HomeMy WebLinkAbout0800 ORDINANCE NO. soo
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 7, CHAPTER 15
OF THE LAKEVILLE CITY CODE, THE RIGHT OF WAY
MANAGEMENT ORDINANCE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 7-15-3 of the Lakeville City Code is amended by adding the
following:
AS-BUILT RECORD DRAWINGS: The plan set incorporating all changes made in the. _
field during construction to the approved
construction plan drawings.
CONSTRUCTION PLANS:. The plan set proposing the construction design for the
streets, Waterman, sanitary sewer, storm sewer, draintile
.sidewalks, trails, small utility conduit crossings and service
laterals associated with the subdivision.
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.
SUBDIVISION; The separation of an area, parcel, or tract of land under single
ownership` into two 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.
SECTION 2. Section 7-15-3 of the Lakeville City Code is amended by amending the
following definitions:
UTILITY SERVICE: A service provided by (l) a public utility as defined in Minnesota
Statutes; (2) a telecommunications right-of--way user,. pipeline,
community antenna television, fire and alarm communications,
water, sewer, service .lateral, electricity, light, heat, cooling energy,
or power services; (3) a corporation organized for the purposes. set
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.forth in Minnesota Statutes; (4) a .district heating. or cooling
system; (5) a .cable communication system as defined in Minnesota
Statutes; or privately-owned utility services, including draintile.
SECTION 3. Section?-15-10 of the Lakeville City Code is amended by adding
subparagraph A(6) to read as follows:
.Application for a permit may not be filed more than ten (l0) 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.
SECTION 4. Section 7-15-11(B) of the Lakeville City Code is amended by adding
subparagraphs 23 and 24 to read as follows:
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 subdivder's engineer and the mapping requirements specified in Section 7-
15-23 of this ordinance have been satisfied. Construction plans shall be submitted
to the small utility companies by the subdivider.
24. Trenchless excavation/drectional boring is prohibited more than forty-eight (48)
inches. 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.
SECTION 5. Section 7-15-16(A) of the Lakeville City Code is amended to read. as
follows:
A. Compliance with Other Laws. Obtaining aright-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 pennittee shall comply with all requirements
of local, state and federal laws, including, but not limited to road load restrictions,
Minn.. Stat. 216D (Gopher State One Call) and Minnesota Rules Chapter 7560. A
pennittee 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.
SECTION 6. Section 7-15-16 of the Lakeville City Code is amended by adding
subparagraph "D" to read as follows:
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.
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SECTION 7. Section 7-15-18 of the Lakeville City Code is amended to read as follows:
The. excavation, backfilling, patching and restoration, and all other workperformed 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, in so far as they are not inconsistent with Minn. Stat. §§237.162
and 237.163. installation of service laterals shall be performed in accordance with
Minnesota Rules Chapter 7560 and these ordinances. 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 ordinance.
SECTIQN 8. Section 7-15-20(A) of the Lakeville City Code is amended to read as
follows:
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 5tate> 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..
SECTION 9. Section 7-15-23(B.1) of the Lakeville City Code is amended to read as
follows:
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
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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 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.
SECTIQN 10. Section 7-15-23 of the Lakeville City Code is amended by adding
subparagraph "C" to read as follows:
C. Service Laterals:
All permits issued for the installation or repair of service laterals, other than minor
repairs as identified in Minnesota Rules ?56Q.0150 subpart 2, shall require the
perrnittee'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 Qne .Call law and Minnesota Rules governing service laterals installed after
December 31, 2005, shall be a condition of any. City. approval- necessary for l)
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.
SECTION 11. Section 7-15-24B of the Lakeville City Code is amended to read as
follows:
B. Corridors. The City may assign specific corridors within the right-of-way, or any
particular segment thereof as maybe 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, both residential and commercial, the subdivider's
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.
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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 such factors as the remaining
economic life of the facilities, public safety, customer service needs and hardship
to the registrant.
SECTION 12: Section 7-15-30 of the Lakeville City Code is amended to read as
follows:...
Appeals: Aright-of--way user that: (1) has been denied registration; (2) has been denied a
permit (3) has had permit revoked; (4) believes that the fees imposed are invalid; or (5)
disputes a determination of the City regarding Section 7-15-23 of this ordinance; 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 writfen findings
establishing the reasonableness of the decision.
SECTION 13. Effective Date. This ordinance shall take effect immediately following
its passage.
PASSED by the Lakeville City Council this 20th day of March , 2006.
Robert D. Jo son, Mayor
ttest:
Charlene Friedges, City - erk
(Published in an , 2006.}
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PUBLIC NOTICE
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 800,
AN ORDINANCE AMENDING TITLE
7 OF THE LAKEVILLE CITY CODE
RELATED TO RIGHT-OF-WAY
MANAGEMENT
This Ordinance amends Title 7 of
the Lakeville City Code. The ordinance
amends the City's right-of-way manage-
ment ordinance in the following areas:
definitions are added and amended,
directional boring is regulated, issuance
of permits are restricted, statutes and
rules are incorporated by reference, per-
mit
ermit submittal requirements are amend-
ed, emergency situations are addressed,
service lateral locate requirements are
added, corridor designation require-
ments are added, and an appeal process
is added.
A printed copy of the ordinance is
available for inspection by any person
during regular office hours at the office
of the City Clerk.
APPROVED FOR PUBLICATION this 6th
day of April, 2006, by the City Council of
the City of Lakeville, Minnesota.
CITY OF LAKEVILLE
BY: Robert D. Johnson, Mayor
ATTEST:
Charlene Friedges, City Clerk
T358
4/8/06
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
County of Dakota
SS
TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and
employee of the publisher of the newspaper known as Thisweek Newspapers, and has full
knowledge of the facts which are stated below:
(A)The newspaper has complied with all of the requirements constituting qualification
as a legal newspaper, as provided by Minnesota Statutes 33IA.02, 331A.07 and other applic-
able laws, as amended.
(B)The printed
which is attached was cut from the columns of said newspaper, and was printed and pub-
lished once eaGh-wee4e Per-- straoMsive-reeks; it was
first published on Saturday, theyT l'lday of
CAB 1 ' , and was thereafter printed and published on every Saturday to and including
Saturday, the day of ; and print-
ed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of
the notice: abcdefghijklmnopqrstuvwxyz
BY:
TITLE: Managing Editor
Subscribed and sworn to before me on this
day of
tuus
Notary Public
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2010
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