obstructing any street, alley, sidewalk or other public property shall keep such
obstructions properly guarded at all times. From sunset to sunrise, all obstructions must be guarded by a
sufficient number of warning lights placed in such manner that they will give proper warning of said
obstruction. The city administrator may require any permittee obstructing a sidewalk to build adjacent to
such obstruction a tight -board fence at least six feet high, except at street intersections where a six-foot
open -board fence shall be built and maintained, and adjacent to each such fence shall be built and
maintained a temporary walk at least four feet in width for the use of the public with a railing along the
outside edge of the walk at least 36 inches high. The city administrator may waive the requirement for a
temporary walk when it is determined that a temporary walk is not necessary and that pedestrians can
more properly be protected by rerouting them to a walk across the street.
(Prior Code, § 270-110)
Sec. 74-30. - Derricks and hoists prohibited.
No person shall place or use derricks or hoists of any kind or any portion thereof, including outriggers
and pads, upon any sidewalk unless the permit specifically permits such action.
(Prior Code, § 270-120)
Sec. 74-31. - Lifting equipment and material.
Whenever any person applies for a permit for the use of a street or sidewalk or portion thereof for the
purpose of hoisting or lifting equipment or material over, across and above said street or sidewalk, he
shall provide for closing off those portions of the street and/or sidewalk encompassed within the lifting
area with suitable barricades, signs, and warning lights and shall provide a four -foot pedestrian walkway
around said lifting area, said walkway to be suitably enclosed on the street side with barricades and
warning lights.
(Prior Code, § 270-130)
Sec. 74-32. - Flaggers.
The city administrator may direct that flaggers, as described in Section 6F of the Manual on Uniform
Traffic Control Devices for Streets and Highways, State of Minnesota, be used to control traffic.
(Prior Code, § 270-140)
Sec. 74-33. - Notice of traffic closure.
The permittee shall notify the city administrator when the permit area is closed to pedestrian and
vehicular traffic and again when it is open to such traffic.
(Prior Code, § 270-150)
Sec. 74-34. - Permit revocation.
Any permit issued under this chapter may be revoked at any time by the city administrator when he
finds it in the best interest of the city.
(Prior Code, § 270-160)
Sec. 74-35. - Insurance.
The permittee shall obtain liability insurance for both personal injury and property damage in an
amount not less than $1,000,000.00. The city shall be named as an additional insured under that
insurance for the services provided under the permit. The permittee's insurance will be the primary
insurance for the city. Permittee shall provide a certificate of insurance on the city's approved form which
verifies the existence of the required liability insurance coverage as well as worker's compensation
coverage.
(Prior Code, § 270-170)
Sec. 74-36. - Parking, loading and unloading prohibited.
The parking of private vehicles within or adjacent to the permit area is prohibited. The loading or
unloading of trucks adjacent to the permit area is prohibited unless specifically authorized by the permit.
(Prior Code, § 270-180)
Sec. 74-37. - Double fee.
Should any person begin work of any kind without having first secured the necessary permit therefor,
he shall be required to pay double the fee provided for such permit.
(Prior Code, § 270-190)
Sec. 74-38. - Permit to be displayed.
Permits issued under this chapter by the city administrator shall be conspicuously displayed at all
times for ease of inspection on the indicated work site.
(Prior Code, § 270-220)
Sec. 74-39. - Regulations; permit schedules.
The administrator is authorized and directed to prepare suitable regulations and schedules for the
administration of permits issued under this article.
(Prior Code, § 270-221)
Sec. 74-40. - Civil penalty.
The provisions of chapter 42, article II shall apply to any permit issued under this article.
(Prior Code, § 270-222)
ARTICLE II. -TELECOMMUNICATION INSTALLATION REGULATIONS
Sec. 74-19. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Administrator means the city administrator (or equivalent position at the city) or designated
representative.
Company means a natural or corporate person, business association, political subdivision, public or
private agency of any kind, its successors and assigns, who or which seeks or is required to construct,
install, operate, repair, maintain, remove or relocate facilities in the city.
Facilities means communications lines or equipment of any kind, including, but not limited to, lines or
equipment for the transmission of audio, video, or data, or other similar communications services, not
otherwise governed by any state law granting exclusive jurisdiction to the state level, including al trunks,
lines, cables, wires, optical fibers or other fiber optic cables, laser equipment, circuits, physical
connections, switching equipment, wireless communication equipment of all kinds, towers, and any
necessary appurtenances owned, leased or operated by a company on, over, in, under, across or along
any public ground.
Public ground means highways, roads, streets, alleys, public ways, utility easements and public
grounds in the city.
Small wireless facility means a wireless facility that meets both of the following qualifications: (1)
each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an
antenna that has exposed elements, the antenna and all its exposed elements could fit within an
enclosure of no more than six cubic feet; and (2) all other wireless equipment associated with the small
wireless facility, excluding electric meters, concealment elements, telecommunications demarcation
boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches,
cable, conduit, vertical cable runs for the connection of power and other services, and any equipment
concealed from public view within or behind an existing structure or concealment, is in aggregate no more
than 28 cubic feet in volume
(Prior Code, § 270-010)
Sec. 74-20. - Permit procedure.
(a) Permit required. A company may not construct, install, repair, remove or relocate facilities, or any
part thereof, in, on, over, under or along public ground without first obtaining a permit from the city.
(b) Application. Application for a permit is made to the administrator.
(c) Issuance of permit. If the administrator determines that the applicant has satisfied the
requirements of applicable ordinances, the administrator may issue a permit to the company. An
applicant may contest a permit denial or the conditions of approval by written notice to the clerk
requesting the city council review within 14 days of the administrator's action. The council shall hear
any contest of the administrator's actions under this article within 45 days of the city clerk's receipt of
the contest notice. Nothing in this article precludes the city from requiring a franchise agreement with
the applicant, as allowed by law, in addition to the issuance of a permit set forth herein.
(d) Permit fee. The application must be accompanied by the permit fee set by the city council by
resolution.
(e) Security for completion of work. Prior to commencement of work, the company must deposit with
the city security in the form of a certified check, letter of credit or construction bond, in a sufficient
amount as determined by the administrator for the completion of the work. The securities will be held
until the work is completed plus a period of 12 months thereafter to guarantee that restoration work
has been satisfactorily completed. Upon application of the company, providing such information as
the administrator may require, if two or more work projects are to be constructed during a calendar
year, the administrator may accept, in lieu of separate security for each project, a single security for
multiple projects in such form and amount as determined, in the discretion of the administrator, to be
sufficient to assure completion of all projects which may be in progress at any one time during that
calendar year and to guaranty that restoration work will be satisfactorily completed. The security will
then be returned to the company with interest if required by law and at the applicable statutory rate.
(f) Inspection of work. When the work is completed the company must request an inspection by the
administrator. The administrator will determine if the work has been satisfactorily completed and
provide the company with a written report of the inspection and approval.
(g) Small Wireless Facility. For conditions on small wireless facility permits, refer to Chapter 82
Utilities, Article IV Right-of-way.
(Prior Code, § 270-020)
Sec. 74-21. - Restoration and relocation.
(a) Restoration. Upon completion of the work, the company must restore the general area of the work,
including paving and its foundations, to the same condition that existed prior to commencement of
the work and must exercise reasonable care to maintain the same condition for two years thereafter.
The work must be completed as promptly as weather permits. If the company does not promptly
perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the
public ground to the same condition, the city may put it in the same condition at the expense of the
company. The company must, upon demand, pay to the city the direct and indirect cost of the work
done for or performed by the city, including but not limited to the city's administrative costs. To
recover its costs, the city will first draw on the security posted by the company and then recover the
balance of the costs incurred from the company directly by written demand. This remedy is in
addition to any other remedies available to the city.
(b) Company -initiated relocation. The company must give the city written notice prior to a company -
initiated relocation of facilities. A company -initiated relocation must be at the company's expense and
must be approved by the city, such approval not to be unreasonably withheld.
(c) City -required relocation. The company must promptly and at its own expense, with due regard for
seasonal working conditions, permanently relocate its facilities whenever the city requires such
relocation.
(d) Relocation where public ground vacated. The vacation of public ground does not deprive the
company of the right to operate and maintain its facilities in the city. If the vacation proceedings are
initiated by the company, the company must pay the relocation costs. If the vacation proceedings are
initiated by the city or other persons, the company must pay the relocation costs unless otherwise
agreed to by the city, company and other persons.
(Prior Code, § 270-030)
Sec. 74-22. - Company default.
(a) Notice. If the company is in default in the performance of the work authorized by the permit,
including but not limited to restoration requirements, for more than 30 days after receiving written
notice from the city of the default, the city may terminate the rights of the company under the permit.
The notice of default must be in writing and specify the provisions of the permit under which the
default is claimed and state the grounds of the claim. The notice must be served on the company by
certified mail to the address listed by the company on its permit application.
(b) City action on default. If the company is in default in the performance of the work authorized by
the permit, the city may, after the above notice to the company and failure of the company to cure
the default, take such action as may be reasonably necessary to abate the condition caused by the
default. The company must reimburse the city for the city's reasonable costs, including costs of
collection and attorney's fees incurred as a result of the company default. The security posted under
section 75-20(e) will be applied by the city for such reimbursement.
(Prior Code, § 270-040)
Sec. 74-23. - Indemnification.
(a) Scope. The company will indemnify, keep and hold the city, its elected officials, officers, employees,
and agents free and harmless from any and all claims and actions on account of injury or death of
persons or damage to property occasioned by the construction, installation, maintenance, repair,
removal, relocation or operation of the facilities affecting public ground, unless such injury or damage
is the result of the negligence of the city, its elected officials, employees, officers, or agents. The city
will notify the company of claims or actions and provide a reasonable opportunity for the company to
accept and undertake the defense.
(b) Claim defense. If a claim or action is brought against the city under circumstances where
indemnification applies, the company, at its sole expense, shall defend the city if written notice of the
claim or action is given to the company within a period wherein the company is not prejudiced in the
defense of such claim or action by lack of such notice. If the company undertakes the defense, the
company shall have complete control of such claim or action, but it may not settle without the
consent of the city, which shall not be unreasonably withheld. This section is not, as to third parties,
a waiver of any defense or immunity otherwise available to the city. In defending any action on behalf
of the city, the company is entitled to assert every defense or immunity that the city could assert in its
own behalf.
(Prior Code, § 270-050)
Sec. 74-24. - Other conditions of use.
(a) Use of public ground. Facilities must be located, constructed, installed, maintained or relocated so
as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of
public ground. The facilities are subject to additional conditions of the permit as established by the
administrator including but not limited to:
(1) The right of inspection by the city at reasonable times and places;
(2) The obligation to relocate the facilities pursuant to subsections 74-21(c) and (d); and
(3) Compliance with all applicable regulations imposed by the state public utilities commission and
other state and federal laws, including prompt compliance with the requirements of the Gopher
State One Call program, Minn. Stats. ch. 216D.
(b) Location. The facilities must be placed in a location agreed to by the city. The company shall give
the city 45 days' advanced written notice of the company's proposed location of facilities within the
public ground. No later than 45 days after the city's receipt of the company's written notice, the city
will notify the company in writing of the city's acceptance or rejection of the proposed location. If the
city rejects the company's proposed location, the city may propose alternative locations. The city
does not waive or forfeit its right to reject the location of facilities by failure to respond within the 45
days.
(c) Emergency work. A company may open and disturb the surface of public ground without a permit
where an emergency exists requiring the immediate repair of its facilities. In such event the company
must request a permit not later than the second working day thereafter and comply with the
applicable conditions of the permit. In no event may the company undertake such an activity which
will result in the closing of a street or alley without prior notification to the city.
(d) Street improvements, paving or resurfacing. The city will give the company advance written
notice of plans for street improvements where permanent paving or resurfacing is involved. The
notice must contain:
(1) The nature and character of the improvements;
(2) The streets upon which the improvements are to be made;
(3) The extent of the improvements;
(4) The time when the city will start the work; and
(5) If more than one street is involved, the sequence in which the work is to proceed.
(e) Company to protect facilities. The company must take reasonable measures to prevent the
facilities from causing damage to persons or property. The company must take reasonable measures
to protect its facilities from damage that could be inflicted on the facilities by persons, property, or the
elements. The company must take specific protective measures when the city performs work near
the facilities.
(f) Prior service connections. In cases where the city is undertaking the paving or resurfacing of
streets, and the facilities are located under such street, the company may be required to install
service connections prior to the paving or resurfacing, if it is apparent that service will be required
during the five-year period following the paving or resurfacing.
(Prior Code, § 270-060)
Sec. 74-25. - Facilities existing prior to article provisions.
Companies with facilities, in, on, over, under or along public ground on the effective date of the
article from which this chapter is derived must take prompt action to comply with this chapter and the
permits authorized by this chapter. A company, however, is not required to reapply for a permit obtained
from the city prior to the effective date of the article from which this chapter is derived. A company is not
required to pay the difference between the permit fee of a previously obtained permit and the equivalent
newly obtained permit under this chapter. All other provisions of this article apply to existing facilities.
(Prior Code, § 270-070)
Sec. 74-26. - Acceptance of requirements.
By receiving a permit pursuant to this article, the company accepts and agrees to comply with all of
the requirements of this article.
(Prior Code, § 270-080)
Sec. 74-27. - Public ground other than right-of-way.
Nothing in this article is intended to grant to the company authority beyond that given by Minn. Stats.
§ 222.37 for use of the public rights-of-way for construction and operation of facilities. If the city allows the
company to use its non -right-of-way public ground, the terms of this article apply to the extent they are
consistent with the contract, statutory and common law rights the city owns in such property.
(Prior Code, § 270-090)
Sec. 74-28. - Application for permit.
Any person desiring to so use public property shall apply for a permit or renewal of a permit a
minimum of two working days before starting work and must submit detailed plans for street or sidewalk
use and pedestrian safety on major projects. This provision or portions thereof may be waived by the city
administrator in the event of an emergency.
(Prior Code, § 270-100)
Sec. 74-29. - Guarding of obstructions, fences
Any permittee obstructing any street, alley, sidewalk or other public property shall keep such
obstructions properly guarded at all times. From sunset to sunrise, all obstructions must be guarded by a
sufficient number of warning lights placed in such manner that they will give proper warning of said
obstruction. The city administrator may require any permittee obstructing a sidewalk to build adjacent to
such obstruction a tight -board fence at least six feet high, except at street intersections where a six-foot
open -board fence shall be built and maintained, and adjacent to each such fence shall be built and
maintained a temporary walk at least four feet in width for the use of the public with a railing along the
outside edge of the walk at least 36 inches high. The city administrator may waive the requirement for a
temporary walk when it is determined that a temporary walk is not necessary and that pedestrians can
more properly be protected by rerouting them to a walk across the street.
(Prior Code, § 270-110)
Sec. 74-30. - Derricks and hoists prohibited.
No person shall place or use derricks or hoists of any kind or any portion thereof, including outriggers
and pads, upon any sidewalk unless the permit specifically permits such action.
(Prior Code, § 270-120)
Sec. 74-31. - Lifting equipment and material.
Whenever any person applies for a permit for the use of a street or sidewalk or portion thereof for the
purpose of hoisting or lifting equipment or material over, across and above said street or sidewalk, he
shall provide for closing off those portions of the street and/or sidewalk encompassed within the lifting
area with suitable barricades, signs, and warning lights and shall provide a four -foot pedestrian walkway
around said lifting area, said walkway to be suitably enclosed on the street side with barricades and
warning lights.
(Prior Code, § 270-130)
Sec. 74-32. - Flaggers.
The city administrator may direct that flaggers, as described in Section 6F of the Manual on Uniform
Traffic Control Devices for Streets and Highways, State of Minnesota, be used to control traffic.
(Prior Code, § 270-140)
Sec. 74-33. - Notice of traffic closure.
The permittee shall notify the city administrator when the permit area is closed to pedestrian and
vehicular traffic and again when it is open to such traffic.
(Prior Code, § 270-150)
Sec. 74-34. - Permit revocation.
Any permit issued under this chapter may be revoked at any time by the city administrator when he
finds it in the best interest of the city.
(Prior Code, § 270-160)
Sec. 74-35. - Insurance.
The permittee shall obtain liability insurance for both personal injury and property damage in an
amount not less than $1,000,000.00. The city shall be named as an additional insured under that
insurance for the services provided under the permit. The permittee's insurance will be the primary
insurance for the city. Permittee shall provide a certificate of insurance on the city's approved form which
verifies the existence of the required liability insurance coverage as well as worker's compensation
coverage.
(Prior Code, § 270-170)
Sec. 74-36. - Parking, loading and unloading prohibited.
The parking of private vehicles within or adjacent to the permit area is prohibited. The loading or
unloading of trucks adjacent to the permit area is prohibited unless specifically authorized by the permit.
(Prior Code, § 270-180)
Sec. 74-37. - Double fee.
Should any person begin work of any kind without having first secured the necessary permit therefor,
he shall be required to pay double the fee provided for such permit.
(Prior Code, § 270-190)
Sec. 74-38. - Permit to be displayed.
Permits issued under this chapter by the city administrator shall be conspicuously displayed at all
times for ease of inspection on the indicated work site.
(Prior Code, § 270-220)
Sec. 74-39. - Regulations; permit schedules.
The administrator is authorized and directed to prepare suitable regulations and schedules for the
administration of permits issued under this article.
(Prior Code, § 270-221)
Sec. 74-40. - Civil penalty.
The provisions of chapter 42, article II shall apply to any permit issued under this article.
(Prior Code, § 270-222)
RIGHT-OF-WAY AND TELECOMMUNICATIONS ORDINANCE 2019 -XXX
CITY OF HUGO
WASHINGTON COUNTY, MN
ORDINANCE RELATING TO AND REGULATING
PUBLIC RIGHT-OF-WAY AND TELECOMMUNICATIONS
TITLE:
An ordinance adding and amending Chapter 74 Telecommunications, Article II Telecommunications
Installation Requirements and Chapter 82 Utilities, Article IV Right-of-way.
TELECOMMUNICATION ORDINANCE:
Chapter 74, Article II, Sec. 74-19. — Definitions
Add the following:
Small Wireless Facility means a wireless facility that meets both of the following qualifications: (1) each
antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna
that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no
more than six cubic feet; and (2) all other wireless equipment associated with the small wireless facility,
excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup
power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical
cable runs for the connection of power and other services, and any equipment concealed from public view
within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in
volume.
Chapter 74, Article II, Sec. 74-20. — Permit Procedure
Add the following:
(g) Small Wireless Facility. For conditions on small wireless facility permits, refer to Chapter 82
Utilities, Article IV Right-of-way.
RIGHT-OF-WAY ORDINANCE:
Chapter 82, Article IV, Sec. 82-301. — Definitions
Add and amend the following:
Abandoned facility means 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, for a continuous period
of six months.
Collocate or Collocation means to install, mount, modify, operate, or replace a small wireless facility on,
under, within, or adjacent to an existing wireless support structure that is owned privately or by the City.
Ordinance 2019 -XXX
Right-of-way and Telecommunication Ordinance
Micro wireless facility means a small wireless facility that is no larger than 24 inches long, 15 inches wide,
and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
Small wireless facility means a wireless facility that meets both of the following qualifications: (1) each
antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna
that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no
more than six cubic feet; and (2) all other wireless equipment associated with the small wireless facility,
excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup
power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical
cable runs for the connection of power and other services, and any equipment concealed from public view
within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in
volume.
Utility Pole means a pole that is used in whole or in part to facilitate telecommunications or electric
service.
Wireless facility means equipment at a fixed location that enables the provision of wireless services
between user equipment and a wireless service network, including: (1) equipment associated with wireless
service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration; and(3) a small wireless facility.
"Wireless facility" does not include: (1) wireless support structures; (2) wireline backhaul facilities; or (3)
coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) that are not
otherwise immediately adjacent to or directly associated with a specific antenna.
Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of
Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities.
Wireless support structure means a new or existing structure in a public right-of-way designed to support
or capable of supporting small wireless facilities, as reasonably determined by a local government unit.
Wireline backhaul facility means a facility used to transport communications data by wire from a wireless
facility to a communications network.
Chapter 82, Article IV, Sec. 82-305. — Right-of-way Permit Requirement
Add the following:
(3) Small Wireless Facility permit. A small wireless facility permit is required by a registrant to erect
or install a wireless support structure, to collocate a small wireless facility or to otherwise install a small
wireless facility in the specified portion or the right-of-way, to the extent specified therein, provided that
such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. No
small wireless facility permit is required to solely conduct: 1) routine maintenance of a small wireless
facility; 2) replacement of a small wireless facility with a new facility that is substantially similar or
smaller in size, weight, height, and wind or structural loading than the small wireless facility being
replaced; or 3) installation, placement, maintenance, operation, or replacement of micro wireless facilities
that are suspended on cables provider is required to make written notice of such activities to the City if
the micro wireless facility work will obstruct a public right-of-way. A small wireless facility permit is
Ordinance 2019 -XXX
Right-of-way and Telecommunication Ordinance
required for the work specified in this paragraph regardless of whether the applicant also possesses an
excavation permit or an obstruction permit.
(4) Small Wireless Conditional Use permit. A conditional use permit is required to install a new wireless
support structure in a right-of-way where the underlying district or area is zoned for single-family residential use or
is in a historic district established by federal or state law or city ordinance. All proposed small wireless facility and
support structure shall be compatible with the character of the surrounding area and use design, materials, colors,
textures, screening, and landscaping to blend in with the natural setting and built environment.
Chapter 82, Article IV, Sec. 82-307. — Issuance of Permit; Conditions
Add the following:
(c) Small Wireless Facility Conditions. In addition to part b, the erection or installation of a wireless
support structure, the collocation of a small wireless facility, or other installation of a small wireless
facility in the right-of-way, shall be subject to the following conditions.
(1) When feasible, a small wireless facility shall be collocated on an existing wireless support
structure in the right-of-way. In addition, each new wireless support structure shall be
designed to allow the collocation of wireless facilities. A small wireless facility shall only
be collocated on the particular wireless support structure, under those attachment
specifications, and at the height indicated in the applicable permit application;
(2) All small wireless facilities and support structures shall be compatible with the character
of the surrounding area and use design, materials, colors, textures, screening, and
landscaping to blend in with the natural setting and built environment. Any deviations from
this requirement must be requested by the applicant as part of the small wireless facility
permit application, and if granted by the City, will be provided for in the Collocation
Agreement;
(3) New wireless support structures installed within the right-of-way shall not exceed 50 feet
in height without the City's written authorization. The City may impose a lower height
limit in the applicable permit to protect the public health, safety and welfare or to protect
the right-of-way and its current use. Any lower height limit imposed by the City shall
comply with maximum heights allowed in the applicable zoning districts, this shall include
but is not limited to utility poles and street lights in the area, An applicant may replace an
existing wireless support structure exceeding 50 feet in height with a structure of the same
height subject to such conditions or requirements as may be imposed in the applicable
permit.
(4) No wireless facility may extend more than 10 feet above its wireless support structure;
(5) Where an applicant proposes to install a new wireless support structure in the right-of-way,
the City may impose reasonable separation requirements between such structure and any
existing wireless support structure or other facilities in and around the right-of-way;
(6) Where an applicant proposes collocation on a decorative wireless support structure, sign
or other structure not intended to support small wireless facilities, the applicant shall
design the wireless support structure to be compatible with the character of the surrounding
area and use design, materials, colors, textures, screening, and landscaping to blend in with
the natural setting and built environment.
Ordinance 2019 -XXX
Right-of-way and Telecommunication Ordinance
(7) Where an applicant proposes to replace a wireless support structure, the City may impose
reasonable restocking, replacement, or relocation requirements on the replacement of such
structure.
(d) Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small
wireless support structure owned or controlled by the City, or any other City asset in the right-of-way,
after the applicant has executed a small wireless facility Collocation Agreement with the City. The
standard collocation agreement may require payment of the following.
(1) Up to $150 per year for rent to collocate on the city structure;
(2) $25 per year for maintenance associated with the collocation;
(3) A monthly fee for electricity used to operate a small wireless facility, if not purchased
directly from a utility, at a rate of.
(i) $73 per radio node less than or equal to 100 maximum watts;
(ii) $182 per radio node over 100 maximum watts; or
(iii) The actual costs of electricity, if the actual costs exceed the foregoing.
The Collocation Agreement shall be in addition to, and not in lieu of, the required small wireless facility
permit, provided, however, that the applicant shall not be additionally required to obtain a license or
franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or
affect any then -existing agreement between the City and applicant.
(e) Deadline for action on small wireless facilities. The City shall approve or deny a small wireless
facility permit application within 90 days after filing of such application.
(f) Consolidated applications for small wireless facilities. An applicant may file a consolidated small
wireless facility permit application addressing the proposed collocation of up to 15 small wireless
facilities, or a greater number if agreed to by the City, provided that all small wireless facilities in the
application.
(1) are located within a two-mile radius;
(2) consist of substantially similar equipment; and
(3) are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the City may approve some small wireless
facilities and deny others, but may not use denial of one or more permits as a basis to deny all small
wireless facilities in the application.
(g) Deadline on small wireless facilities. The 90 -day deadline for action on a small wireless facility
permit application may be extended or paused if -
(1)
£
(1) The City receives applications from one or more applicants seeking approval of permits for
more than 30 small wireless facilities within a seven-day period. In such case, the City may
Ordinance 2019 -XXX
Right-of-way and Telecommunication Ordinance
extend the deadline for all such applications by 30 days by informing the affected applicants
in writing of such extension;
(2) The 90 -day deadline may be paused it the applicant fails to submit all required documents or
information and the City provides written notice of incompleteness to the applicant within 30
days of receipt the application. Upon submission of additional documents or information, the
City shall have ten days to notify the applicant in writing of any still -missing information;
(3) The City and a small wireless facility applicant agree in writing to waive or extend the review
period.
Chapter 82, Article IV, Sec. 82-308. — Permit Fees
Add and amend the following:
(d) Small wireless facility permit fee. The small wireless permit fee shall be set forth in the annual fee
schedule for the City of Hugo, in an amount sufficient to recover:
(1) The City management costs;
(2) Site plan review costs, and;
(3) City engineering, make-ready, and construction costs associated with collocation of small
wireless facilities.
(f) 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 agreement.
Chapter 82, Article IV, Sec. 82-311. — Supplementary Applications
Amend the following:
(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. 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 (i) make application for a permit extension and pay any additional
fees required, and (ii) be granted in writing a new permit or permit extension.
Chapter 82, Article IV, Sec. 82-316. — Work Done Without a Permit
Amend the following:
(a) Emergency situations. Each registrant shall immediately notify the director of any event regarding
its facilities that it or the City considers to be an emergency. The registrant shall take actions as are
reasonably necessary to respond to the emergency and prevent damage or harm to life, safety, or
property. Excavator's notification to Gopher State One Call regarding an emergency situation does not
fulfill this requirement.
Chapter 82, Article IV, Sec. 82-320. — Location and Relocation of Facilities
Amend the following:
Ordinance 2019 -XXX
Right-of-way and Telecommunication Ordinance
(a) Placement, location and relocation of facilities must comply with the ordinance, with other
applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5 100, to the extent the rules
to not limit authority otherwise available to cities.
Chapter 82, Article IV, Sec. 82-325. — Abandoned and Unusable Facilities
Amend the following:
(b) Removal of abandoned facilities. Any facility that remains nonfunctional or inoperative for a
continuous period of six months, the system shall be deemed abandoned and shall constitute a public
nuisance. Any person who has abandoned facilities in the 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 the
director waives this requirement.
Passed and adopted by the City Council of the City of Hugo this 18th day of March, 2019.
Tom Weidt, Mayor
Attest:
Michele Lindau, City Clerk