HomeMy WebLinkAbout0990ORDINANCE NO. 990
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 7, CHAPTER 15
OF THE LAKEVILLE CITY CODE
CONCERNING RIGHT-OF-WAY MANAGEMENT
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
SECTION 1. Title7, Chapter 15 of the Lakeville City Code is amended to read as
follows:
7-15-1: APPLICATION AND SCOPE:
To provide for the health, safety and welfare of its citizens and to ensure the integrity of its roads
and streets and the appropriate use of the rights of way, the city strives to keep the rights of way
under its jurisdiction in a state of good repair and free from unnecessary encumbrances.
Accordingly, the city hereby enacts this chapter relating to right of way permits and
administration. This chapter imposes regulation on the placement and maintenance of facilities
and equipment currently within its rights of way or to be placed therein at some future time. It is
intended to complement the regulatory roles of state and federal agencies. Under this chapter,
persons excavating and obstructing the rights of way will bear financial responsibility for their
work. Finally, this chapter provides for recovery of out of pocket and projected costs from
persons using the public rights of way.
7-15-2: ELECTION TO MANAGE THE PUBLIC RIGHT OF WAY:
Pursuant to the authority granted to the city under state and federal statutory, administrative and
common law, the city hereby elects pursuant to Minnesota statutes 237.163 subdivision 2(b), to
manage rights of way within its jurisdiction. All right of way users, including the city, are subject
to the provisions in this chapter. The city is exempt from the obligation of paying for permits or
other fees imposed by this chapter. This chapter shall be interpreted consistently with the 1997
session laws, chapter 123 and 2417 session laws, chapter 94, substantially codified in Minnesota
statutes sections 237.16, 237.162, 237.163, 237.79, 237.81 and 238.486 (the "act"), Minnesota
statutes chapter 216D and other laws governing applicable rights of the city and users of the right
of way. This chapter shall also be interpreted consistent with Minnesota rules 7819.0050 -
7819.9950 and Minnesota rules chapter 7560 where possible. To the extent any provisions of this
chapter cannot be interpreted consistently with Minnesota rules, that interpretation most
consistent with the act and other applicable statutory and case law is intended. This chapter shall
not be interpreted to limit the regulatory and police powers of the city to adopt and enforce
general ordinances necessary to protect the health, safety and welfare of the public.
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7-15-3: DEFINITIONS:
The following definitions apply in this chapter and shall have the meanings ascribed to them.
References hereafter to "sections" are unless otherwise specified references to sections in this
chapter. Defined terms remain defined terms whether or not capitalized.
ABANDONED FACILITY: A facility no longer in service or physically disconnected from any
other facility that is in use or still carries service. A facility is not abandoned unless declared so
by the owner of the facility.
APPLICANT: Any person requesting permission to excavate, place a utility service or obstruct a
right of way.
AS BUILT RECORD DRAWINGS: The plan set incorporating all changes made in the field
during construction to the approved construction plan drawings.
CITY: The city of Lakeville, Minnesota. For purposes of section 7-15-28 of this chapter, city
means its elected officials, officers, employees and agents.
COLLOCATE OR COLLOCATION: To install, mount, maintain, 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 or other governmental unit.
COMMISSION: The state public utilities commission.
CONGESTED RIGHT OF WAY: A crowded condition in the subsurface of the public right of
way that occurs when the maximum lateral spacing between existing underground facilities does
not allow for construction of new underground facilities without using hand digging to expose
the existing lateral facilities in conformance with Minnesota statutes section 216D.04,
subdivision 3, over a continuous length in excess of five hundred feet (500').
CONSTRUCTION PLANS: A plan set proposing the construction design for streets, water main,
sanitary sewer, storm sewer, drain tile, sidewalks, trails, small utility conduit crossings and
service laterals.
DEGRADATION: A decrease in the useful life of the right of way caused by excavation in or
disturbance of the right of way, resulting in the need to reconstruct such right of way earlier than
would be required if the excavation or disturbance did not occur.
DEGRADATION COST: Subject to Minnesota rules 7819.1100, 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, set forth in Minnesota rules parts 7819.9900 to
7819.9950.
DELAY PENALTY: The penalty imposed as a result of unreasonable delays in right of way
excavation, obstruction, patching, or restoration as established by permit. A delay penalty will
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not be imposed if the delay in project completion is due to circumstances constituting force
majeure or when work is prohibited as unseasonable or unreasonable under section 7-15-16 of
this chapter.
EMERGENCY: A condition that: a) immediately endangers the life or safety of persons; b) will
cause an immediate threat of significant loss or injury to property; or c) requires immediate
repair or replacement in order to restore service to customers.
EQUIPMENT: Any tangible asset used to install, repair or maintain facilities in any right of way.
EXCAVATE: To dig into or in any way remove or physically disturb or penetrate any part of a
right of way.
EXCAVATION PERMIT: The permit issued by the city, prior to any work commencing,
authorizing the permittee to excavate in a right of way as specifically described in the permit.
EXCAVATION PERMIT FEE: Money paid to the city by a permittee to cover the costs as
provided in section 7-15-12 of this chapter.
FACILITY OR FACILITIES: Any tangible asset, including equipment, in the right of way
which is required to provide utility service.
FIVE YEAR CIP: Identifies projects adopted by the city for construction within the next five (5)
years.
HIGH DENSITY CORRIDOR: A designated portion of the 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: An excavation having a length less than the width of the roadway where the work is
occurring.
LOCAL REPRESENTATIVE: A local person or persons, or designee of such person or persons
authorized by a registrant to accept legal notice or service and to accept communications and to
make decisions for that registrant regarding all matters within the scope of this chapter.
MANAGEMENT COSTS: The actual costs incurred by the city for managing its public rights of
way, including, but not limited to, costs associated with registering applicants; issuing,
processing and verifying right of way or small wireless facility_permit applications; inspecting
job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities
during right of way work; determining the adequacy of right of way restoration; restoring work
inadequately performed, including turf, sidewalks, trails and pavement, after providing notice
and the opportunity to correct the work; revoking right of way or small wireless facility permits;
and creating and updating mapping systems. Management costs do not include payment by a
telecommunications right of way user for the use of the right of way,—; unreasonable fees of a
third -party contractor used by the city as part of managing public right of way, including but not
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limited to any third -party contractor fee tied to or based upon customer counts, access lines,
revenue generated by the telecommunications right of way user, or revenue generated for the
city; or the fees and cost of litigation relating to the interpretation of Minnesota session laws
2017, chapter 94, -Minnesota session laws 1997, chapter 123; Minnesota statutes section 237.162
or 237.163 or any ordinance enacted under those sections, or the city fees and costs related to
appeals taken pursuant to section 7-15-30 of this chapter.
MAPPING INFORMATION: The information required in section 7-15-23 of this chapter.
MICRO WIRELESS FACILITY: 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: 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: The permit issued by the city, prior to any obstruction commencing,
authorizing the permittee to obstruct a right of way as specifically described in the permit, for the
duration specified therein.
OBSTRUCTION PERMIT FEE: Money paid to the city by a permittee to cover the costs as
provided in section 7-15-12 of this chapter.
PATCH OR PATCHING: A method of roadway surface replacement or restoration that consists
of. a) the compaction of the subbase and aggregate base; and b) the replacement, in-kind, of the
existing roadway surface for a minimum of two feet (2) beyond the edges of the excavation in
all directions.
PAVEMENT: Any type of improved surface that is within the right of way and that is paved or
otherwise constructed with bituminous, concrete, aggregate or gravel.
PERMIT: Has the meaning given "right of way permit" in Minnesota statutes section 237.162
and includes a small wireless facility permit.
PERMITTEE: Any person to whom an excavation permit or obstruction permit, or small
wireless facility permit has been issued by the city under this chapter.
PERSON: Any 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.
PUBLIC RIGHT OF WAY OR RIGHT OF WAY: The area on, below, or above any public
roadway, street, path/trail/sidewalk, highway, easement or similar property or waters within the
city owned by or under control of the city, or dedicated or otherwise conveyed to the city for
general public use, including, but not limited to, any riparian right, which, consistent with the
purposes for which it was created, obtained or dedicated, may be used for the purpose of
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installing, operating and maintaining utility service facilities. No reference herein to a "public
right of way" or "right of way" shall be deemed to be a representation or guarantee by the city
that its interest or other right to control or use such property is sufficient to permit its use for the
purpose of installing, operating and maintaining utility service or small wireless facilities.
PUBLIC RIGHT OF WAY USER: A a) telecommunications right of way user as defined by
Minnesota statutes section 237.162, subdivision 4; or b) person or entity owning or controlling a
facility in the right of way that is used or intended to be used for providing utility service, and
who has a right under law, franchise, or ordinance to use the right of way.
REGISTRANT: Any person who: a) has or seeks to have its facilities located in any right of
way, or b) in any way occupies or uses, or seeks to occupy or use, the right of way or place its
facilities in the right of way.
RESTORE OR RESTORATION: The process, including patching, by which an disturbed right
of way and surrounding area, including pavement and foundation, is returned to the same
condition and life expectancy that existed before it was disturbed.
RESTORATION COST: The amount of money paid to the city by a permittee to achieve
restoration requirements in accordance with plates 1 to 13, set forth in Minnesota rules parts
7819.9900 to 7819.9950.
RIGHT OF WAY PERMIT: Has the same meaning as "permit", defined herein and includes a
small wireless facility permit.
SERVICE OR UTILITY SERVICE: A service provided by: a) a public utility as defined in
Minnesota statute 216B.02, subds. 4 and 6; b) a telecommunications right of way user, including
transporting of voice or data information; c) a cable communication system as defined in
Minnesota statute 238; d) natural gas or electric energy or telecommunications services provided
by the city; e) services provided by a cooperative electric association organized under Minnesota
statute 308A; and f) water and sewer, including services laterals, drain tile, community antenna
television, fire and alarm communications, steam, cooling or heating services.
SERVICE LATERAL: An underground facility that is used to transmit, distribute, or furnish gas,
electricity, communications, or water from a common source to an end use customer. A service
lateral is also an underground facility that is used in the removal of wastewater from a customer's
premises.
SMALL WIRELESS FACILITY: (1) A wireless facility that meets both of the following
qualifications: (i) 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 (ii) all other wireless
equipment associated with the small wireless facility provided such equipment is, is in aggregate,
no more than 28 cubic feet in volume, not including electric meters, concealment elements,
telecommunications demarcation boxes, battery backup power systems, grounding equipment,
power transfer switches, cutoff switches, cable, conduit, vertical cable runs for connection of
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power and other services, and any equipment concealed from public view within or behind an
existing structure or concealment; or (2) a micro wireless facility.
SMALL WIRELESS FACILITY PERMIT: The permit issued by the city, prior to any work
commencing, authorizing the permittee to collocate a small wireless facility or install and
maintain a wireless support structure in a right of way as specifically described in the permit.
SMALL WIRELESS FACILITY PERMIT FEE: Money paid to the city by the permittee to
cover the costs as provided in section 7-15-12 of this chapter.
SUBDIVISION: The separation of an area, parcel, or tract of land under single ownership into
two (2) or more parcels, tracts, lots, or long term leasehold interests where the creation of the
leasehold interest necessitates the creation of public utilities and/or streets and roads, for
residential, commercial, industrial, or other use or any combination thereof.
SUPPLEMENTARY APPLICATION: An application made to excavate, obstruct or install
wireless support structures or small wireless facilities in more of the right of way than allowed
in, or to extend, a permit that had already been issued.
TELECOMMUNICATION RIGHT OF WAY USER: A person owning or controlling a facility
in the right of way, or seeking to own or control the same, which is used or is intended to be used
for providing wireless service, or transporting telecommunication or other video, voice or data
information. For purposes of this chapter, a cable communication system defined and regulated
under Minnesota statutes chapter 238, and telecommunications activities related to providing
natural gas or electric energy services, whether provided by -a public utility as defined in
Minnesota statutes section 216B.02.) a municipality, a municipal gas or power agency organized
under Minnesota statutes chapters 453 and 453A, or a cooperative electric association organized
under Minnesota statutes chapter 308A, are not telecommunications right of way users for
purposes of this chapter, except to the extent these entities are offering wireless services.
TRENCH: An excavation having a length equal to or greater than the width of the roadway
where the work is occurring.
UTILITY POLE: A pole that is used in whole or in part to facilitate telecommunications or
electric service.
WIRELESS FACILITY: 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 between
utility poles or wireless support structures, or that are not otherwise immediately adjacent to or
directly associated with a specific antenna.
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WIRELESS SERVICE: 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 service does not include services regulated under Title VI of
the Communications Act of 1934, as amended, including a cable service under United States
Code, title 47, section 522 clause (6).
WIRELESS SUPPORT STRUCTURE: 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 the city.
WIRELINE BACKHAUL FACILITY: A facility used to transport communications data by wire
from a wireless facility to a communications network.
7-15-4: ADMINISTRATION:
The city may designate a principal city official responsible for the administration of the rights of
way, right of way permits and the ordinances related thereto. The city may delegate any or all of
the duties hereunder.
7-15-5: FRANCHISE:
The city may, in addition to the requirements of this chapter, require any person which has or
seeks to have facilities located in any right of way to obtain a franchise to the full extent
permitted by law, now or hereinafter enacted, except that the city shall not require an individual
license, franchise, or other agreement, other than a standard small wireless facility collocation
agreement to collocate small wireless facilities on wireless support structures owned or
controlled by the city and located within the public right of way.
7-15-6: REGISTRATION AND RIGHT OF WAY OCCUPANCY:
A. Registration: Each person who occupies, uses, or seeks to occupy or use, the right of way or
place any equipment or facilities or small wireless facilities or wireless support structures in
or on the right of way, including persons with installation and maintenance responsibilities
by contract, lease, sublease or assignment, must register with the city. Registration will
consist of providing application information and paying a registration fee.
B. Registration Prior To Work: No person may collocate, construct, install, repair, remove,
relocate, or perform any other work on, or use any facilities or any part thereof in any right of
way without first being registered with the city.
Nothing herein relieves a person from complying with the provisions of the Minnesota
statutes chapter 2161), "gopher state one call" law.
7-15-7: REGISTRATION INFORMATION:
A. Information Required: The information provided to the city at the time of registration shall be
on the form approved by the city and shall include, but not be limited to:
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1. Each registrant's name, gopher state one call registration number, address and e-mail
address if applicable, and telephone and facsimile numbers.
2. The local representative's name, address and e-mail address, if applicable, and telephone
and facsimile numbers. The local representative or designee shall be available for
consultation at all times. Current information regarding how to contact the local
representative in an emergency shall be provided at the time of registration, including
emergency information for the registrant's subcontractors.
3. The name, address and telephone number of the person(s) or entities, other than the
applicant, to perform the project work or any portion thereof.
4. A certificate of insurance or self-insurance:
a. Shall verify 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;
c. Shall verify that the registrant is insured against claims for personal injury, including
death, as well as claims for property damage arising out of the: 1) use and occupancy
of the right of way by the registrant, its officers, agents, employees and permittees,
and 2) placement and use of facilities in the right of way by the registrant, its officers,
agents, employees and permittees, including, but not limited to, protection against
liability arising from contracts, independent contractors, products and completed
operations, damage of underground facilities and collapse of property;
d. Shall name 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;
e. Shall require that the city be notified thirty (30) days in advance of cancellation of the
policy, nonrenewal or material adverse modification of a coverage term;
f. Shall indicate comprehensive liability coverage, automobile liability coverage,
workers' compensation and umbrella coverage established by the city in amounts
sufficient to protect the city and the public and to carry out the purposes and policies
of this chapter. The minimum amounts of coverage must equal or exceed the
maximum liability limits set forth in Minnesota statutes 466.04.
5. The city may require a copy of the actual insurance policies.
6. If the person is a corporation, a copy of the certificate is required to be filed.
7. A copy of the person's order granting a certificate of authority from the Minnesota public
utilities commission or other applicable state or federal agency, where the person is
lawfully required to have such certificate from said commission or other state or federal
agency.
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 fifteen (15) days following
the date on which the registrant has knowledge of any change.
7-15-8: REPORTING OBLIGATIONS:
A. Operations: Each registrant shall, at the time of registration and by January 1 of each year,
file a construction and major maintenance plan for known underground utilities 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 utility
facility plans shall be kept up to date by the registrant. Facility plans which a utility identifies
in writing to the city as being "trade secret information" will be treated as general nonpublic
data in accordance with Minnesota statutes section 13.37 if the data is within the statutory
requirements for "trade secret information".
The plan shall include, but not be limited to, the following information:
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 (5) years following the next calendar year (in this
section, a 11
5 year CIP").
The term "project" in this section shall include projects identified in the five (5) year CIP
but does not include individual service line hookups and minor maintenance unless they
are part of an area wide program.
It is the registrant's responsibility to keep informed on available plans.
B. Additional Next Year Projects: Notwithstanding the foregoing, the city will not deny 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.
7-15-9: PERMIT REQUIREMENT:
A. Permit Required: Except as otherwise provided in this code, no person may excavate, place a
utility service, install or place facilities, or obstruct any right of way without first registering
and having obtained the appropriate right of way permit from the city to do so. The following
permits may be required:
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1. Excavation Permit: An excavation permit is required by a registrant to excavate that part
of the right of way as specifically described in such permit and to hinder free and open
passage over the specified portion of that right of way by placing facilities described
therein, 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 that right of way by placing facilities described
therein, for the duration specified therein. An obstruction permit is required for any
obstruction in connection with the installation, relocation, operation or maintenance of a
utility service.
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 of 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. A small wireless facility permit
shall not be required for (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, (3) installation, placement, maintenance, operation, or replacement of micro
wireless facilities that are suspended on cables strung between existing utility poles in
compliance with national safety codes. The telecommunication right of way user shall
provide advance notification to the city of these activities if the work will obstruct a
public right of way.
B. Permit Extensions: No person may excavate, place a utility service, install or place facilities
or obstruct the right of way beyond the date or dates specified in the permit unless such
person: 1) makes a supplementary application for another right of way permit before the
expiration of the initial permit, and 2) a new permit or permit extension is granted.
C. Delay Penalty: In accordance with Minnesota rule 7819.1000 subparagraph 3 and
notwithstanding subsection B of this section, the city shall establish and impose a delay
penalty for unreasonable delays in right of way excavation, obstruction, patching or
restoration. The delay penalty shall be established from time to time by city council
resolution and shall include any delays or damages charged by the city's construction
contractor and may include liquidated damages consistent with the contract.
D. Permit Display: Permits issued under this chapter shall be conspicuously displayed or
otherwise available at all times at the indicated work site and shall be available for inspection
by the city.
7-15-10: PERMIT APPLICATIONS:
A. Application for a permit is made to the city on the form provided by the city. Right of way
permit applications shall contain and will be considered complete only upon compliance with
the requirements of the following provisions:
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1. Registration with the city pursuant to this chapter;
2. Submission of a completed permit application form, including all required attachments.
3. Submission of a detailed description and drawing to a scale, as required by the city,
showing the location and area of the proposed project and the location of all known
existing and proposed facilities of the permittee in the project area. Drawings and
descriptions shall include, but not be limited to, the identification of the obstructions to be
placed, the size and depth of any excavation, the schedule for commencement and
completion of the proposed project, the identification of the existing right of way, the
location of existing sidewalks, trailways and other improvements and the location and
size of any trees impacted in the designated work area.
4. Payment of all money due the city for:
a. Permit fees, estimated restoration costs and other management costs;
b. Prior excavation or obstruction permits;
c. Any undisputed loss, damage, or expense suffered by the city because of applicant's
prior excavations or obstructions of the rights of way or any emergency actions taken
by the city;
d. Franchise fees or other charges, if applicable.
5. Payment of disputed amounts due the city by posting security or depositing in an escrow
account an amount equal to at least one hundred ten percent (110%) of the amount owing.
6. Application for a permit may not be filed more than ten (10) weeks prior to the
anticipated installation start date proposed by the right of way user or prior to
construction plan completion by the subdivider's engineer.
B. Deadline for Action: The City shall approve or deny a small wireless facility permit
application within ninety (90) days after receiving a complete application. The small wireless
facility permit, and any associated encroachment or building permit shall be deemed
approved if the city fails to approve or deny the application within the review periods
established in this section.
C. Consolidated Applications: An applicant may file a consolidated small wireless facility
permit application addressing the proposed collocation of up to fifteen (15) small wireless
facilities, or a greater number if agreed by the city, provided that all small wireless facilities
in an application:
1. are located within a two-mile radius;
2. consist of substantially similar equipment; and
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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.
D. Tolling of Deadline for Action: The ninety (90) day deadline for action may be tolled if
1. The city receives applications within a single seven-day period from one or more
applicants seeking approval of permits for more than thirty (30) small wireless facilities.
In such case, the city may extend the ninety (90) day deadline for all such applications by
an additional 30 days by informing the affected applicants in writing of such extension.
2. The applicant fails to submit all required documents or information and the city provides
written notice of incompleteness to the applicant within thirty (30) business days of
receipt of the application, clearly and specifically delineating all missing documents or
information. Information delineated in the notice is limited to documents or information
publicly required as of the date of application and reasonably related to the city's
determination whether the proposed equipment falls within the definition of a small
wireless facility and whether the proposed deployment satisfies all health, safety, and
welfare regulations applicable to the small wireless facility permit request. Upon
applicant's submittal of additional information in response to a notice of incompleteness,
the city has ten (10) days to notify the applicant in writing of any information requested
in the initial notice of incompleteness that is still missing. Second or subsequent notices
of incompleteness may not specify documents or information that were delineated in the
original notice of incompleteness. Requests for information not requested in the initial
notice of incompleteness do not toll the ninety (90) day deadline for action.
3. The city and applicant may agree in writing to toll the review period.
7-15-11: ISSUANCE OF PERMIT; CONDITIONS:
A. Permit Issuance: If the applicant has satisfied the requirements of this chapter, the city shall
issue a permit.
B. Conditions: The city may impose reasonable conditions upon the issuance of the permit and
the performance of the applicant thereunder to protect the public health, safety and welfare
or, when necessary, to protect the right of way and its current and future use.
1. Installation, placement, location and relocation of facilities shall comply with all federal,
state and local laws.
2. Installation of all underground utilities shall be in accordance with the underground
utilities regulations set forth in this section and all other applicable federal, state and local
laws.
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3. Precautions shall be taken as are necessary to avoid creating unsafe or unsanitary
conditions.
4. Project operations and work shall be conducted in a manner so as to ensure the least
obstruction to and interference with present and continued use of the right of way.
5. Precautions shall be taken to assure the safety of the general public, employees, invitees
and those who require access to abutting property, including appropriate signage.
6. The permittee shall notify abutting property owners with a forty eight (48) hour written
notice prior to commencement of any permitted project.
7. The permittee involved in underground projects shall register with Gopher State One Call
and comply with the requirements thereof.
8. The permittee shall comply with the "Minnesota Manual On Uniform Traffic Control
Devices" (MMUTCD) at all times during any project work and shall protect and identify
excavations and work operations with barricade flags in the daylight hours and by
warning lights at dusk and night.
9. The permittee shall comply with all conditions of the permit.
14. When any trail, sidewalk or driveway has been cut, city approved signage must be kept in
place and maintained until restoration is complete.
11. The permittee shall provide proper trench protection as required by OSHA to prevent any
cave in; injury to property or persons; or enlargement of the excavation.
12. Excavations, trenches and jacking pits off the roadway surface area or adjacent to the
roadway or curbing shall be sheathed and braced. When unattended, all excavations,
trenches and jacking pits shall be secured and protected to prevent surface drainage and
access by unauthorized persons.
13. The permittee shall protect the root growth of trees and shrubbery located within the right
of way and adjacent thereto.
14. The permittee shall coordinate project work and installation of facilities in collocations
involving other right of way users.
15. The permittee shall maintain access to all properties and cross streets during project
work, including emergency vehicle access.
16. The permittee shall physically locate property lines abutting the project work. The
permittee shall replace, with the services of a Minnesota licensed surveyor, any property
corners or monuments disturbed as a result of the project.
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17. The permittee shall complete restoration of the right of way in conformance with this
section.
18. No permittee, or any agent, subcontractor or employee thereof, shall use lugs (steel
tracks) on any roadway surfaces.
19. The permittee shall remove daily, or as required by the city, all dirt or debris from
sidewalks, trails, public and private roadway surfaces and curbs and gutters during
project work.
20. The permittee shall obtain all other necessary permits, licenses and approvals, pay all
required fees therefor and comply with all requirements of local, state and federal laws.
21. The permittee shall not do any work outside the project area as specified in the permit.
22. The permittee shall conduct a public informational meeting for all major projects as
deemed necessary by the city.
23. In new subdivisions in which public utilities have been constructed, permit applications
will not be accepted for review prior to construction plan completion by the subdivider's
engineer and the mapping requirements specified in section 7-15-23 of this chapter have
been satisfied. Construction plans shall be submitted to the small utility companies by the
subdivider.
24. Trenchless excavation/directional boring is prohibited more than forty eight inches (48")
below grade unless the city engineer finds as built record drawings indicate that there are
no existing utilities in the vicinity that could be impacted.
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. 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. No new wireless support structure installed within the right of way shall exceed 50 feet
above ground level in height without the city's written authorization, provided that 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, and further provided
that a wireless support structure that replaces an existing wireless support structure in the
public right of way that is greater than fifty (50) feet above ground level in height may be
placed at the height of the existing wireless support structure, subject to such conditions
or requirements as may be imposed in the applicable permit.
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3. No wireless facility constructed in the right of way after May 30, 2017 may extend more
than ten (10) feet above a wireless support structure existing on May 30, 2017.
4. Where an applicant proposes to install a new wireless support structure in the right of
way, the city may impose separation requirements between such structure and any
existing wireless support structure or other facilities in and around the right of way.
5. Where an applicant proposes collocation on a decorative wireless support structure, sign,
or other structure not intended to support small wireless facilities, the city may impose
reasonable requirements to accommodate the particular design, appearance, or intended
purpose of such structure.
6. 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.
7. No small wireless facility shall be collocated on any City owned traffic control device.
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 applicant has executed a standard small wireless facility collocation
agreement with the city. The standard collocation agreement may require payment of the
following:
1. Management costs;
2. Up to $150 per year for rent on the city structure;
3. $25 per year for maintenance associated with the collocation;
4. A monthly fee for electrical service as follows:
a. $73 per radio node less than or equal to 100 maximum watts;
b. $182 per radio node over 100 maximum watts;
c. The actual cost of electricity, if the actual cost exceed the foregoing.
The standard 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. County or State Right of Way: Any right of way user who is required to obtain any county or
state permit for excavation or obstruction in any Dakota County or Minnesota department of
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transportation right of way must provide notification of permitting to the city within one
week of obtaining the permit but no less than forty eight (48) hours before the excavation
would begin.
7-15-12: PERMIT FEES:
Permit fees shall be established by the city council. The city council shall periodically review
and approve the fee schedule for permits issued under this chapter.
A. Excavation Permit Fee: The city shall establish an excavation permit fee in an amount
sufficient to recover the following costs:
1. management costs;
2. degradation costs, if applicable.
B. Obstruction Permit Fee: The city shall establish an obstruction permit fee in an amount
sufficient to recover the city management costs.
C. Small Wireless Facility Permit Fee: The city shall impose a small wireless facility permit fee
for the placement of small wireless facilities and wireless support structures in the public
right of way in an amount sufficient to recover:
1. management costs; and
2. city engineering, make-ready, and construction costs associated with collocation of small
wireless facilities.
D. Cost of Initial Engineering Survey and Preparatory Construction Work Associated with
Collocation: Any initial engineering survey and preparatory construction work associated
with collocation must be paid by the cost causer in the form of a onetime, nonrecurring,
commercially reasonable, nondiscriminatory, and competitively neutral charge to recover
costs associated with a proposed attachment.
E. Payment of Permit Fees: No excavation permit, obstruction permit, or small wireless facility
permit shall be issued without payment of the respective excavation, obstruction, or small
wireless facility permit fees. The city may allow the applicant to pay such fees within thirty
(34) days of billing.
D. Nonrefundable: Permit fees that were paid for a permit that the city has revoked for a breach
as stated in section 7-15-22 of this chapter are not refundable.
E. 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.
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7-15-13: RIGHT OF WAY PATCHING AND RESTORATION:
A. Timing: The work to be done under the right of way permit, and the patching and restoration
of the right of way as required herein, must be completed within the dates specified in the
permit, increased by as many days as work could not be done because of circumstances
constituting force majeure or when work was prohibited as unseasonable or unreasonable
under section 7-15-16 of this chapter.
B. Temporary Surfacing, Patch and Restoration: Permittee shall patch its own work, restore the
right of way and assume all costs therefor unless otherwise agreed upon.
1. City Restoration: If the city restores any part of the right of way, permittee shall pay the
costs thereof within thirty (30) days of billing. If the city restores only the surface of the
right of way and during the twenty four (24) months following such restoration, the
pavement settles, the permittee shall pay to the city, within thirty (30) days of billing, all
costs related to restoring the right of way or associated with having to correct the
defective work, which may include removal and replacement of any or all work done by
the permittee. These costs shall include administrative, overhead mobilization, material,
labor and equipment.
2. Permittee Restoration: If the permittee restores the right of way, the city may require, and
the permittee shall provide at the time of application for the right of way permit, a city
specified type of security, in accordance with PUC rules, to cover the cost of repair and
restoration.
C. Standards: To the maximum extent possible, restoration must return the right of way to the
same condition that existed before excavation. Subject to this standard, plates 1 to 13, shown
in Minnesota rules parts 7819.9900 to 7819.9950, indicate the maximum limits of restoration
methods and area requirements the city can impose when a right of way user excavates in the
right of way. Subject to commission rules, the city shall have the authority to prescribe
additional restoration procedures and standards on a case by case basis based on the
following considerations:
1. The number, size, depth and duration of the excavation, disruption or damage to the right
of way;
2. The traffic volume carried by the right of way;
3. The character of the neighborhood surrounding the right of way;
4. The pre -project condition of the right of way;
5. The remaining life expectancy of the right of way due to the project;
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6. Whether the relative cost of the method of restoration to the permittee is in reasonable
balance with the prevention of an accelerated depreciation of the right of way that would
otherwise result from the excavation, disturbance or damage to the right of way; and
7. The likelihood that the particular method of restoration would be effective in slowing the
depreciation of the right of way that would otherwise take place.
D. Duty to Correct Defects: The permittee shall guarantee its work and restoration of the right of
way and maintain it for twenty-four (24) months following its completion. The obligation is
limited to twelve (12) months for plantings and turf establishment. During this twenty four
(24) month period, the permittee shall, upon notification from the city, correct all defects in
patching or restoration to the extent necessary, using the method required by the city. Said
work shall be completed within five (5) calendar days of the receipt of the notice from the
city, not including days during which work cannot be done because of circumstances
constituting force majeure or when work is prohibited as unseasonable or unreasonable under
section 7-15-16 of this chapter.
E. Failure to Restore: If the permittee fails to restore the right of way in the manner and to the
condition required by the city, or fails to satisfactorily and timely complete all repairs
required by the city, the city shall notify the permittee in writing of the specific alleged
failure or failures and shall allow the permittee at least five (5) calendar days from receipt of
the notice to cure the failure or failures, or to respond with a plan to cure. In the event the
permittee fails to cure or fails to respond to the notice, the city may, at its option, perform or
cause to be performed the necessary work and the permittee shall pay to the city, within
thirty (34) days of billing, the cost of restoring the right of way. If permittee fails to pay as
required, the city may exercise its rights and draw from the city specified security.
7-15-14: JOINT APPLICATIONS:
A. Joint Application: Registrants may jointly apply for permits to excavate, place a utility
service, collocate or obstruct the right of way at the same place and time.
B. Shared Fees: Registrants who apply for permits for the same excavation, obstruction, or
small wireless facility permit action, which the city does not perform, may share in the
payment of the excavation, obstruction, or small wireless facility permit fee. Registrants must
agree among themselves as to the portion each will pay and indicate the same on their
applications.
C. With City Construction Projects: Registrants who join in a scheduled excavation or
obstruction permit action coordinated with a city construction project by the city, whether or
not it is a joint application by two (2) or more registrants or a single application, are not
required to pay the excavation or obstruction portions of the permit fee, but a permit is still
required.
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7-15-15: 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, except as provided herein. Any permittee which determines that an area greater than
that specified in the permit must be excavated or obstructed must before working in that
greater area: 1) make application for a permit extension and pay any additional fees required
thereby, and 2) be granted a new permit or permit extension. The city may orally waive the
requirement for a permit extension or the payment of an additional fee. The city shall
maintain a written record of any waivers granted.
B. Limitation on Dates: A right of way permit is valid only for the dates specified in the permit.
No permittee may begin its work before the permit start date or, except as provided herein,
continue working after the end date. If a permittee does not finish the work by the permit end
date, it must apply for 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 done before the permit end date. The city
may orally waive the requirement for a permit extension for the payment of an additional fee.
The city shall maintain a written record of any waivers granted.
7-15-16: 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 appropriate jurisdiction 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, road load restrictions, Minnesota statutes 216D (Gopher State
One Call) and Minnesota rules chapter 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. Prohibited Work: Except in an emergency or with the approval of the city, no right of way
excavation, obstruction, or collocation may be done when seasonally prohibited or when
conditions are unreasonable for such work.
C. Interference with Right of Way: A permittee shall not obstruct a right of way, except as
expressly authorized by the permit, so as to hinder the natural free and clear passage of water
through the gutters, culverts, ditches, tiles or other waterways. 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. Traffic
control shall conform to the "Minnesota Manual On Uniform Traffic Control Devices"
(MMUTCD) and its field manual and any written directions of the city.
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D. Trenchless Excavation: As a condition of applicable permits, permittees employing
trenchless excavation methods, including, but not limited to, horizontal directional drilling,
shall follow all requirements set forth in Minnesota statutes chapter 216D and Minnesota
rules chapter 7560, and shall require potholing or open cutting over existing underground
utilities before excavating.
7-15-17: DENIAL OF PERMIT:
A. Reasons for Denial: _The city may deny a permit for failure to meet the requirements and
conditions of this chapter or if the city determines that the denial is necessary to protect the
health, safety, and welfare or when necessary to protect the right of way and its current and
future use. The city may deny a permit if the utility has failed to comply with previous permit
conditions. The city may withhold issuance of a permit until conditions of previous permits
are complied with.
B. Procedural Requirements: The denial of a permit must be made in writing and must
document the basis for the denial. The city must notify the applicant in writing within three
business days of the decision to deny a permit. If an application is denied, the applicant may
address the reasons for denial identified by the city and resubmit its application. If the
application is resubmitted within thirty (30) days of receipt of the notice of denial, no
additional application fee shall be imposed. The city must approve or deny the resubmitted
application within 30 days after submission
7-15-18: 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, 7819.5000 and 7819.5100
and shall conform to MnDOT standard specifications as amended by city standard specifications,
insofar as they are not inconsistent with Minnesota statutes sections 237.162 and 237.163.
Installation of service laterals shall be performed in accordance with Minnesota rules chapter
7560 and this code. Service lateral installation is further subject to those requirements and
conditions set forth by the city in the applicable permits and/or agreements referenced in sections
7-15-23 and 7-15-24 of this chapter.
7-15-19: INSPECTION:
A. Notice of Completion: When the work under any permit hereunder is completed, the
permittee shall notify the city and furnish a completion certificate in accordance with
Minnesota rule 7819.1300.
B. Site Inspection: The 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.
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C. Authority of City:
1. At the time of inspection the city may order the immediate cessation and correction of
any work, which poses a serious threat to the life, health, safety or well being of the
public.
2. The city may issue an order to the permittee for any work which does not conform to the
terms of the permit or other applicable standards, rules, laws, conditions or codes so long
as the nonconformance constitutes a "substantial breach" as set forth in Minnesota
statutes section 237.163, subdivision 4(c)(1-5). The order shall state that failure to correct
the violation will be cause for revocation of the permit. Within a reasonable time after
issuance of the order, the permittee shall present proof to the city that the violation has
been or will be corrected within a time period set forth by the city in the order. If such
proof has not been presented within the required time, the city may revoke the permit
pursuant to section 7-15-22 of this chapter.
3. The cost of any action required by the city shall be paid by the permittee.
7-15-20: WORK DONE WITHOUT A PERMIT:
A. Emergency Situations: Each registrant shall immediately notify the city of any event
regarding its facilities that it considers to be an emergency. The registrant may proceed to
take whatever actions are necessary to respond to the emergency or as directed by the city.
Excavator's notification to Gopher State One Call regarding an emergency situation does not
fulfill this requirement. Within two (2) business days after the occurrence of the emergency
the registrant shall apply for the necessary permits, pay the fees associated therewith and
fulfill the rest of the requirements necessary to bring itself into compliance with this chapter
for the actions it took in response to the emergency. The permittee requirements shall not
apply if the repair is caused by another permittee's work in the right of way. 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, any person who, without first having
obtained the necessary permit, excavates, obstructs, or collocates in_a right of way must
subsequently obtain a permit, deposit with the city the fees necessary to correct any damage
to the right of way and comply with all of the requirements of this chapter.
7-15-21: SUPPLEMENTARY NOTIFICATION:
If the excavation or obstruction of, or collocation in the right of way begins later or ends sooner
than the date given on the permit, the permittee shall notify the city of the accurate information
as soon as this information is known.
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7-15-22: 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, including a
threat to the safety of workers, right of way users or utility users. A substantial breach by the
permittee shall include, but shall not be limited to, the following:
1. The violation of any material provision of the right of way permit or this code;
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 maintain the required security and/or insurance;
5. The failure to complete the work within the time specified in the permit; unless a permit
extension is obtained or unless the failure to complete work is due to reasons beyond the
permittee's control;
6. The failure to correct, in a timely manner, work that does not conform to a condition
indicated on an order issued pursuant to section 7-15-19 of this chapter; or
7. The failure of the utility to pay any required costs, fees, or charges billed by the city.
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. 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 five (5) calendar days of receiving a written
notification of the breach from the city, the permittee shall provide the city with a plan
acceptable to the city that will cure the breach. The permittee's failure to so contact the city,
or the permittee's failure to submit an acceptable plan, or the permittee's failure to reasonably
implement the approved plan, shall be cause for immediate revocation of the permit.
D. Revocation. Revocation of a right of way permit or small wireless facility permit shall be
made in writing within three (3) business days of the decision to revoke the permit and shall
document the basis for the revocation.
E. Reimbursement of Management Costs: If a permit is revoked, the permittee shall reimburse
the city for the city's reasonable costs, including restoration costs and legal fees, incurred in
connection with the revocation.
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F. Revoked Permit: If the city revokes a permittee's permit for breach of this chapter, the
permittee will not be allowed to excavate, obstruct, or collocate within the city right of way
until the breach situation is corrected to the satisfaction of the city and the permit is reissued.
7-15-23: MAPPING DATA:
A. Information Required: Each registrant and permittee shall provide project data in accordance
with Minnesota rules 7819.4000 and 7819.4100 and as follows:
1. The location of applicant's mains, cables, conduits, switches and related equipment and
facilities, identified by:
a. Offsets from property lines, distances from the centerline of the right of way and curb
lines and/or other reference points as determined by the city.
b. Coordinates derived from the Dakota County coordinate system. The information
shall be supplied in an electronic file using a .dwg or .dxf format.
c. Any other system agreed upon by the right of way user and the city;
2. The type, quantity and size of the equipment;
3. A dimensional description of aboveground appurtenances;
4. A legend explaining symbols, characters, abbreviations, scale and other data shown on
the map; and
5. The location of any facilities that were abandoned in conformance with Minnesota
statutes.
B. Submittal Requirements:
1. All right of way users shall submit as built record drawings by April 1 of every year for
all new facilities located within the right of way during the preceding year. In new
subdivisions, permits for work within the right of way shall not be issued until the city is
in receipt of and has accepted x and y coordinates for each of the proposed newly
installed public facility main lines and service laterals located within the right of way and
any applicable utility easements. These coordinates shall be derived from the approved
construction plans submitted by the developer's engineer using the current Dakota County
coordinate system, and shall be used for locating public utility service lateral locations
until as built record drawings have been received. These coordinates shall be provided to
the city by the developer's engineer in a digital AutoCAD drawing (.dwg or .dxf) and text
file (.txt) format. The text file shall include a description for each point that will identify
the point using the city's assigned point code and the house address for the corresponding
service. As built record drawings shall incorporate any changes to the approved
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construction plans made in the field; all main line and service lateral coordinates shall be
revised to reflect these changes and include z coordinate data.
2. At the request of any right of way user, information required by the city, which qualifies
as "trade secret" data under the Minnesota data practices act, shall be protected
accordingly.
C. Service Laterals: All permits issued for the installation or repair of service laterals, other than
minor repairs as identified in Minnesota rules 7560.0150 subpart 2, shall require the
permittee's use of appropriate means of establishing the horizontal and vertical locations of
installed service laterals. Permittees or their subcontractors shall submit to the city as built
record drawings satisfactory to the city of the installed service lateral locations. Compliance
with this subsection C and with applicable Gopher State One Call law and Minnesota rules
governing service laterals installed after December 31, 2005, shall be a condition of any city
approval necessary for: 1) payments to contractors working on a public improvement
contract including those under Minnesota statutes chapter 429, and 2) city approval of
performance under development agreements, or other subdivision or site plan approval under
Minnesota statutes chapter 462. The city shall determine the appropriate method of collecting
such information. Failure to provide prompt and accurate information on 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.
7-15-24: LOCATION AND RELOCATION OF FACILITIES:
A. Placement, Location and Relocation: Placement, location and relocation of facilities must
comply with Minnesota statutes, with other applicable law and with Minnesota rules
7819.31001, 7819.5000 and 7819.5 100, to the extent the rules do 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, as a best management practice for each type of facility
or equipment 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. In new subdivisions, the subdividers engineer shall indicate all
utility crossings associated with the subdivision in the construction plan submittal to the city
and small utility companies. Conduits shall be required and installed in accordance with the
current city of Lakeville utility and street construction standard specifications. Installation of
dual mains by a single company shall be required for all new subdivisions.
Any registrant who has facilities in the right of way in a position at variance with the
corridors established by the city shall, no later than at the time of the next reconstruction or
excavation of the area where the facilities are located, move the facilities to the assigned
position within the right of way, to prevent interference with city use of the right of way,
unless this requirement is waived by the city for good cause shown, upon consideration of
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such factors as the remaining economic life of the facilities, public safety, customer service
needs and hardship to the registrant.
C. Limitation of Space: To protect health, safety and welfare or when necessary to protect the
right of way and its current use, the city shall have the power to use best management
practices to prohibit or limit the placement and location 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
primarily by considerations of the public interest, the public's need for the particular utility
service, the condition of the right of way, the time of year with respect to essential utilities,
the protection of existing facilities in the right of way, and future city plans for public
improvements and development projects which have been determined to be in the public
interest.
D. Relocation of Facilities: A right of way user shall promptly and at its own expense, with due
regard for seasonam
l working conditions, permanently remove and relocate its facilities in the
right of way when it is necessary to prevent interference, and not merely for convenience of
the city, in connection with: 1) a present or future city use of the right of way for a public
improvement, 2) the public health or safety, or 3) the safety and convenience of travel over
the right of way. The right of way user shall restore any rights of way in accordance with this
chapter.
A right of way user is not required to remove or relocate its facilities from a right of way that
has been vacated in favor of a nongovernmental entity unless and until the reasonable costs
to do so are first paid to the right of way user.
E. Undergrounding: Unless otherwise permitted by an existing franchise, or unless existing
aboveground equipment is repaired or replaced, or unless infeasible such as in the provision
of electric service at certain voltages, new construction, the installation of new equipment
and the required relocation of old equipment in the right of way must be located or relocated
and maintained underground in accordance with chapter b of this title. The permittee shall
comply with the following requirements when installing underground facilities:
1. Underground facilities shall, where reasonably possible, be installed outside the paved or
surfaced area. If unable to install outside the surfaced area; the installation shall be as
close to the edge of the roadway surface as possible to allow access thereto without
unnecessarily disturbing paved areas of the roadway;
2. Right of way alignment and grade shall be maintained;
3. Fiber facilities shall be buried in a proper conduit and at a depth of no less than three feet
(3') deep and no more than four feet (4) deep; copper facilities below concrete or
bituminous paved roadway surfaces shall be buried no less than three feet (3') deep and
no more than four feet (4') deep, and all other copper facilities, except city owned
facilities, shall be buried no less than thirty inches (30") deep and no more than four feet
(4) deep;
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4. All underground facilities which cross streets or hard surfaced driveways shall be bored
and installed in conduit when requested by the city. Gas does not need to be installed in
conduit;
5. When required, the permittee shall excavate an observation hole over a city utility to
ensure that a city utility is not damaged;
6. If the project work involves an open cut, the permittee shall install visual tracers twelve
inches (12") over buried facilities. If other construction methods are used, substitute
location methods may be used upon approval by the city;
7. During plowing or trenching of facilities, a warning tape shall be placed at a depth of
twelve inches (12 ") above copper cables with over two hundred (200) pairs and fiber
facilities and a locating wire or conductive shield shall be installed above buried
telecommunication facilities, except for dielectric cables;
8. Restoration of areas disturbed by facilities will include returning the right of way to the
same condition that existed before excavation as per Minnesota rules 7819.1100. Subject
to this standard, plates 1 to 13, shown in parts 7819.9900 to 7819.9950, indicate
maximum limits of restoration methods and area requirements the city can impose when
a right of way user excavates in the right of way. The city and right of way user may
agree to a lesser requirement. The right of way user is responsible for all of its work done
in the right of way, whether by employees, agents or independent contractors. All levels
of restoration include compaction of the materials placed in the excavation of the
subgrade and aggregate base, plus pavement replacement, in-kind. If required by the city,
all work must be performed according to the city's specifications and drawings;
9. All facilities shall be located so as to not interfere with existing and potential future
traffic signals and signs;
10. Unless approved by the city, all aboveground appurtenances shall be located no closer
than ten feet (10') to city hydrants, waterline valves, manholes, lift stations and catch
basins; not in front of or within usual sightlines of any city sign, monument or amenity
for facilities or parks; and no closer than two feet (2') from sidewalks and trails;
11. Underground facilities shall not be installed between a hydrant and an auxiliary valve;
12. Where utility easements exist beyond the roadway surface area of the right of way and
space is available therein, underground facilities shall not be installed within five feet (5')
of hydrants, waterline valves, lift stations, manholes or catch basins. In those areas in
which no utility easement exists, placement of an underground facility shall be between
the edge of pavement and no closer than three feet (3') to an existing city utility
appurtenance, unless approved by the city;
13. The location and installation of telecommunications facilities shall comply with the
national electrical safety code, as incorporated by reference in Minnesota statutes.
195457v1
7-15-25: PREEXCAVATION FACILITIES LOCATION:
In addition to complying with the requirements of Minnesota statutes 216D.01-.09 ("Gopher
State One Call") 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 horizontal placement of all said
facilities.
7-15-26: DAMAGE TO OTHER FACILITIES:
The provisions of Minnesota statutes 216D shall apply to all situations involving damages to
facilities during excavation operations. Each registrant shall be responsible for the cost of
repairing any facilities in the right of way which it or its facilities damages. This provision
includes costs for damages to boulevard amenities, such as irrigation systems and invisible
fences, placed by property owners. It is the registrant's responsibility to provide immediate notice
of such damages to the affected property owners. 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.
7-15-27: RIGHT OF WAY VACATION:
A. 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 rule
7819.3200 and other applicable laws.
7-15-28: INDEMNIFICATION AND LIABILITY:
A. Limitation of Liability: By registering with the city, or by accepting a permit under this
chapter, a registrant or permittee agrees to defend and indemnify the city for any liability for:
1) injuries to persons, damage to property or loss of service claims by parties other than the
registrant or the city, or 2) claims or penalties of any sort resulting from the installation,
presence, maintenance or operation of equipment or facilities by registrants or permittees or
activities of registrants or permittees.
B. Indemnification: By registering with the city, a registrant agrees, or by accepting a permit
under this chapter, a permittee is required to indemnify, keep and hold the city free and
harmless from any and all costs, specifically including attorney fees and other costs and
expenses of defense, liabilities and claims for damages of any kind arising out of the
construction, presence, installation, maintenance, repair or operation of its equipment and
facilities, or out of any activity undertaken in or near a right of way, whether or not any act or
omission complaint of is authorized, allowed or prohibited by a right of way permit. The
foregoing does not indemnify the city for its own negligence except for claims arising out of
or alleging the city's negligence where such negligence arises out of or is primarily related to
the presence, installation, construction, operation, maintenance or repair of said equipment
by the registrant or on the registrant's behalf, including, but not limited to, the issuance of
permits and inspection of plans or work. This section is not, as to third parties, a waiver of
any defense or immunity otherwise available to the registrant, permittee or the city, and the
registrant or permittee, in defending any action on behalf of the city, shall be entitled to assert
1954571
in any action every defense or immunity that the city could assert in its own behalf. In
defending the city, any registrant or permittee shall obtain the consent of the city council
before any settlement shall be enforced.
7-1.5-29: ABANDONED OR 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 chapter have been lawfully assumed
by another registrant.
B. Removal: Any registrant who has abandoned or unusable facilities in any right of way shall
remove it from that right of way if required in conjunction with other right of way repair,
excavation or construction unless the city waives this requirement.
7-15-34: APPEALS:
A right of way user that: a) has been denied registration; b) has been denied a permit; c) has had
a permit revoked; d) believes that the fees imposed are invalid; or e) disputes a determination of
the city regarding section 7-15-23 of this chapter, 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 at its next regularly scheduled meeting. A decision by the city
council affirming the denial, revocation, or fee imposition will be in writing and supported by
written findings establishing the reasonableness of the decision.
7-15-31: FUTURE USES:
In placing any equipment, or allowing it to be placed in the right of way the city is not liable for
any damages caused thereby to any registrant's equipment that is already in place. No registrant
is entitled to rely on the provisions of this chapter and no special duty is created as to any
registrant.
7-15-32: RESERVATION OF REGULATORY AND POLICE POWERS:
A permittee's or registrant's rights are subject to the regulatory and police powers of the city to
adopt and enforce general ordinances necessary to protect the health, safety and welfare of the
public.
7-15-33: SEVERABILITY:
If any portion of this chapter is for any reason held invalid by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions thereof.
195457vl
7-15-34: PENALTY FOR VIOLATION:
A person shall be subject to a fee or delay penalty for violation of this chapter when a person is
obstructing the right of way beyond the date specified in the permit, is performing nonemergency
work in the right of way without having been issued a permit or when a person causes the city to
incur costs as a result of actions or inaction of the person.
SECTION 2. This Ordinance shall take effect following its passage and publication.
ADOPTED this 4th day of December 2017 by the City Council of the City of Lakeville,
Minnesota
CITY OF LAKEVILLE
BY:
Doug as P. Anderson, Mayor
ATTEST:
Charlene Friedges, City Cl
1954570
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
SUMMARY ORDINANCE NO. 990
AN ORDINANCE AMENDING TITLE 7, CHAPTER 15
OF THE LAKEVILLE CITY CODE
CONCERNING RIGHT-OF-WAY MANAGEMENT
NOTICE IS HEREBY GIVEN that on December 41, 2017, Ordinance No. 990 was
adopted by the City Council of the City of Lakeville.
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No.
990, the following summary of the ordinance has been prepared for publication:
Ordinance No. 990 amends City Code Title 7, Chapter 15 concerning right-of-way
management with respect to small wireless facilities and wireless support structures pursuant to
Minnesota Statutes §§ 237.162-237.163.
A printed copy of the whole ordinance is available for inspection by any person at the
City Clerk's office during regular office hours or on the City's website.
APPROVED for publication by the City Council of the City of Lakeville, Minnesota this
4th day of December 2017
CITY OF LAKEVILLE
By:
Douglas'. Anderson, Mayor
ATTEST:
Charlene Friedges, City
195416v1
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA } ss
COUNTY OF DAKOTA
Darlene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
STW Lakeville
with the known office of issue being located
in the county of:
DAKOTA
with additional circulation in the counties of:
SCOTT
and has full ,tint ,=.,ledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331 A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 12/08/2017 and the last
insertion being on 12/08/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating -o she publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: o
Designated Agent
Subscribed and sworn to or affirmed before
me on 12/08/2017 by Darlene MacPherson.
Notary Public
MARLENE M. MITCHELL
{ # Notary Public -Minnesota
' ; ..._........ + � My Cornmrssion Expires Jan 31, 2020 Cy
.. rnor��Mn+w�nnnnv�ti�vVti�.�MNwv�nnr
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
V%40 per column inch
Ad ID 763273
CITY OF LAKEVILLE
DAKOTA COUNTY,
MINNESOTA
SUMMARY ORDINANCE
NO. 990
AN ORDINANCE AMENDING
TITLE 7, CHAPTER 15 OF
THE LAKEVILLE CITY
CODE CONCERNING
RIGHT-OF-WAY
MANAGEMENT
NOTICE IS HEREBY GIVEN that
on December 4, 2017, Ordinance
No. 990 was adopted by the City
Council of the City of Lakeville.
NOTICE IS FURTHER GIVEN
that, because of the lengthy nature
of Ordinance No. 990, the follow-
ing summary of the ordinance has
been prepared for publication:
Ordinance No. 990 amends City
Code Title 7, Chapter 15 concern-
ing right-of-way management with
respect to small wireless facilities
and wireless support structures
pursuant to Minnesota Statutes §§
237.162-237.163.
A printed copy of the whole ordi-
nance is available for inspection by
any person at the City Clerk's office
during regular office hours or on the
City's website.
APPROVED for publication by the
City Council of the City of Lakeville,
Minnesota this 4th day of Decem-
ber 2017
CITY OF LAKEVILLE
By: Douglas P. Anderson, Mayor
'1TTEST: Charlene Friedges
City Clerk
Published in the
Lakeville Sun Thisweek
December 8, 2017
763273