HomeMy WebLinkAbout9A ROW Ordinance Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 27, 2017
AGENDA #: 9A
PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
PRESENTED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE REVISING CITY CODE
SECTION 700 RELATED TO RIGHT-OF-WAY REGULATION AND A
RESOLUTION APPROVING A SUMMARY OF THE ORDINANCE AND
AUTHORIZING ITS PUBLICATION
DISCUSSION: Introduction
The purpose of this agenda item is to consider adoption of an updated right-
of-way ordinance.
History
The City of Prior Lake has not updated its right-of-way or antenna
regulations in several years. With the proliferation of “small cell” antenna,
an update is highly recommended.
Traditionally there are two approaches to antenna regulation. First, right-of-
way ordinances that regulate work in the right-of-way and placement of
structures/poles in the right-of-way. Second, zoning ordinances that focus
on structures/poles not in the right-of-way and on installation of antennas on
existing buildings or structures.
This regulation is in addition to the leases entered into when equipment is
installed on City structures or property.
Current Circumstances
Prior Lake has a number of code sections which address right-of-way
and/or antennas in its right-of-way and zoning regulations. The primary
right-of-way regulation is currently in Section 701.700. Staff is proposing to
move right-of-way management to a new 707 and re-name Section 701.
The proposed new Section 707 (attached) includes a number of pieces:
• General applicability and definitions
• Right-of-way permit required for work in or obstruction of the right-
of-way
• Registration of telecommunications users
• Siting of new structures/poles in the right-of-way
Staff is also working to update the zoning regulations, however that will
take longer due to the need for a public hearing at the planning
commission.
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ISSUES: The City did receive communications from Verizon relating to small cell
regulation (attached). We provided a copy of the draft ordinance to
Verizon and informed them the City would be considering the matter on the
27th.
There is currently proposed legislation at both the State and Federal levels
to address city authority with regard to small cell installations. If any of the
proposed legislation passes the City will need to re-consider its regulations.
FINANCIAL
IMPACT:
The proposed ordinance seeks to ensure that the City is reimbursed for all
costs incurred in working with right-of-way users by imposing various fees
and costs on users.
ALTERNATIVES: 1. Motion and second to adopt the ordinance and resolution as proposed.
2. Take no action or direct staff to make further modifications.
RECOMMENDED
MOTION:
Alternative #1
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. _____________
AN ORDINANCE AMENDING CITY CODE PART 7 BY RENAMING SECTION 701 RELATING TO STREETS
AND SIDEWALKS, ADDING A NEW SECTION 707 RELATING TO RIGHT-OF-WAY MANAGEMENT, AND
ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS
PENALTY PROVISIONS.
The City Council of the City of Prior Lake, Minnesota ordains:
1. City Code Part 7, Section 701 is re-named “Streets and Sidewalks”.
2. City Code Part 7, Section 701 is amended by deleting Section 701.700 and renumbering Subsections
701.800 and 701.900 as Subsections 701.700 and 701.800 respectively.
3. City Code Part 7 is amended by inserting a new Section 707 to read as follows:
SECTION 707
RIGHT-OF-WAY MANAGEMENT
SUBSECTIONS:
707.100: ELECTION TO MANAGE THE RIGHTS-OF-WAY
707.200: ADMINISTRATION
707.300: DEFINITIONS
707.400: APPLICATION AND SCOPE
707.500: RIGHT-OF-WAY VACATION
707.600: ABANDONED FACILITIES
707.700: RIGHT-OF-WAY PERMITS
707.800 REGISTRATION OF TELECOMMUNICATION USERS
707.900: SITING OF NEW STRUCTURES
707.100 ELECTION TO MANAGE THE RIGHTS-OF-WAY: Pursuant to the authority
granted to the City under state and federal statutory, administrative, and common law,
including but not limited to Minn. Stat. § 237.163, subd. 2(b), the City hereby elects
to manage rights-of-way within its jurisdiction. This Section shall be interpreted
consistently with Minnesota Statutes Chapter 237, Minnesota Rules Chapter 7819, and
other laws governing applicable rights of the City and users of the right-of-way. This
Section 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.
707.200 ADMINISTRATION: The Director is the principal City official responsible for the
administration of the right-of-way, right-of-way permits, and other ordinances related
thereto. The Director may delegate any or all of the duties hereunder.
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707.300 DEFINITIONS: The following words, terms and phrases, as used herein, have the
following meanings unless the context clearly indicates otherwise:
Applicant: Any person applying for a right-of-way permit or registration under this
Section.
Director: The City’s Engineering/Inspections Director or his or her designee.
Emergency: A condition that poses a clear and immediate danger to life or health; may
result in a significant loss of property; or requires immediate repair or replacement in
order to restore service.
Excavate: To dig into or in any way remove, physically disturb, or penetrate any part
of a right-of-way.
Facility: A tangible asset for use in connection with the storage or conveyance of:
water; sewage; lighting; electronic, telephone or telegraphic communications; fiber
optics; cable television; electric energy; oil; natural gas; or hazardous liquids. Facility
includes, but is not limited to, pipes, sewers, conduits, cables, valves, lines, wires,
manholes, and attachments. Facility includes a telecommunications facility.
Obstruct: To place any tangible object upon a right-of-way so as to hinder free and
open passage over that or any part of the right-of-way.
Permit Holder: Any person to whom a right-of-way permit has been issued by the
City.
Registrant: Any person for whom a registration has been confirmed by the City.
Right-of-Way: The area on, below, or above a public roadway, highway, street,
cartway, bicycle lane, trail, and public sidewalk in which the City has an interest,
including but not limited to dedicated rights-of-way for travel purposes and utility
easements of the City.
Right-of-Way User: A person owning or controlling or desiring to own or control a
facility in the right-of-way. Right-of-way user includes a telecommunication user.
Section: This entire Section 707.
Structure: Any ground or building mounted pole, spire, tower, building or
combination thereof used to support or convey any facility within the right-of-way.
Telecommunications Facility: A tangible asset used to provide wireless
telecommunication services, including all antennas, support devices, and
telecommunications mechanical equipment including ground-mounted equipment,
associated cables, and attachments.
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Telecommunications User: A person owning or controlling or desiring to own or
control a telecommunications facility in the right-of-way.
707.400 APPLICATION AND SCOPE: Except as otherwise stated herein, the provisions of
this Section are applicable to all public and private right-of-way users, including but
not limited to those rights-of-way owned or operated by private entities, the United
States, the State of Minnesota, or any county, town, city, district, or other political
subdivision located wholly or partially within the corporate limits of the City. All
right-of-way users shall comply with all applicable provisions of this Section.
707.500: RIGHT-OF-WAY VACATION: If the City vacates a right-of-way that contains
facilities, the facility owner’s rights in the vacated right-of-way are governed by
Minnesota Rule 7819.3200.
707.600: ABANDONED FACILITIES: A right-of-way user shall notify the City when
facilities are to be abandoned. A right-of-way user who has abandoned facilities in a
right-of-way shall remove them from the right-of-way if required in conjunction with
other right-of-way repair, excavation, or construction, unless the Director waives this
requirement.
707.700: RIGHT-OF-WAY PERMITS:
707.701 Findings, Purpose and Intent: To provide for the health, safety, and welfare of its
citizens, and to ensure the integrity of its streets and the appropriate use of the rights -
of-way, the City strives to keep its rights-of-way in a state of good repair and free from
unnecessary encumbrances.
Accordingly, the City hereby enacts this Subsection of the Code relating to right -of-
way permits. This Subsection imposes reasonable regulations on the placement and
maintenance of facilities and equipment currently within the City’s 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 Subsection, persons excavating and
obstructing the rights-of-way will bear financial responsibility for their work. Finally,
this Subsection provides for recovery of out-of-pocket and projected costs from
persons using the rights-of-way.
707.702 Right-of-Way Permit Required:
(1) Permit Required. In addition to all other requirements in this Section, including
but not limited to the requirement for a telecommunications user to register
each facility pursuant to Subsection 707.800 and the requirements relating to
siting of new structures in Subsection 707.900, and except as otherwise
provided in the City Code, no person may install or construct a facility or
temporarily or permanently obstruct or excavate any right-of-way without first
having obtained a right-of-way permit from the City.
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(2) Exceptions. A right-of-way permit is not required for the following activities.
These exceptions do not relieve the person from fully complying with all
applicable provisions of this Code.
a) No right-of-way permit is required of the property owner for gardening
or sodding otherwise allowed in the boulevard area adjacent to the
paved portion of the public streets, or for gardening or sodding in
boulevard areas where a public easement exists for underground
purposes. Trees, shrubbery, gardening and sodding in the boulevard by
the property owner are permitted at sufferance only, and shall be
removed and the right-of-way restored to its condition prior to the
placement promptly by the owner at the owner’s expense upon a
finding by the Director that the existence of such encroachment upon
the boulevard interferes with maintenance of the boulevard, interferes
with maintenance or replacement of a utility or right-of-way
improvement, or constitutes a safety hazard.
b) No right-of-way permit is required of the property owner for driveway
replacement or repair that does not involve any of the following in the
boulevard area:
• Enlargement or reduction of the driveway area.
• Relocation of the driveway from its existing location.
• Change to the driveway grade.
• Repair to or change of the driveway curb, gutter, or apron.
c) No right-of-way permit is required of City employees acting within the
course and scope of their employment and contractors acting within the
course and scope of a contract with the City.
d) No right-of-way permit is required of persons who install mailboxes in
the right-of-way in accordance with requirements of the U.S. Postal
Service.
e) No right-of-way permit is required of persons who temporarily place
residential household refuse containers in the right-of-way for the
collection of solid waste or recyclables.
707.703 Application for Right-of-Way Permits:
(1) A written application for a right-of-way permit shall be submitted to the
Engineering and Inspections Department at least two weeks prior to the
anticipated project start date. The application shall be made on a form provided
by the City and shall include or be accompanied by all of the following:
a) plans and specifications prepared and signed by an engineer licensed to
practice in the State of Minnesota;
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b) a scaled drawing showing the location and area of the proposed project
and the location of all proposed facilities;
c) confirmation that other right-of-way users have been notified and
existing facilities located pursuant to local, state and federal laws, rules,
and regulations including but not limited to Minnesota Statutes Chapter
216D and Minnesota Rules Chapter 7560 (Gopher One Call Excavation
Notice System);
d) a traffic control plan;
e) a restoration plan;
f) a timeline for the proposed project;
g) if requested by the Director, a scaled drawing showing the location of
all known existing facilities;
h) a public notification plan and a copy of the property owner notice
required by Subsection 707.710 (1) d) below;
i) proof of insurance required by Subd. 4 C below;
j) a description of the method for backfilling and compacting, the
specifications as to the materials to be used, and the method for street
excavation which must protect abutting property and existing facilities;
and
k) required attachments.
(2) All applications shall be consistent with the provisions of this Section and good
engineering, safety, and maintenance practices shall be followed for the work
or activity conducted under the right-of-way permit.
(3) If the City has suffered any undisputed loss, damage, or expense because of
the applicant’s prior excavations, obstructions, or other work in the right-of-
way or any emergency actions relating thereto, the Director may require the
applicant to reimburse the City for such expense before considering a new
permit application for approval.
707.704 Permit Fees:
(1) The City shall establish a right-of-way permit fee in an amount sufficient to
recover City costs. The City shall impose the permit fee at the time an
application for a right-of-way permit is submitted. An application shall not be
reviewed or a permit issued unless the permit fee has been paid. Permit fees
paid for a permit that is denied or revoked are not refundable. Unless otherwise
agreed to in a franchise agreement, permit fees may be charged separately from
and in addition to the franchise fees imposed on a right-of-way user in the
franchise agreement.
(2) In accordance with Minnesota Rule 7819.1000, Subp. 3, the City shall establish
and impose a delay penalty for unreasonable delays in right-of-way excavation,
obstruction, or restoration. No delay fee shall be imposed if the delay is due to
circumstances beyond the control of the permit holder, including without
limitation inclement weather, acts of God, or civil strife.
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(3) The permit fee and delay penalty shall be established from time to time by the
City Council and set forth in the City Fee Schedule.
707.705 Issuance of Permit, Conditions, and Insurance:
(1) Issuance. Upon the Director’s determination that the applicant has satisfied the
requirements of this Section, the Director shall issue the right-of-way permit
subject to the terms and conditions of this Section.
(2) Conditions. The Director may impose reasonable conditions upon the issuance
of the right-of-way permit and the performance of the permit holder to protect
the public health, safety, and welfare or to protect the right-of-way and its
current use. In addition, a permit holder shall comply with all local, state and
federal laws, rules, and regulations including but not limited to Minnesota
Statutes Chapter 216D, Minnesota Rules Chapter 7560 (Gopher One Call
Excavation Notice System), and provision of mapping information in
accordance with Minnesota Rules 7819.4000 and 7819.4100.
(3) Insurance. Permit Holder shall obtain and maintain, throughout the term of the
right-of-way permit and all work performed under the permit, a commercial
general liability insurance policy which provides coverage for damage to the
personal property of others or injury to persons. The City shall be named as
an additional insured on said insurance policy. Said policy shall contain a
clause which provides language stating that the company that issues the policy
shall not change, non-renew, or materially change the policy without first
providing the City thirty (30) days prior written notice.
707.706 Permit Display: Right-of-way permits shall be conspicuously displayed or otherwise
available at all times at the indicated work site and shall be available for inspection by
the Director.
707.707 Permit Validity and Extensions: A right-of-way permit is valid only for the area of
the right-of-way specified in the permit and for the dates specified in the permit. No
permit holder may do any work outside of the area specified in the permit or begin its
work before the permit start date or continue working after the permit end date. Any
permit holder desiring to obstruct, excavate, or perform other work in an area greater
than that specified in the permit or desiring to perform work on dates not specified in
the permit shall apply for a new or extended right -of-way permit and pay any
additional fees required by the City. The permit holder shall obtain the new or extended
permit before performing any work not allowed by the original permit.
707.708 Financial Security: Before a right -of-way permit is issued, the applicant shall
deposit cash or submit an irrevocable letter of credit or a corporate bond in favor of
the City in an amount determined by the Director to be sufficient to: (a) cover
expenses of restoration and permit administration; (b) properly safeguard persons or
property exposed to the work or activity; (c) protect the City and its employees from
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any suit, action or cause of action arising by reason of such work or activity; and (d)
cover costs of enforcement. The Director may require additional security in the
amount necessary to assure the City that the street and base are restored to a
condition comparable to that in existence when the work commenced. The City shall
deduct from the financial security all costs actually incurred by the City. Any
portion of the financial security not retained by the City shall be returned to the
person who submitted the financial security within 60 days of the completion of the
work. If the costs exceed the financial security the City may, at any time, require
that additional funds be deposited. Regardless of whether additional funds are
deposited, if the costs exceed the financial security after the work is complete, the
City shall invoice the permit holder for the difference. The invoice shall be paid
within 30 days of receipt. The required financial security must be:
(1) Satisfactory to the City Attorney in form and substance.
(2) Conditioned on the permit holder’s faithful compliance with all the terms and
conditions of this Section and all rules, regulations and requirements pursuant
thereto, including payment of all charges and fees.
(3) Conditioned on the permit holder’s agreement to indemnify and hold the City,
its elected and appointed officials, employees and agents, and its officers
harmless against any and all claims, judgments, or other costs arising from the
right-of-way permit or for which the City, its elected and appointed officials,
employees, and agents may be made liable by reason of any accident or injury
to persons or property through the fault of the applicant or permit holder.
707.709 Denial of Permit: The City may deny a right-of-way permit for failure to meet the
requirements and conditions of this Section or if the City determines that the denial is
necessary to protect the health, safety, and welfare of the public or to protect the right-
of-way and its current use.
707.710 Standards for Construction or Installation:
(1) General Standards. Excavation, backfilling, patching, restoration, installation
or maintenance of fixtures and structures and all other work performed in the
right-of-way must be done in conformance with all applicable Minnesota
Statutes and Administrative Rules, including without limitation Rules
7819.5000 and 7819.5100, all requirements of the City Code, and all local
laws, rules and regulations. The permit holder shall comply with the following
additional standards when performing the work authorized under the right-of-
way permit:
a) Take such precautions as are necessary to avoid creating unsanitary
conditions.
b) Conduct the operations and perform the work in a manner that ensures
the least obstruction to and interference with traffic.
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c) Take adequate precautions to ensure the safety of the general public
and those who require access to abutting property.
d) Notify in writing property owners within 75 feet of the work to be
performed at least three days prior to any work being performed. The
written notice shall include contact information for the permit holder,
the nature of the work being done, possible planned service
interruptions, anticipated construction dates including duration of the
work, and a map or graphic showing the location of the work relative
to the properties.
e) Comply with the Minnesota Manual of Uniform Traffic Control
Devices at all times during construction or installation.
f) Exercise caution at all times for the protection of persons, including
employees, and property.
g) Protect and identify excavations and work operations with barricade
flags and, if required, by a flag person in the daytime and b y warning
lights at night.
h) Provide proper trench protection as required by the Occupational
Safety and Health Administration in order to prevent cave-ins
endangering life.
i) Protect the root growth of trees and shrubbery.
j) If possible, provide for space in the installation area for other right-of-
way users.
k) Maintain access to all properties and cross streets as possible during
construction and installation and maintain emergency vehicle access at
all times.
l) Maintain alignment and grade unless otherwise authorized by the City.
Changes not approved by the City will require removal and
reconstruction.
m) During plowing or trenching of facilities, a warning tape must be placed
at a depth of twelve (12) inches above copper cables with over two
hundred (200) pairs and above fiber facilities.
n) Below concrete or bituminous paved road surfaces, directional bore
facilities must be installed in conduit.
o) The placing of all facilities must comply with the National Electric
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Safety Code, as incorporated by reference in Minnesota Statutes
section 326B.35.
p) At the direction of the Director, facilities being installed or relocated
shall be placed in a common conduit system or share other common
arrangements.
q) A Minnesota licensed surveyor shall be used to locate property lines,
install property pins, and replace any destroyed property pins at
corners.
r) Excavations, trenches, and jacking pits off the roadway or adjacent to
the roadway or curbing shall be sheathed and braced depending upon
location and soil stability and as directed by the City.
s) Excavations, trenches, and jacking pits shall be protected when
unattended to prevent entrance of surface drainage.
t) All backfilling must be placed in six inch (6") layers at optimum
moisture and compacted with the objective of attaining ninety-five
percent (95%) of Standard Proctor. Compaction shall be accomplished
with hand, pneumatic, or vibrating compactors as appropriate.
u) Backfill material shall be subject to the approval of the Director. The
Director may permit backfilling with the material from the excavation
provided such material is acceptable to the Director.
v) Compacted backfill shall be brought to bottom of the aggregate base of
the approved street section.
w) Street and pedestrian traffic shall be maintained throughout
construction unless provided otherwise by the permit.
x) No lugs damaging to roadway surfaces may be used.
y) Dirt or debris must be periodically removed during construction, which
may require the use of a mechanical sweeper.
z) Above-ground utility markers may not be installed except as authorized
by the Director.
aa) Other reasonable standards and requirements of the Director.
(2) Standards for Installation of Underground Utilities. The permit holder shall
comply with the following standards when installing facilities underground:
a) Buried fiber facilities shall be at a minimum depth of three (3) feet and
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a maximum depth of four (4) feet unless an alternate location is
approved in advance by the Director. Buried copper facilities below
concrete or bituminous paved road surfaces must be placed at a
minimum depth of three (3) feet and a maximum depth of four (4)
feet. Other buried copper facilities must be placed at a minimum depth
of thirty (30) inches and a maximum depth of four (4) feet.
b) Crossing of streets and hard surfaced driveways shall be directional
bored unless otherwise approved by the Director.
c) If construction is open cut, the permit holder must install the visual
tracers within twelve (12) inches and over buried facilities. If other
construction methods are used, substitute location methods will be
considered.
d) The permit holder shall register with Gopher State One Call and
comply with the requirements of that system.
e) Compaction in a trench shall be ninety-five percent (95%) of Standard
Proctor and copies of test results must be submitted to the
Director. Tests will be required at the discretion of the Director. Tests
must be conducted by an independent testing firm at locations approved
by the Director. The Director may require recompaction and new tests
if densities are not met.
f) The facilities shall be located so as to avoid traffic signals and signs,
which are generally placed a minimum of three (3) feet behind the curb.
g) When utilizing trenchless installation methods to cross an area in which
a municipal utility is located, and when directed by the City, the permit
holder shall excavate an observation hole over the utility to ensure that
the City utility is not damaged.
h) All junction boxes or access points shall be located at least ten (10) feet
from City hydrants, valves, manholes, lift stations, or catch basins
unless an alternate location is approved by the Director.
i) Underground facilities shall not be installed between a hydrant and an
auxiliary valve.
j) Buried telecommunications facilities must have a locating wire or
conductive shield, except for di-electric cables.
k) Buried fiber facilities must be placed in a conduit unless the permit
holder obtains a waiver from the City.
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(3) Standards for Installation of Overhead Facilities. The permit holder shall
comply with the following standards when installing facilities overhead:
a) All wires shall be a minimum of eighteen (18) feet above paved
surfaces and at a location that does not interfere with traffic signals,
overhead signs, or street lights.
b) Facilities shall be co-located on poles where possible.
c) Placing overhead facilities on both sides of the right-of-way is
prohibited unless specifically approved by the Director.
(4) Trenchless Excavation. A permit holder 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 employ potholing or open cutting
over existing underground utilities before excavating as determined by the
City. “Potholing” means excavating the area above an underground facility to
determine the precise location of the underground facility without damage to
it, before excavating within two feet of the marked location of the underground
facility.
(5) Location of Facilities.
a) Location. Placement, location, and relocation of facilities must comply
with local regulations and other applicable laws, and with Minnesota
Rules 7819.3100, 7819.5000, and 7819.5100.
b) Corridors. The City may assign specific corridors within the right-of-
way, or any particular segment thereof, for each type of facility that is
or, pursuant to current technology, the City expects will someday be
located within the right-of-way. All right-of-way permits issued by the
City involving the installation or replacement of facilities shall
designate the proper corridor for the facilities at issue. Facilities shall
be placed in a common conduit system or share other common
arrangements at the direction of the Director.
c) Limitation of Space. To protect the health, safety, and welfare of the
public or when necessary to protect the right-of-way and its current use,
the Director shall have the power to prohibit or limit the placement of
new or additional facilities within the right-of-way. The Director shall
strive 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 needs for the particular service, the condition of
the right-of-way, the time of year with respect to essential services, the
protection of existing facilities in the right-of-way, and future City
plans for public improvements and development projects.
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707.711 Restoration of Right-of-Way: The permit holder shall restore the right-of-way to the
satisfaction of the Director.
(1) Timing. All work to be done under the right-of-way permit and all required
restoration of the right-of-way must be completed within the dates specified in
the right-of-way permit.
(2) Duty to correct defects. Upon notification from the Director, the permit holder
shall correct all defects in restoration as required by the Director. Correction
work shall be completed within the time provided by the Director, not
including days during which work cannot be done because of circumstances
beyond the control of the permit holder, including without limitation inclement
weather, acts of God, or civil strife.
(3) Failure to restore. If the permit holder fails to restore the right-of-way in the
manner and to the condition required by the Director, or fails to satisfactorily
and timely complete all restoration required by the Director, the City may
complete the restoration. The permit holder shall reimburse the City for its
reasonable costs incurred in completing the restoration and shall pay any delay
penalty and/or degradation fee imposed by the City within thirty (30) days of
invoice from the City. If a permit holder fails to pay as required, the City may
deny future right-of-way permit applications.
707.712 Inspection and Authority of Director:
(1) Notice of Completion and As-Builts. When the work under any right-of-way
permit is completed, the permit holder shall furnish a completion certificate
and as-built drawings in accordance with Minnesota Rule 7819 and the Public
Works Design Manual.
(2) Site Inspection. The permit holder shall make the work site available at all
times during the execution of and upon completion of the work for inspection
by the Director or other City personnel and to all others authorized by law.
(3) Authority of Director.
a) The Director may order the immediate cessation of any work which the
Director determines, in the Director’s sole discretion, poses a serious
threat to the life, health, safety, or well-being of the public.
b) The Director may issue an order to the permit holder requiring the
correction of any work that does not conform to the terms of the right-
of-way permit or other applicable laws, standards, conditions, or codes.
The order shall inform the permit holder that failure to correct the
violation may result in revocation of the right-of-way permit.
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707.713 Work Done Without a Permit: Except in an emergency situation as set forth below,
any person who installs or constructs a facility in the right-of-way or temporarily or
permanently obstructs or excavates any right-of-way without a right-of-way permit
issued by the City shall be guilty of a misdemeanor.
(1) Emergency Situations – Right-of-Way User. A right-of-way user shall
immediately notify the City of any event concerning its facilities that it
considers to be an emergency and may take any actions reasonable and
necessary to respond to the emergency. Within two (2) business days after the
occurrence of the emergency, the right-of-way user shall apply to the City for
the necessary right-of-way permit(s), pay the fees associated therewith, and
fulfill the rest of the requirements necessary to bring itself into compliance
with this Section for the actions it took in response to the emergency.
(2) Emergency Situations – City. If the City becomes aware of an emergency
concerning facilities in the right-of-way, the City will make reasonable
attempts to contact the owner of each facility affected, or potentially affected,
by the emergency. In any event, the City may take whatever action it deems
necessary to respond to the emergency. If the emergency was caused by a
facility or facilities, the owner thereof shall reimburse the City for its costs in
responding to the emergency.
(3) Non-Emergency Situations. Except in an emergency, any person who
obstructs or excavates a right-of-way without first having obtained a right-of-
way permit must subsequently obtain a right-of-way permit. The fee for a
subsequently issued right-of-way permit shall be established from time to time
by City Council and set forth in the City Fee Schedule. The permit holder shall
also pay all the other fees required by the City Code, deposit with the City the
fees necessary to correct any damage to the right-of-way, and comply with all
other requirements of this Section.
707.714 Damage to Other Facilities:
(1) When the City performs work in the right-of-way that requires the alteration
or relocation of an existing facility, the Director shall notify the facility owner
as soon as is reasonably possible. The facility owner shall reimburse the City
for its costs associated with such alteration or relocation within thirty (30) days
from the date of billing.
(2) Each facility owner shall be responsible for the cost of repairing any facilities
in the right-of-way which it or its facilities damage. Each facility owner shall
be responsible for the cost of repairing any damage to the facilities of another
caused during the City's response to an emergency caused by that owner’s
facilities.
707.715 Revocation of Permits:
14
(1) Substantial Breach. The Director may revoke any right-of-way permit if the
permit holder substantially breaches any of the terms and conditions of any
applicable statute, ordinance, rule or regulation, or any condition of the right-
of-way permit. A substantial breach includes, but is not limited to, the
following:
a) The violation of any material provision of the right-of-way permit or
this Section;
b) The attempt to evade any material provision of the right-of-way permit
or the perpetration or attempt to perpetrate any fraud or deceit upon the
City or its citizens;
c) Any material misrepresentation of fact in the permit application;
d) The failure to complete the work in a timely manner unless a permit
extension has been obtained or unless the failure to complete work is
due to reasons beyond the permit holder’s control; or
e) The failure to timely comply with an order of the Director.
(2) Written Notice of Breach. If the Director determines that the permit holder has
committed a substantial breach, the Director shall notify the permit holder of
the breach in writing and demand that the permit holder remedy the violation.
The notice and demand shall inform the permit holder that continued violations
may result in revocation of the right-of-way permit. In the notice and demand,
the Director may also impose additional or revised conditions on the right-of-
way permit to mitigate and remedy the breach.
(3) Response to Notice of Breach. Within two (2) business days of receiving the
written notice and demand, the permit holder shall provide the City with its
plan to cure the breach. Any failure to respond to the notice, to submit an
acceptable plan, or to implement the approved plan shall be grounds for
immediate revocation of the right-of-way permit.
(4) Reimbursement of City Costs. Upon revocation of a right-of-way permit, the
permit holder shall reimburse the City for its reasonable costs incurred because
of the revocation, including but not limited to restoration costs, collection
costs, and attorney fees.
707.716 Non-Completion or Abandonment of Work: Work shall progress expeditiously to
completion in accordance with any time limitation specified in the right-of-way permit
so as to avoid unnecessary inconvenience to the public. In the event that the permit
holder fails to timely complete the work in accordance with the terms of the right-of-
way permit or ceases or abandons the work without due cause, in addition to any other
remedy provided in this Section, the City may, after six (6) hours’ notice in writing to
the permit holder of its intention to do so, correct the work, fill the excavation and
15
repair the right-of-way in a manner that it deems necessary to protect the safety and
welfare of the public. The City shall make or contract for all temporary and permanent
repairs, including but not limited to backfilling, compacting, and resurfacing, and the
permit holder shall reimburse the City for all costs incurred for such work. If the permit
holder fails to reimburse the City within thirty (30) days of billing, the City may do
any or all of the following: (1) reimburse itself from the proceeds from any cash
deposit, letter of credit, bond, or other security given by the permit holder; (2) deny
the permit holder any future right-of-way permits; and (3) impose a delay penalty.
707.717 Indemnification and Liability: By applying for and accepting a right-of-way permit,
the applicant and permit holder agree to defend, indemnify and hold the City harmless
from all liability or claims of liability for bodily injury or death to persons, or for
property damage, for those claims specified in Minnesota Rule 7819.1250, subpart 2.
707.718 Appeal: An applicant that has been denied a right-of-way permit or a right-of-way
user that has had a right-of-way permit revoked may appeal the denial or revocation
to the City Manager. Such appeal shall be taken by filing with the City Clerk within
ten (10) days after the denial or revocation, a written statement requesting a hearing
before the City Manager and setting forth fully the grounds for the appeal. A hearing
shall be held within thirty (30) days of receipt of the request. Notice of the hearing
shall be given by the City Clerk in writing, setting forth the time and place of hearing.
Such notice shall be mailed, postage prepaid, to the applicant or permit holder at
his/her/its last known address at least five (5) days prior to the date set for hearing.
707.800 REGISTRATION OF TELECOMMUNICATION USERS:
707.801 Findings, Purpose and Intent: The City desires high quality wireless
telecommunication services to accommodate the needs of residents and businesses. At
the same time, the City strives to minimize the negative impacts that
telecommunication facilities can have on aesthetics and public safety. Due to the many
services that must be delivered within its limited area, the City also strives to avoid
unnecessary encumbrances within the right-of-way. The purpose of this Subsection
707.800 is to regulate the installation of telecommunication facilities within the right-
of-way in a manner that balances desire for service with aesthetic, public safety, and
right-of-way flexibility concerns.
Rights-of-way are appropriate locations for telecommunication facilities that present
minimal impacts. The City recognizes that, as wireless technology advances, some
areas of the City may be hard to serve with wireless technology due to the lack of
siting alternatives in the immediate vicinity.
707.802 Registration: In addition to all other requirements in this Section, including but not
limited to the requirement to obtain a right-of-way permit pursuant to Subsection
707.700 and the requirements relating to siting of structures in Subsection 707.900, a
telecommunications user who desires to place telecommunication facilities in the
right-of-way shall register each facility with the City.
16
707.803 Application for Registration: A written application for registration shall be
submitted to the Engineering and Inspections Department at least two weeks prior to
installation of the facility. The application shall be made on a form provided by the
City and shall include all required information and attachments. All such applications
shall be consistent with the provisions of this Section and good engineering, safety,
and maintenance practices shall be followed.
707.804 Registration Fee: The City shall establish a registration fee in an amount sufficient to
recover City costs. The fee shall be imposed annually on each registered facility. The
registration fee is nonrefundable. The registration fee shall be established from time
to time by the City Council and set forth in the City Fee Schedule. Failure to pay the
registration fee shall be grounds for revocation of the registration.
707.805 Indemnification and Insurance:
(1) Indemnification. By registering to place facilities in the right-of-way, the
applicant and registrant agree to defend, indemnify and hold the City harmless
from all liability or claims of liability for bodily injury or death to persons, or
for property damage, for those claims specified in Minnesota Rule 7819.1250,
subpart 2.
(2) Insurance. Registrant shall obtain and maintain, throughout the term of the
registration, a commercial general liability insurance policy which provides
coverage for damage to the personal property of others or injury to persons.
The City shall be named as an additional insured on said insurance policy. Said
policy shall contain a clause which provides language stating that the company
that issues the policy shall not change, non-renew, or materially change the
policy without first providing the City thirty (30) days prior written notice.
707.806 Confirmation of Registration: Upon the Director’s determination that the applicant
has satisfied the requirements of this Section, the Director shall confirm the
registration subject to the terms and conditions of this Section. The Director may
impose reasonable conditions upon the registration to protect the health, safety, and
welfare or to protect the right-of-way and its current use. In addition, a registrant shall
comply with all local, state and federal laws, including but not limited to Minnesota
Statutes Chapter 216D and Minnesota Rules Chapter 7560 (Gopher One Call
Excavation Notice System).
707.807 Denial of Registration: The City may deny a registration for failure to meet the
requirements and conditions of this Section or if the City determines that the denial is
necessary to protect the health, safety, and welfare of the public or the right-of-way
and its current use.
707.808 Update of Registration: The registrant inform the City of any change in the
registration information within fifteen (15) days of the change.
707.809 Inspection and Authority of Director.
17
(1) Site Inspection. The registrant shall make the site of each facility available at
all times for inspection by the Director or other City personnel and to all others
authorized by law.
(2) Authority of Director. The Director may order the immediate repair or removal
of any facility which the Director determines, in the Director’s sole discretion,
poses a serious threat to the life, health, safety, or well-being of the public or
fails to comply with any federal, state or local law, rule or regulation. The
order shall inform the registrant that failure to correct the violation may result
in revocation of the registration.
707.810 Revocation of Registration:
(1) Substantial Breach. The City may revoke any registration if the registrant
substantially breaches any of the terms and conditions of any applicable statute,
ordinance, rule or regulation, or any condition of the registration. A substantial
breach includes, but is not limited to, the following:
a) The violation of any material provision of the registration or this
Section;
b) The attempt to evade any material provision of the registration or the
perpetration or attempt to perpetrate any fraud or deceit upon the City
or its citizens;
c) Any material misrepresentation of fact in the registration application;
and
d) The failure to timely comply with an order of the Director.
(2) Written Notice of Breach. If the Director determines that the registrant has
committed a substantial breach, the Director shall notify the registrant of the
breach in writing and demand that the registrant remedy the violation. The
notice and demand shall inform the registrant that continued violations may
result in revocation of the registration. In the notice and demand, the Director
may also impose additional or revised conditions on the registration to mitigate
and remedy the breach.
(3) Response to Notice of Breach. Within two (2) business days of receiving the
written notice and demand, the registrant shall provide the City with its plan to
cure the breach. Any failure to respond to the notice, to submit an acceptable
plan, or to implement the approved plan shall be grounds for immediate
revocation of the registration.
18
(4) Reimbursement of City Costs. Upon revocation of a registration, the registrant
shall reimburse the City for its reasonable costs incurred because of the
revocation, including but not limited to collection costs and attorney fees.
707.811 Location of Facilities:
(1) Ownership. No telecommunications facility shall be placed on any structure
without written permission from the owner of the structure.
(2) New Structures. New structures may be installed in the right-of-way only
permitted by Subsection 707.900.
(3) Attachments to Existing Structures. Telecommunication facilities that comply
with the following requirements may be attached to existing structures within
the right-of-way:
a) The extension to the existing structure, including lightning rods and all
other attachments, shall not exceed the height of the existing structure
by more than fifteen (15) feet. Once the height of a structure has been
increased under the provisions of this paragraph, the height shall not be
further increased.
b) If the structure must be replaced to structurally accommodate the
telecommunication facility, the height of the replacement structure
shall not exceed the height of the existing structure and the diameter of
the replacement structure shall not exceed the diameter of the existing
structure by more than 50 percent. Once the diameter of a replacement
structure has been increased under the provisions of this paragraph, the
diameter shall not be further increased.
c) Excluding electrical meter and mounting hardware, the
telecommunication facility shall not have an aggregate volume greater
than seven (7) cubic feet and no one device shall have a volume greater
than three (3) cubic feet.
d) The telecommunication facility shall not have any individual surface
area face greater than three (3) square feet except that an individual face
of a cylindrical device shall not exceed ten (10) square feet.
e) The telecommunication facility shall not extend outward from the
existing structure or arm thereof by more than eighteen (18) inches,
except that an antenna one-half (1/2) inch or less in diameter may
extend an additional six (6) inches.
f) The telecommunication facility shall have limited exposed cabling and
mounting hardware. It shall also match the structure it is attached to in
color and, as close as practicable, in material and design.
19
g) The City may refuse to allow telecommunication facilities to be
attached to City owned structures or may require that such facilities
enter into a license or lease agreement with the City.
h) The telecommunication facility shall not interfere with public safety or
with the use of a public safety structure.
i) The telecommunication facility shall not interfere other existing
telecommunication facilities.
j) Telecommunication facilities in the right-of-way shall be removed and
relocated at the City’s request and at no cost to the City when the
Director determines that removal and relocation is necessary to prevent
interference with: (1) present or future City use of the right-of-way for
a public project; (2) the public health or safety; or (3) the safety and
convenience of travel over the right-of-way.
(4) Ground-Mounted Equipment. Ground-mounted equipment related to
telecommunication facilities may be erected in the right-of-way only when in
compliance with the following provisions:
a) The ground-mounted equipment will not disrupt traffic or pedestrian
circulation;
b) The ground-mounted equipment will not interfere with vehicle and
pedestrian intersection sight lines;
c) The ground-mounted equipment will not create a safety hazard;
d) The location of the ground-mounted equipment minimizes impacts on
adjacent property;
e) The ground-mounted equipment will not adversely impact the health,
safety, or welfare of the community;
f) The ground-mounted equipment shall be separated from the nearest
ground-mounted equipment installation on the same block face by a
minimum of 330 feet unless the equipment is placed underground, or
unless waived by the Director;
g) If located adjacent to residential uses, ground-mounted equipment shall
be limited to three (3) feet in height above grade and twenty-seven (27)
cubic feet in cumulative size;
h) If located adjacent to non-residential uses, ground-mounted equipment
shall be limited to five (5) feet in height above grade and eighty-one
20
(81) cubic feet in cumulative size;
i) The ground-mounted equipment shall have limited exposed cabling
and mounting hardware. It shall also match the structure it is attached
to in color and, as close as practicable, in material and design; and
j) The ground-mounted equipment shall be removed and relocated at the
City’s request and at no cost to the City when the Director determines
that removal and relocation is necessary to prevent interference with:
(1) present or future City use of the right-of-way for a public project;
(2) the public health or safety; or (3) the safety and convenience of
travel over the right-of-way.
707.812 Failure to Register: Any telecommunications user who fails to register shall be guilty
of a misdemeanor. The telecommunications user shall subsequently register. The fee
for a subsequent registration shall be established from time to time by the City Council
and set forth in the City Fee Schedule. The registrant shall also pay all the other fees
required by the City Code, deposit with the City the costs necessary to correct any
damage to the right-of-way, and comply with all other requirements of this Section.
707.813 Appeal: A telecommunication user that has had a registration denied or revoked may
appeal the denial or revocation to the City Manager. Such appeal shall be taken by
filing with the City Clerk within ten (10) days after the denial or revocation, a written
statement requesting a hearing before the City Manager and setting forth fully the
grounds for the appeal. A hearing shall be held within thirty (30) days of receipt of the
request. Notice of the hearing shall be given by the City Clerk in writing, setting forth
the time and place of hearing. Such notice shall be mailed, postage prepaid, to the
applicant or registrant at his/her/its last known address at least five (5) days prior to
the date set for hearing.
707.900 SITING OF NEW STRUCTURES:
707.901 Findings, Purpose and Intent: In order to accommodate the needs of residents and
businesses while protecting the public health, safety and general welfare of the
community, the City Council finds these regulations are necessary to maximize the
use of existing and approved structures in the right-of-way in order to reduce the
number of new structures necessary in the right-of-way to serve the community.
707.902 Scope and Application: In addition to all other requirements in this Section,
including but not limited to the requirement to obtain a right-of-way permit pursuant
to Subsection 707.700 and the requirement of a telecommunications user to register
each facility pursuant to Subsection 707.800, installation or construction of structures
shall be subject to the requirements of this Subsection.
707.903 New Structures: The installation or construction in the right-of-way of a new
structure shall be allowed only under the following circumstances:
21
(1) New structures in the right-of-way shall be permitted only in right-of-way
abutting State or County highways or collector streets as identified in the City’s
Comprehensive Plan. The Director may allow new structures in other locations
only in writing and only upon determining that the proposed location in is
reasonably necessary.
(2) The maximum height of the structure, including all attachments, shall not
exceed 45 feet. The height of structures shall be determined by measuring the
vertical distance from the structure's point of contact with the ground to the
highest point of the tower, including all facilities.
(3) Structures shall comply with the following setbacks:
a) Structures shall be located at least 10 feet from the curb or if there is no
curb from the traveled right-of-way.
b) Structures shall be located at least 2 feet from pedestrian trails or
sidewalks.
c) Structures shall be located at least 5 feet from a residential lot line.
d) Structures shall be located at least 2 feet from a commercial or
industrial lot line.
e) Structures shall be located at least 300 feet in any direction from the
nearest existing structure.
If a proposed new structure cannot meet all of the setback requirements, the
proposed new structure shall not be permitted except by written exception
granted by the Director.
(4) Placing overhead facilities on both sides of the right-of-way is prohibited
unless specifically approved by the Director.
(5) Structures shall not include any lighting except as specifically required by
federal, state, or local laws, rules or regulations.
(6) Structures shall not contain any signs or advertising except for applicable
warning and equipment information required by the manufacturer or federal,
state, or local laws, rules or regulations.
(7) Structures shall be designed to blend into the surrounding environment to the
maximum extent possible including through the use of building materials,
color, texture, and screening.
(8) Structure design shall be subject to approval by the Director taking into
consideration safety, interference with the right-of-way and aesthetics.
22
(9) Structures shall not interfere with the right-of-way.
(10) Structures shall not endanger the public health, safety or welfare.
707.904 Exceptions: The siting requirements in subdivision 707.903 above shall not apply to
the installation of public safety structures or by written exception granted by the
Director.
3. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated
verbatim.
4. This Ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 27th day of March, 2017.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the 1st day of April, 2017.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-____
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. _____ AND
ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS,
On March 27, 2017 the City Council adopted Ordinance No. ____ re-naming
Section 701 of the Prior Lake City Code and inserting a new Section 707 relating
to right-of-way management; and
WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper
before it becomes effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the
Council finds that the summary is an accurate representation of the Ordinance; and
WHEREAS, The City Council desires to publish a summary of the amendments to Part 7 of the
Prior Lake City Code and has determined the publication of a summary of this
ordinance will meet the intent of the statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Ordinance No. _____________ is lengthy.
3. The text of summary of Ordinance No. __________________, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and
summary of the Ordinance will clearly inform the public of the intent and effect of the
Ordinance.
4. The title and summary shall be published once in the Prior Lake American in a body type no
smaller than brevier or eight-point type.
5. A complete text of the newly amended City Code will be available for in spection at City Hall
or in the Document Center on the City of Prior Lake Website after April 1, 2017.
PASSED AND ADOPTED THIS 27th DAY OF MARCH 2017.
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
_____________________________
Frank Boyles, City Manager
2
Exhibit A
SUMMARY ORDINANCE NO. __________
CITY OF PRIOR LAKE
ORDINANCE NO. _________
AN ORDINANCE AMENDING CITY CODE PART 7 BY RENAMING SECTION 701 RELATING TO
STREETS AND SIDEWALKS, ADDING A NEW SECTION 707 RELATING TO RIGHT-OF-WAY
MANAGEMENT, AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER
THINGS CONTAINS PENALTY PROVISIONS.
The following is only a summary of Ordinance No. ____________. The full text will be
available for public inspection after April 1, 2017 by any person during regular office hours at
City Hall or in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance amends Part 7 of the City Code by replacing naming Section 701 to
“Streets and Sidewalks” and inserting a new Section 707 relating to right-of-way management.
The new Section 707 sets forth regulations relating to right-of-way permits, registration of
telecommunications users, and siting of new structures in the right-of-way.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 27th day of March 2017.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Summary published in the Prior Lake American on the 1st day of April, 2017.
150 South Fifth Street | Suite 1200 | Minneapolis, MN 55402
P:612-877-5000 F:612-877-5999 W:LawMoss.com
March 13, 2017
SENT VIA E-MAIL
City Council
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Re: City of Prior Lake Right of Way Management and Small Cell Technology Developments
Dear Council Members:
Our law firm has been retained by Verizon Wireless to represent it in its wireless network development in
Prior Lake. In the past, we have worked closely with Nick Zurbey, Public Works Technician, and Sarah
Schwarzhoff, City Attorney, to enable Verizon Wireless equipment to be located on several City-owned
properties, including the Tower Street water tower and the Cedarwood Street water tower. Our client,
Verizon Wireless, has been a responsible tenant of the City’s for more than 25 years.
Recently, we reviewed a copy of a report regarding the City’s current leases with all major wireless
communication carriers. This report also contains insights regarding the future of these tower leases as
well as the potential for the City to regulate small cell installations going forward. In an effort to assist
the City as it contemplates updating its zoning regulations and right of way ordinance, we would like to
highlight the following issues.
Small cell facilities work in conjunction with traditional cell sites to improve network
capacity. At one time, the wireless companies had to rely completely on traditional, “macro”
installations, which are larger installations, with anywhere from 6 to 15 larger antennas mounted on taller
towers, water towers, etc. These taller structures (usually from 75 to 350 feet tall) allow the macro site
to serve a large geographic area, much larger than the area served by a small cell. These macro
installations also require bulky, complex equipment that must be housed in an equipment shelter or in
weatherproof cabinets mounted on the ground near the base of the tower. Until recently, wireless service
was provided only using macro sites. Small cell technology was not available.
The advent of small cell technology (which works in conjunction with traditional, macro cell sites) means
that our client is now able to install small facilities at elevations above ground level, at heights which are
comparable to traditional light poles and other utility poles. While these small cells cannot replace macro
facilities, they can be used to greatly improve network capacity. The demand for network capacity is only
increasing as consumers utilize cellphones, smartphones, and tablets (or multiples of each!) for personal
and business communication.
Forward-thinking cities recognize the differences between small cell and macro installations, and regulate
them accordingly. These cities allow small cells in all zoning districts with streamlined regulatory approval
processes, in recognition that small cells involve minimal equipment and can blend easily into the existing
environment. In fact, the majority of Verizon Wireless’s small cell installations are on light and utility
poles. Of course, wireless devices only work when there are antennas in relatively close proximity to the
wireless caller. Therefore, in order for this technology to improve the functioning of devices used by
emergency responders when on the scene, or average citizens to check for storms or get directions, the
City should encourage the development of small cells.
City of Prior Lake Right of Way Management
and Small Cell Technology Developments
March 13, 2017
Page 2 of 2
City ordinances should make it easy to deploy new wireless technology for the benefit of City
residents and visitors. Cellphones have become so commonplace that it is crucial for cities like Prior
Lake to adopt ordinances that encourage well-developed networks, so that these devices will work
properly when they are needed most. Installing small cells within local public rights of way is a key piece
of this network development, and Verizon Wireless has successfully worked with cities across the state to
deploy these installations within the right of way. State law provides that cities may, but are not required
to, manage the use of local public rights of way by telecommunications rights of way users (like Verizon
Wireless) and to receive management costs for their efforts. See Minn. Stat. § 237.163, subd. 6 (2015).
We are happy to provide examples of ordinances that cities have enacted that fairly manage all uses of
local public rights of way. We are also happy to meet with City Staff to discuss how best to update the
City’s ordinances to address this important change in technology.
Conclusion. We plan to provide more detailed suggestions in the event City Staff propose amendments
to current City ordinances regarding these issues. Until that time, we are always available to answer
questions related to the development of the Verizon Wireless network. If any reader of this letter has
questions, please do not hesitate to contact me.
We look forward to working with you to improve Verizon Wireless service in Prior Lake.
Sincerely,
Jaymes D. Littlejohn
Attorney at Law
P: (612) 877-5274 F: (612) 877-5047
Jay.Littlejohn@lawmoss.com
JDL/KDP
cc: Michael Cogar (via e-mail)
Nia Mathis (via e-mail)
M a rc h 22 , 2 0 1 7
+•+•+ Moss & Barnett
. SENT VIA E-MAIL
City Council
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Re: City of Prior Lake Proposed Right-of-Way Management Ordinance, Section 707
Dear Council Members:
Our law firm has been retained by Verizon Wireless to represent it in its wireless network development in
Prior Lake. As indicated in our letter dated March 13, 2017, Verizon Wireless equipment is currently
located on several City-owned properties, including the Tower Street water tower and the Cedarwood
Street water tower. Verizon Wireless has long been an exemplary tenant of the City. Now, our client
plans to improve service in Prior Lake by deploying an important new technology: small cells.
Wireless devices only work when there are antennas in relatively close proximity to the wireless caller.
Wireless voice and data services are in high demand in Prior Lake, and our client is working very hard to
meet those needs. Certainly, emergency responders such as police and fire personnel use their devices
when on the scene or traveling to it. But smartphones are just as likely to be used by the average citizen
- to check for storms while fishing, golfing or boating, to read e-mail between innings of a little league
game or even to get directions to the next hockey game. As a result, the antennas need to be wherever
the people are.
Recently, we received a copy of the proposed ordinance, Section 707, which outlines how the City
intends to manage the public rights-of-way. Having reviewed the ordinance, we can see how much time
and careful thought has been devoted, and we have some additional information, as well as a few
suggestions, for your consideration.
Pole Diameter. As you can see from the enclosed redline, we have very few revisions to recommend.
These revisions stem from our experience with small cell deployment in Minnesota and a couple of other
states in the upper Midwest during the past few years. In most cases small cells are best installed on
existing light poles, but standard light poles are not typically engineered to support additional equipment.
As a result, small cell installations often involve the replacement of streetlight poles in the right-of-way.
According to our client's engineering consultant, existing light poles are typically 4" x 4" to 6" x 6", or 6"
+/- in diameter. Therefore, Section 707.811(3)(b) and the limitation on increasing the diameter of any
structure by 50% would restrict any replacement pole to 6" x 6" or 8" x 8". In order to be sure that there
is room to install all wiring inside of the replacement pole, these new poles tend to be 8" x 8" (if square)
or 8" diameter (for round poles). Consequently, it makes sense for the Director to have a degree of
flexibility in approving a replacement pole that increases the diameter of the existing structure by more
than 50%. After all, a replacement pole with a larger diameter may be more appropriate for a site if the
City wants to replace an old utility pole with a flag pole or an emergency call box; and because larger
poles improve aesthetics by enclosing more wires inside the pole. Also, larger poles can usually
accommodate more equipment, which would promote co-location. This flexibility in replacing existing
structures that will support the small cell antennas and equipment would certainly help to avoid the
potential for an increase in the overall number of poles.
150 South Fifth Street I Suite 1200 I Minneapolis, MN 55402
P:612-877-5000 F:612-877-5999 W:LawMoss.com
City o f Prior L a ke Prop ose d R igh t-o f-Way
Ma n ag em en t Ordin a n ce/ Se ction 70 7
Ma rch 2? 2 0 1 7
Page 2 o f 3
+•+•+ Moss & Barnett
New Poles. On a related note, the ordinance should provide the Director with more guidance about
when new structures should be allowed in the riqht-of-way. Specifically, the Director should allow new
structures to be installed outside of state or county highway rights-of-way under some specific
circumstances. For example, this might make sense when a facility cannot be accommodated on an
existing structure within 300 feet of the proposed location due to the structural capacity of the existing
structure, interference from existing attachments or lack of space available on the existing structure, or
due to the wireless service objectives of the proposed facility. This limitation ensures that new structures
are not erected, unless needed to meet service demand that cannot be done through use of an existing
structure.
Setbacks. The proposed ordinance includes many limitations on the size and location of
telecommunications facilities that also limit the City's options for greater flexibility in evaluating permits.
Section 707.903(3)(a) requires that any telecommunications facilities in the right-of-way be setback 10
feet from the curb. While this setback may be reasonable in many instances, it may conflict with the
City's goal to reduce the visual impact of new structures. Therefore, we propose that new structures may
also be placed along a right-of-way to align with existing structures. By aligning structures, the City will
make new structures less noticeable. We also propose that equipment should be able to extend from the
structure 36 inches, rather than 18 inches. See Section 707.811(3)(e). This distance would accommodate
a standard panel antenna. By restricting the extension of equipment from the pole, the City is limiting
facilities to the use of equipment with a shorter range. Equipment with a shorter range necessitates
installing more facilities to make up the difference. In our experience, avoiding the need to install
additional facilities in the rights-of-way has been preferred by other Cities with whom we have dealt.
Notice Prior to Relocation. In managing the public rights-of-way, the City understandably needs the
authority to direct telecommunications users to remove their equipment if such removal is in the public
interest. However, because this equipment is enclosed in a pole, and connected to fiber and electric
utilities, decommissioning a site is more complicated that removing other types of right-of-way
installations such as telephone lines. Therefore, we propose that the City provide telecommunications
users 90 days' written notice before requiring removal. See Section 707.811(3)U) and (4)U). In addition,
registrants should have an opportunity to cure any noncompliance with any applicable statute, ordinance,
rule or regulation before the City orders removal of a facility. See Section 707.809.
Bond or O ther Financial Security . Finally, the proposed ordinance calls for right-of-way users to
supply financial security in order to cover City costs in the event it must restore the right-of-way or
enforce Code provisions. See Section 707. 708. We propose giving right-of-way users clarity on how much
financial security will be expected up front, though the City may always request more in the event
additional security is necessary. For a recent macrocell installation the City required a deposit of $3,000.
Therefore, we propose the City likewise require financial security of $3,000 per right-of-way permit.
New w ireless technology benefits City residents and visitors. Cellphones have become so
commonplace that it is crucial for cities like Prior Lake to encourage well-developed networks, so that
these devices will work properly when they are needed most. After all, nearly 50% of adults in the United
States have only a wireless telephone, with no traditional landline telephone service at all:
City of Prior Lake Proposed Right-of-Way
Ma nag em en t Ordin a nce, Section 707
March 22, 2017
Page3 of 3
+•+•+ Moss & Barnett
Wireless-Only Households, 2003-20161
Percent
60
50
40
30
20
10
Children with
wireless service only
59.4
0 .....__.__ ......... __.__._...._.........,__.__._...._.........,__.__._...._.........,__.__._...._.........,~~
Jan-Jun Jan-Jun Jan-Jun Jan-Jun Jan-Jun Jan-Jun Jan-Jun
2003 2006 2008 2010 2012 2014 2016
That percentage will only rise as the next generation moves into adulthood, since nearly 60% of children
live in households that have a wireless telephone as the only telephone. Here in the Midwest, 51. 7% of
adults live in households with no wired phone. 2 Deploying small cell facilities in the public right-of-way is
critical to providing adequate network capacity and fixing coverage gaps created by topography or
surrounding buildings. Only by providing small cell facilities in relatively close proximity to its customers
can Verizon Wireless resolve these issues. Public rights-of-way have been used by telecommunication
providers in Minnesota for decades, and by adopting reasonable ordinances, cities like Hutchinson can
ensure responsible management of its local public rights-of-way for all users.
Conclusion. Enclosed is a redline reflecting these preliminary suggestions. Please let us know if you
would like more detailed suggestions to the proposed ordinance. We plan to attend the City Council
meeting on March 27, 2017, to answer any questions related to our suggestions or more general
questions regarding the development of the Verizon Wireless network. If any reader of this letter has
questions, please do not hesitate to contact me. We look forward to working with you to continue
improving Verizon Wireless service in Prior Lake.
Sincerely,
~~
Jaymes D. Littlejohn
Attorney at Law
P: (612) 877-5274 F: (612) 877-5047
Jay.Littlejohn@lawmoss.com
Enclosure
cc: Michael Cogar (via e-mail)
Katherine D. Pasker
Attorney
P: (612) 877-5312 F: (612) 877-5027
Katherine. Pasker@lawmoss.com
1 See U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Wireless Substitution: Early
Release of Estimates from the National Health Interview Survey, January-June 2016 (Dec. 2016) at p. 1 available at
http://www.cdc.gov/nchs/ data/nhis/ earlyrelease/wireless 201612 .pdf.
2 Id. at Table 2, p.7.
3537956v1
SECTION 707
RIGHT-OF-WAY MANAGEMENT
SUBSECTIONS:
707.100: ELECTION TO MANAGE THE RIGHTS-OF-WAY
707.200: ADMINISTRATION
707.300: DEFINITIONS
707.400: APPLICATION AND SCOPE
707.500: RIGHT-OF-WAY VACATION
707.600: ABANDONED FACILITIES
707.700: RIGHT-OF-WAY PERMITS
707.800 REGISTRATION OF TELECOMMUNICATION USERS
707.900: SITING OF NEW STRUCTURES
707.100 ELECTION TO MANAGE THE RIGHTS-OF-WAY: Pursuant to the
authority granted to the City under state and federal statutory, administrative, and
common law, including but not limited to Minn. Stat. § 237.163, subd. 2(b), the
City hereby elects to manage rights-of-way within its jurisdiction. This Section
shall be interpreted consistently with Minnesota Statutes Chapter 237, Minnesota
Rules Chapter 7819, and other laws governing applicable rights of the City and
users of the right-of-way. This Section 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.
707.200 ADMINISTRATION: The Director is the principal City official responsible for
the administration of the right-of-way, right-of-way permits, and other ordinances
related thereto. The Director may delegate any or all of the duties hereunder.
707.300 DEFINITIONS: The following words, terms and phrases, as used herein, have
the following meanings unless the context clearly indicates otherwise:
Applicant: Any person applying for a right-of-way permit or registration under
this Section.
Director: The City’s Engineering/Inspections Director or his or her designee.
Emergency: A condition that poses a clear and immediate danger to life or health;
may result in a significant loss of property; or requires immediate repair or
replacement in order to restore service.
Excavate: To dig into or in any way remove, physically disturb, or penetrate any
part of a right-of-way.
Facility: A tangible asset for use in connection with the storage or conveyance of:
water; sewage; lighting; electronic, telephone or telegraphic communications;
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fiber optics; cable television; electric energy; oil; natural gas; or hazardous
liquids. Facility includes, but is not limited to, pipes, sewers, conduits, cables,
valves, lines, wires, manholes, and attachments. Facility includes a
telecommunications facility.
Obstruct: To place any tangible object upon a right-of-way so as to hinder free
and open passage over that or any part of the right-of-way.
Permit Holder: Any person to whom a right-of-way permit has been issued by the
City.
Registrant: Any person for whom a registration has been confirmed by the City.
Right-of-Way: The area on, below, or above a public roadway, highway, street,
cartway, bicycle lane, trail, and public sidewalk in which the City has an interest,
including but not limited to dedicated rights-of-way for travel purposes and utility
easements of the City.
Right-of-Way User: A person owning or controlling or desiring to own or control
a facility in the right-of-way. Right-of-way user includes a telecommunication
user.
Section: This entire Section 707.
Structure: Any ground or building mounted pole, spire, tower, building or
combination thereof used to support or convey any facility within the right-of-
way.
Telecommunications Facility: A tangible asset used to provide wireless
telecommunication services, including all antennas, support devices, and
telecommunications mechanical equipment including ground-mounted equipment,
associated cables, and attachments.
Telecommunications User: A person owning or controlling or desiring to own or
control a telecommunications facility in the right-of-way.
707.400 APPLICATION AND SCOPE: Except as otherwise stated herein, the
provisions of this Section are applicable to all public and private right-of-way
users, including but not limited to those rights-of-way owned or operated by
private entities, the United States, the State of Minnesota, or any county, town,
city, district, or other political subdivision located wholly or partially within the
corporate limits of the City. All right-of-way users shall comply with all
applicable provisions of this Section.
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707.500: RIGHT-OF-WAY VACATION:If the City vacates a right-of-way that contains
facilities, the facility owner’s rights in the vacated right-of-way are governed by
Minnesota Rule 7819.3200.
707.600: ABANDONED FACILITIES: A right-of-way user shall notify the City when
facilities are to be abandoned. A right-of-way user who has abandoned facilities
in a right-of-way shall remove them from the right-of-way if required in
conjunction with other right-of-way repair, excavation, or construction, unless the
Director waives this requirement.
707.700: RIGHT-OF-WAY PERMITS:
707.701 Findings, Purpose and Intent: To provide for the health, safety, and welfare of
its citizens, and to ensure the integrity of its streets and the appropriate use of the
rights-of-way, the City strives to keep its rights-of-way in a state of good repair
and free from unnecessary encumbrances.
Accordingly, the City hereby enacts this Subsection of the Code relating to right-
of-way permits. This Subsection imposes reasonable regulations on the placement
and maintenance of facilities and equipment currently within the City’s 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 Subsection, persons
excavating and obstructing the rights-of-way will bear financial responsibility for
their work. Finally, this Subsection provides for recovery of out-of-pocket and
projected costs from persons using the rights-of-way.
707.702 Right-of-Way Permit Required:
(1) Permit Required. In addition to all other requirements in this Section,
including but not limited to the requirement for a telecommunications user
to register each facility pursuant to Subsection 707.800 and the
requirements relating to siting of new structures in Subsection 707.900,
and except as otherwise provided in the City Code, no person may install
or construct a facility or temporarily or permanently obstruct or excavate
any right-of-way without first having obtained a right-of-way permit from
the City.
(2) Exceptions. A right-of-way permit is not required for the following
activities. These exceptions do not relieve the person from fully
complying with all applicable provisions of this Code.
a)No right-of-way permit is required of the property owner for
gardening or sodding otherwise allowed in the boulevard area
adjacent to the paved portion of the public streets, or for gardening
or sodding in boulevard areas where a public easement exists for
underground purposes. Trees and shrubbery placed in the
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boulevard by the property owner are permitted at sufferance only,
and shall be removed promptly by the owner at the owner’s
expense upon a finding by the Director that the existence of such
encroachment upon the boulevard interferes with maintenance or
replacement of a utility or right-of-way improvement, or
constitutes a safety hazard.
b)No right-of-way permit is required of the property owner for
driveway replacement or repair that does not involve any of the
following in the boulevard area:
•Enlargement or reduction of the driveway area.
•Relocation of the driveway from its existing location.
•Change to the driveway grade.
•Repair to or change of the driveway curb, gutter, or apron.
c)No right-of-way permit is required of City employees acting within
the course and scope of their employment and contractors acting
within the course and scope of a contract with the City.
d)No right-of-way permit is required of persons who install
mailboxes in the right-of-way in accordance with requirements of
the U.S. Postal Service.
e)No right-of-way permit is required of persons who temporarily
place residential household refuse containers in the right-of-way
for the collection of solid waste or recyclables.
707.703 Application for Right-of-Way Permits:
(1) A written application for a right-of-way permit shall be submitted to the
Engineering and Inspections Department at least two weeks prior to the
anticipated project start date. The application shall be made on a form
provided by the City and shall include or be accompanied by all of the
following:
a) plans and specifications prepared and signed by an engineer
licensed to practice in the State of Minnesota;
b) a scaled drawing showing the location and area of the proposed
project and the location of all proposed facilities;
c) confirmation that other right-of-way users have been notified and
existing facilities located pursuant to local, state and federal laws,
rules, and regulations including but not limited to Minnesota
Statutes Chapter 216D and Minnesota Rules Chapter 7560 (Gopher
One Call Excavation Notice System);
d) a traffic control plan;
e) a restoration plan;
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f) a timeline for the proposed project;
g) if requested by the Director, a scaled drawing showing the location
of all known existing facilities;
h) a public notification plan and a copy of the property owner notice
required by Subsection 707.710 (1) d) below;
i) proof of insurance required by Subd. 4 C below;
j) a description of the method for backfilling and compacting, the
specifications as to the materials to be used, and the method for
street excavation which must protect abutting property and existing
facilities; and
k) required attachments.
(2) All applications shall be consistent with the provisions of this Section and
good engineering, safety, and maintenance practices shall be followed for
the work or activity conducted under the right-of-way permit.
(3) If the City has suffered any undisputed loss, damage, or expense because
of the applicant’s prior excavations, obstructions, or other work in the
right-of-way or any emergency actions relating thereto, the Director may
require the applicant to reimburse the City for such expense before
considering a new permit application for approval.
707.704 Permit Fees:
(1) The City shall establish a right-of-way permit fee in an amount sufficient
to recover City costs. The City shall impose the permit fee at the time an
application for a right-of-way permit is submitted. An application shall not
be reviewed or a permit issued unless the permit fee has been paid. Permit
fees paid for a permit that is denied or revoked are not refundable. Unless
otherwise agreed to in a franchise agreement, permit fees may be charged
separately from and in addition to the franchise fees imposed on a right-of-
way user in the franchise agreement.
(2) In accordance with Minnesota Rule 7819.1000, Subp. 3, the City shall
establish and impose a delay penalty for unreasonable delays in right-of-
way excavation, obstruction, or restoration. No delay fee shall be imposed
if the delay is due to circumstances beyond the control of the permit
holder, including without limitation inclement weather, acts of God, or
civil strife.
(3) The permit fee and delay penalty shall be established from time to time by
the City Council and set forth in the City Fee Schedule.
707.705 Issuance of Permit, Conditions, and Insurance:
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3537956v1
(1) Issuance. Upon the Director’s determination that the applicant has
satisfied the requirements of this Section, the Director shall issue the right-
of-way permit subject to the terms and conditions of this Section.
(2) Conditions. The Director may impose reasonable conditions upon the
issuance of the right-of-way permit and the performance of the permit
holder to protect the public health, safety, and welfare or to protect the
right-of-way and its current use. In addition, a permit holder shall comply
with all local, state and federal laws, rules, and regulations including but
not limited to Minnesota Statutes Chapter 216D, Minnesota Rules Chapter
7560 (Gopher One Call Excavation Notice System), and provision of
mapping information in accordance with Minnesota Rules 7819.4000 and
7819.4100.
(3) Insurance. Permit Holder shall obtain and maintain, throughout the term
of the right-of-way permit and all work performed under the permit, a
commercial general liability insurance policy which provides coverage for
damage to the personal property of others or injury to persons. The City
shall be named as an additional insured on said insurance policy. Said
policy shall contain a clause which provides language stating that the
company that issues the policy shall not change, non-renew, or materially
change the policy without first providing the City thirty (30) days prior
written notice.
707.706 Permit Display: Right-of-way permits shall be conspicuously displayed or
otherwise available at all times at the indicated work site and shall be available for
inspection by the Director.
707.707 Permit Validity and Extensions: A right-of-way permit is valid only for the
area of the right-of-way specified in the permit and for the dates specified in the
permit. No permit holder may do any work outside of the area specified in the
permit or begin its work before the permit start date or continue working after the
permit end date. Any permit holder desiring to obstruct, excavate, or perform
other work in an area greater than that specified in the permit or desiring to
perform work on dates not specified in the permit shall apply for a new or
extended right-of-way permit and pay any additional fees required by the City.
The permit holder shall obtain the new or extended permit before performing any
work not allowed by the original permit.
707.708 Financial Security: Before a right-of-way permit is issued, the applicant
shall deposit cash or submit an irrevocable letter of credit or a corporate bond in
favor of the City in an amount determined by the Director to be sufficient to: (a)
cover expenses of restoration and permit administration; (b) properly safeguard
persons or property exposed to the work or activity; (c) protect the City and its
employees from any suit, action or cause of action arising by reason of such work
or activity; and (d) cover costs of enforcement. The initial amount of financial
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security sought by the Director shall not exceed $3,000. The Director may require
additional security in the amount necessary to assure the City that the street and
base are restored to a condition comparable to that in existence when the work
commenced. The City shall deduct from the financial security all costs actually
incurred by the City. Any portion of the financial security not retained by the
City shall be returned to the person who submitted the financial security within 60
days of the completion of the work. If the costs exceed the financial security the
City may, at any time, require that additional funds be deposited. Regardless of
whether additional funds are deposited, if the costs exceed the financial security
after the work is complete, the City shall invoice the permit holder for the
difference. The invoice shall be paid within 30 days of receipt. The required
financial security must be:
(1) Satisfactory to the City Attorney in form and substance.
(2) Conditioned on the permit holder’s faithful compliance with all the terms
and conditions of this Section and all rules, regulations and requirements
pursuant thereto, including payment of all charges and fees.
(3) Conditioned on the permit holder’s agreement to indemnify and hold the
City, its elected and appointed officials, employees and agents, and its
officers harmless against any and all claims, judgments, or other costs
arising from the right-of-way permit or for which the City, its elected and
appointed officials, employees, and agents may be made liable by reason
of any accident or injury to persons or property through the fault of the
applicant or permit holder.
707.709 Denial of Permit: The City may deny a right-of-way permit for failure to meet
the requirements and conditions of this Section or if the City determines that the
denial is necessary to protect the health, safety, and welfare of the public or to
protect the right-of-way and its current use.
707.710 Standards for Construction or Installation:
(1) General Standards. Excavation, backfilling, patching, restoration,
installation or maintenance of fixtures and structures and all other work
performed in the right-of-way must be done in conformance with all
applicable Minnesota Statutes and Administrative Rules, including
without limitation Rules 7819.5000 and 7819.5100, all requirements of the
City Code, and all local laws, rules and regulations. The permit holder
shall comply with the following additional standards when performing the
work authorized under the right-of-way permit:
a)Take such precautions as are necessary to avoid creating
unsanitary conditions.
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b)Conduct the operations and perform the work in a manner that
ensures the least obstruction to and interference with traffic.
c)Take adequate precautions to ensure the safety of the general
public and those who require access to abutting property.
d)Notify in writing property owners within 75 feet of the work to be
performed at least three days prior to any work being performed.
The written notice shall include contact information for the permit
holder, the nature of the work being done, possible planned service
interruptions, anticipated construction dates including duration of
the work, and a map or graphic showing the location of the work
relative to the properties.
e)Comply with the Minnesota Manual of Uniform Traffic Control
Devices at all times during construction or installation.
f)Exercise caution at all times for the protection of persons,
including employees, and property.
g)Protect and identify excavations and work operations with
barricade flags and, if required, by a flag person in the daytime and
by warning lights at night.
h)Provide proper trench protection as required by the Occupational
Safety and Health Administration in order to prevent cave-ins
endangering life.
i)Protect the root growth of trees and shrubbery.
j)If possible, provide for space in the installation area for other right-
of-way users.
k)Maintain access to all properties and cross streets as possible
during construction and installation and maintain emergency
vehicle access at all times.
l)Maintain alignment and grade unless otherwise authorized by the
City. Changes not approved by the City will require removal and
reconstruction.
m)During plowing or trenching of facilities, a warning tape must be
placed at a depth of twelve (12) inches above copper cables with
over two hundred (200) pairs and above fiber facilities.
n)Below concrete or bituminous paved road surfaces, directional
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bore facilities must be installed in conduit.
o)The placing of all facilities must comply with the National Electric
Safety Code, as incorporated by reference in Minnesota Statutes
section 326B.35.
p)At the direction of the Director, facilities being installed or
relocated shall be placed in a common conduit system or share
other common arrangements.
q)A Minnesota licensed surveyor shall be used to locate property
lines, install property pins, and replace any destroyed property pins
at corners.
r)Excavations, trenches, and jacking pits off the roadway or adjacent
to the roadway or curbing shall be sheathed and braced depending
upon location and soil stability and as directed by the City.
s)Excavations, trenches, and jacking pits shall be protected when
unattended to prevent entrance of surface drainage.
t)All backfilling must be placed in six inch (6") layers at optimum
moisture and compacted with the objective of attaining ninety-five
percent (95%) of Standard Proctor. Compaction shall be
accomplished with hand, pneumatic, or vibrating compactors as
appropriate.
u)Backfill material shall be subject to the approval of the
Director. The Director may permit backfilling with the material
from the excavation provided such material is acceptable to the
Director.
v)Compacted backfill shall be brought to bottom of the aggregate
base of the approved street section.
w)Street and pedestrian traffic shall be maintained throughout
construction unless provided otherwise by the permit.
x)No lugs damaging to roadway surfaces may be used.
y)Dirt or debris must be periodically removed during construction,
which may require the use of a mechanical sweeper.
z)Above-ground utility markers may not be installed except as
authorized by the Director.
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3537956v1
aa)Other reasonable standards and requirements of the Director.
(2) Standards for Installation of Underground Utilities. The permit holder
shall comply with the following standards when installing facilities
underground:
a)Buried fiber facilities shall be at a minimum depth of three (3) feet
and a maximum depth of four (4) feet unless an alternate location
is approved in advance by the Director. Buried copper facilities
below concrete or bituminous paved road surfaces must be placed
at a minimum depth of three (3) feet and a maximum depth of four
(4) feet. Other buried copper facilities must be placed at a
minimum depth of thirty (30) inches and a maximum depth of four
(4) feet.
b)Crossing of streets and hard surfaced driveways shall be
directional bored unless otherwise approved by the Director.
c)If construction is open cut, the permit holder must install the visual
tracers within twelve (12) inches and over buried facilities. If
other construction methods are used, substitute location methods
will be considered.
d)The permit holder shall register with Gopher State One Call and
comply with the requirements of that system.
e)Compaction in a trench shall be ninety-five percent (95%) of
Standard Proctor and copies of test results must be submitted to the
Director. Tests will be required at the discretion of the
Director. Tests must be conducted by an independent testing firm
at locations approved by the Director. The Director may require
recompaction and new tests if densities are not met.
f)The facilities shall be located so as to avoid traffic signals and
signs, which are generally placed a minimum of three (3) feet
behind the curb.
g)When utilizing trenchless installation methods to cross an area in
which a municipal utility is located, and when directed by the City,
the permit holder shall excavate an observation hole over the utility
to ensure that the City utility is not damaged.
h)All junction boxes or access points shall be located at least ten (10)
feet from City hydrants, valves, manholes, lift stations, or catch
basins unless an alternate location is approved by the Director.
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3537956v1
i)Underground facilities shall not be installed between a hydrant and
an auxiliary valve.
j)Buried telecommunications facilities must have a locating wire or
conductive shield, except for di-electric cables.
k)Buried fiber facilities must be placed in a conduit unless the permit
holder obtains a waiver from the City.
(3) Standards for Installation of Overhead Facilities. The permit holder shall
comply with the following standards when installing facilities overhead:
a)All wires shall be a minimum of eighteen (18) feet above paved
surfaces and at a location that does not interfere with traffic
signals, overhead signs, or street lights.
b)Facilities shall be co-located on poles where possible.
c)Placing overhead facilities on both sides of the right-of-way is
prohibited unless specifically approved by the Director.
(4) Trenchless Excavation.A permit holder 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 employ potholing or open
cutting over existing underground utilities before excavating as
determined by the City. “Potholing” means excavating the area above an
underground facility to determine the precise location of the underground
facility without damage to it, before excavating within two feet of the
marked location of the underground facility.
(5) Location of Facilities.
a)Location.Placement, location, and relocation of facilities must
comply with local regulations and other applicable laws, and with
Minnesota Rules 7819.3100, 7819.5000, and 7819.5100.
b)Corridors. The City may assign specific corridors within the right-
of-way, or any particular segment thereof, for each type of facility
that is or, pursuant to current technology, the City expects will
someday be located within the right-of-way. All right-of-way
permits issued by the City involving the installation or replacement
of facilities shall designate the proper corridor for the facilities at
issue. Facilities shall be placed in a common conduit system or
share other common arrangements at the direction of the Director.
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c)Limitation of Space. To protect the health, safety, and welfare of
the public or when necessary to protect the right-of-way and its
current use, the Director shall have the power to prohibit or limit
the placement of new or additional facilities within the right-of-
way. The Director shall strive 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 needs for the
particular service, the condition of the right-of-way, the time of
year with respect to essential services, the protection of existing
facilities in the right-of-way, and future City plans for public
improvements and development projects.
707.711 Restoration of Right-of-Way: The permit holder shall restore the right-of-way to
the satisfaction of the Director.
(1) Timing. All work to be done under the right-of-way permit and all
required restoration of the right-of-way must be completed within the
dates specified in the right-of-way permit.
(2) Duty to correct defects.Upon notification from the Director, the permit
holder shall correct all defects in restoration as required by the Director.
Correction work shall be completed within the time provided by the
Director, not including days during which work cannot be done because of
circumstances beyond the control of the permit holder, including without
limitation inclement weather, acts of God, or civil strife.
(3) Failure to restore. If the permit holder fails to restore the right-of-way in
the manner and to the condition required by the Director, or fails to
satisfactorily and timely complete all restoration required by the Director,
the City may complete the restoration. The permit holder shall reimburse
the City for its reasonable costs incurred in completing the restoration and
shall pay any delay penalty and/or degradation fee imposed by the City
within thirty (30) days of invoice from the City. If a permit holder fails to
pay as required, the City may deny future right-of-way permit
applications.
707.712 Inspection and Authority of Director:
(1) Notice of Completion and As-Builts. When the work under any right-of-
way permit is completed, the permit holder shall furnish a completion
certificate and as-built drawings in accordance with Minnesota Rule 7819
and the Public Works Design Manual.
(2) Site Inspection.The permit holder shall make the work site available at all
times during the execution of and upon completion of the work for
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inspection by the Director or other City personnel and to all others
authorized by law.
(3) Authority of Director.
a)The Director may order the immediate cessation of any work
which the Director determines, in the Director’s sole discretion,
poses a serious threat to the life, health, safety, or well-being of the
public.
b)The Director may issue an order to the permit holder requiring the
correction of any work that does not conform to the terms of the
right-of-way permit or other applicable laws, standards, conditions,
or codes. The order shall inform the permit holder that failure to
correct the violation may result in revocation of the right-of-way
permit.
707.713 Work Done Without a Permit: Except in an emergency situation as set forth
below, any person who installs or constructs a facility in the right-of-way or
temporarily or permanently obstructs or excavates any right-of-way without a
right-of-way permit issued by the City shall be guilty of a misdemeanor.
(1) Emergency Situations – Right-of-Way User. A right-of-way user shall
immediately notify the City of any event concerning its facilities that it
considers to be an emergency and may take any actions reasonable and
necessary to respond to the emergency. Within two (2) business days after
the occurrence of the emergency, the right-of-way user shall apply to the
City for the necessary right-of-way permit(s), pay the fees associated
therewith, and fulfill the rest of the requirements necessary to bring itself
into compliance with this Section for the actions it took in response to the
emergency.
(2) Emergency Situations – City. If the City becomes aware of an emergency
concerning facilities in the right-of-way, the City will make reasonable
attempts to contact the owner of each facility affected, or potentially
affected, by the emergency. In any event, the City may take whatever
action it deems necessary to respond to the emergency. If the emergency
was caused by a facility or facilities, the owner thereof shall reimburse the
City for its costs in responding to the emergency.
(3) Non-Emergency Situations. Except in an emergency, any person who
obstructs or excavates a right-of-way without first having obtained a right-
of-way permit must subsequently obtain a right-of-way permit. The fee
for a subsequently issued right-of-way permit shall be established from
time to time by City Council and set forth in the City Fee Schedule. The
permit holder shall also pay all the other fees required by the City Code,
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deposit with the City the fees necessary to correct any damage to the right-
of-way, and comply with all other requirements of this Section.
707.714 Damage to Other Facilities:
(1) When the City performs work in the right-of-way that requires the
alteration or relocation of an existing facility, the Director shall notify the
facility owner as soon as is reasonably possible. The facility owner shall
reimburse the City for its costs associated with such alteration or
relocation within thirty (30) days from the date of billing.
(2) Each facility owner shall be responsible for the cost of repairing any
facilities in the right-of-way which it or its facilities damage. Each facility
owner shall be responsible for the cost of repairing any damage to the
facilities of another caused during the City's response to an emergency
caused by that owner’s facilities.
707.715 Revocation of Permits:
(1) Substantial Breach. The Director may revoke any right-of-way permit if
the permit holder substantially breaches any of the terms and conditions of
any applicable statute, ordinance, rule or regulation, or any condition of
the right-of-way permit. A substantial breach includes, but is not limited
to, the following:
a) The violation of any material provision of the right-of-way permit
or this Section;
b) The attempt to evade any material provision of the right-of-way
permit or the perpetration or attempt to perpetrate any fraud or
deceit upon the City or its citizens;
c) Any material misrepresentation of fact in the permit application;
d) The failure to complete the work in a timely manner unless a
permit extension has been obtained or unless the failure to
complete work is due to reasons beyond the permit holder’s
control; or
e) The failure to timely comply with an order of the Director.
(2) Written Notice of Breach.If the Director determines that the permit
holder has committed a substantial breach, the Director shall notify the
permit holder of the breach in writing and demand that the permit holder
remedy the violation. The notice and demand shall inform the permit
holder that continued violations may result in revocation of the right-of-
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way permit. In the notice and demand, the Director may also impose
additional or revised conditions on the right-of-way permit to mitigate and
remedy the breach.
(3) Response to Notice of Breach. Within two (2) business days of receiving
the written notice and demand, the permit holder shall provide the City
with its plan to cure the breach. Any failure to respond to the notice, to
submit an acceptable plan, or to implement the approved plan shall be
grounds for immediate revocation of the right-of-way permit.
(4) Reimbursement of City Costs.Upon revocation of a right-of-way permit,
the permit holder shall reimburse the City for its reasonable costs incurred
because of the revocation, including but not limited to restoration costs,
collection costs, and attorney fees.
707.716 Non-Completion or Abandonment of Work: Work shall progress
expeditiously to completion in accordance with any time limitation specified in
the right-of-way permit so as to avoid unnecessary inconvenience to the public.
In the event that the permit holder fails to timely complete the work in accordance
with the terms of the right-of-way permit or ceases or abandons the work without
due cause, in addition to any other remedy provided in this Section, the City may,
after six (6) hours’ notice in writing to the permit holder of its intention to do so,
correct the work, fill the excavation and repair the right-of-way in a manner that it
deems necessary to protect the safety and welfare of the public. The City shall
make or contract for all temporary and permanent repairs, including but not
limited to backfilling, compacting, and resurfacing, and the permit holder shall
reimburse the City for all costs incurred for such work. If the permit holder fails
to reimburse the City within thirty (30) days of billing, the City may do any or all
of the following: (1) reimburse itself from the proceeds from any cash deposit,
letter of credit, bond, or other security given by the permit holder; (2) deny the
permit holder any future right-of-way permits; and (3) impose a delay penalty.
707.717 Indemnification and Liability: By applying for and accepting a right-of-way
permit, the applicant and permit holder agree to defend, indemnify and hold the
City harmless from all liability or claims of liability for bodily injury or death to
persons, or for property damage, for those claims specified in Minnesota Rule
7819.1250, subpart 2.
707.718 Appeal: An applicant that has been denied a right-of-way permit or a right-of-
way user that has had a right-of-way permit revoked may appeal the denial or
revocation to the City Manager. Such appeal shall be taken by filing with the City
Clerk within ten (10) days after the denial or revocation, a written statement
requesting a hearing before the City Manager and setting forth fully the grounds
for the appeal. A hearing shall be held within thirty (30) days of receipt of the
request. Notice of the hearing shall be given by the City Clerk in writing, setting
forth the time and place of hearing. Such notice shall be mailed, postage prepaid,
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to the applicant or permit holder at his/her/its last known address at least five (5)
days prior to the date set for hearing.
707.800 REGISTRATION OF TELECOMMUNICATION USERS:
707.801 Findings, Purpose and Intent: The City desires high quality wireless
telecommunication services to accommodate the needs of residents and
businesses. At the same time, the City strives to minimize the negative impacts
that telecommunication facilities can have on aesthetics and public safety. Due to
the many services that must be delivered within its limited area, the City also
strives to avoid unnecessary encumbrances within the right-of-way. The purpose
of this Subsection 707.800 is to regulate the installation of telecommunication
facilities within the right-of-way in a manner that balances desire for service with
aesthetic, public safety, and right-of-way flexibility concerns.
Rights-of-way are appropriate locations for telecommunication facilities that
present minimal impacts. The City recognizes that, as wireless technology
advances, some areas of the City may be hard to serve with wireless technology
due to the lack of siting alternatives in the immediate vicinity.
707.802 Registration: In addition to all other requirements in this Section, including but
not limited to the requirement to obtain a right-of-way permit pursuant to
Subsection 707.700 and the requirements relating to siting of structures in
Subsection 707.900, a telecommunications user who desires to place
telecommunication facilities in the right-of-way shall register each facility with
the City.
707.803 Application for Registration: A written application for registration shall be
submitted to the Engineering and Inspections Department at least two weeks prior
to installation of the facility. The application shall be made on a form provided by
the City and shall include all required information and attachments. All such
applications shall be consistent with the provisions of this Section and good
engineering, safety, and maintenance practices shall be followed.
707.804 Registration Fee: The City shall establish a registration fee in an amount
sufficient to recover City costs. The fee shall be imposed annually on each
registered facility. The registration fee is nonrefundable. The registration fee
shall be established from time to time by the City Council and set forth in the City
Fee Schedule. Failure to pay the registration fee shall be grounds for revocation
of the registration.
707.805 Indemnification and Insurance:
(1) Indemnification. By registering to place facilities in the right-of-way, the
applicant and registrant agree to defend, indemnify and hold the City
harmless from all liability or claims of liability for bodily injury or death
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to persons, or for property damage, for those claims specified in
Minnesota Rule 7819.1250, subpart 2.
(2) Insurance. Registrant shall obtain and maintain, throughout the term of
the registration, a commercial general liability insurance policy which
provides coverage for damage to the personal property of others or injury
to persons. The City shall be named as an additional insured on said
insurance policy. Said policy shall contain a clause which provides
language stating that the company that issues the policy shall not change,
non-renew, or materially change the policy without first providing the City
thirty (30) days prior written notice.
707.806 Confirmation of Registration: Upon the Director’s determination that the
applicant has satisfied the requirements of this Section, the Director shall confirm
the registration subject to the terms and conditions of this Section. The Director
may impose reasonable conditions upon the registration to protect the health,
safety, and welfare or to protect the right-of-way and its current use. In addition, a
registrant shall comply with all local, state and federal laws, including but not
limited to Minnesota Statutes Chapter 216D and Minnesota Rules Chapter 7560
(Gopher One Call Excavation Notice System).
707.807 Denial of Registration: The City may deny a registration for failure to meet the
requirements and conditions of this Section or if the City determines that the
denial is necessary to protect the health, safety, and welfare of the public or the
right-of-way and its current use.
707.808 Update of Registration: The registrant inform the City of any change in the
registration information within fifteen (15) days of the change.
707.809 Inspection and Authority of Director.
(1) Site Inspection.The registrant shall make the site of each facility
available at all times for inspection by the Director or other City personnel
and to all others authorized by law.
(2) Authority of Director. The Director may order the immediate repair or
removal of any facility which the Director determines, in the Director’s
sole discretion, poses a serious threat to the life, health, safety, or well-
being of the public or fails to comply with any federal, state or local law,
rule or regulation. The order shall inform the registrant that failure to
correct the violation may result in revocation of the registration.
707.810 Revocation of Registration:
(1) Substantial Breach. The City may revoke any registration if the registrant
substantially breaches any of the terms and conditions of any applicable
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statute, ordinance, rule or regulation, or any condition of the registration.
A substantial breach includes, but is not limited to, the following:
a) The violation of any material provision of the registration or this
Section;
b) The attempt to evade any material provision of the registration or
the perpetration or attempt to perpetrate any fraud or deceit upon
the City or its citizens;
c) Any material misrepresentation of fact in the registration
application; and
d) The failure to timely comply with an order of the Director.
(2) Written Notice of Breach.If the Director determines that the registrant
has committed a substantial breach, the Director shall notify the registrant
of the breach in writing and demand that the registrant remedy the
violation. The notice and demand shall inform the registrant that continued
violations may result in revocation of the registration. In the notice and
demand, the Director may also impose additional or revised conditions on
the registration to mitigate and remedy the breach.
(3) Response to Notice of Breach. Within two (2) business days of receiving
the written notice and demand, the registrant shall provide the City with its
plan to cure the breach. Any failure to respond to the notice, to submit an
acceptable plan, or to implement the approved plan shall be grounds for
immediate revocation of the registration.
(4) Reimbursement of City Costs.Upon revocation of a registration, the
registrant shall reimburse the City for its reasonable costs incurred because
of the revocation, including but not limited to collection costs and attorney
fees.
707.811 Location of Facilities:
(1) Ownership. No telecommunications facility shall be placed on any
structure without written permission from the owner of the structure.
(2) New Structures. New structures may be installed in the right-of-way only
permitted by Subsection 707.900.
(3) Attachments to Existing Structures. Telecommunication facilities that
comply with the following requirements may be attached to existing
structures within the right-of-way:
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a)The extension to the existing structure, including lightning rods
and all other attachments, shall not exceed the height of the
existing structure by more than fifteen (15) feet. Once the height
of a structure has been increased under the provisions of this
paragraph, the height shall not be further increased.
b)If the structure must be replaced to structurally accommodate the
telecommunication facility, the height of the replacement structure
shall not exceed the height of the existing structure and the
diameter of the replacement structure shall not exceed the diameter
of the existing structure by more than 50 percent unless otherwise
approved by the Director. Once the diameter of a replacement
structure has been increased under the provisions of this paragraph,
the diameter shall not be further increased.
c)Excluding electrical meter and mounting hardware, the
telecommunication facility shall not have an aggregate volume
greater than seven (7) cubic feet and no one device shall have a
volume greater than three (3) cubic feet.
d)The telecommunication facility shall not have any individual
surface area face greater than three (3) square feet except that an
individual face of a cylindrical device shall not exceed ten (10)
square feet.
e)The telecommunication facility shall not extend outward from the
existing structure or arm thereof by more than eighteen thirty six
(1836) inches, except that an antenna one-half (1/2) inch or less in
diameter may extend an additional six (6) inches.
f)The telecommunication facility shall have limited exposed cabling
and mounting hardware. It shall also match the structure it is
attached to in color and, as close as practicable, in material and
design.
g)The City may refuse to allow telecommunication facilities to be
attached to City owned structures or may require that such
facilities enter into a license or lease agreement with the City.
h)The telecommunication facility shall not interfere with public
safety or with the use of a public safety structure.
i)The telecommunication facility shall not interfere other existing
telecommunication facilities.
j)Telecommunication facilities in the right-of-way shall be removed
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and relocated at the City’s request after providing ninety (90) days’
written notice to the registrant, and at no cost to the City when the
Director determines that removal and relocation is necessary to
prevent interference with: (1) present or future City use of the
right-of-way for a public project; (2) the public health or safety; or
(3) the safety and convenience of travel over the right-of-way.
(4) Ground-Mounted Equipment. Ground-mounted equipment related to
telecommunication facilities may be erected in the right-of-way only when
in compliance with the following provisions:
a)The ground-mounted equipment will not disrupt traffic or
pedestrian circulation;
b)The ground-mounted equipment will not interfere with vehicle and
pedestrian intersection sight lines;
c)The ground-mounted equipment will not create a safety hazard;
d)The location of the ground-mounted equipment minimizes impacts
on adjacent property;
e)The ground-mounted equipment will not adversely impact the
health, safety, or welfare of the community;
f)The ground-mounted equipment shall be separated from the
nearest ground-mounted equipment installation on the same block
face by a minimum of 330 feet unless the equipment is placed
underground, or unless waived by the Director;
g)If located adjacent to residential uses, ground-mounted equipment
shall be limited to three (3) feet in height above grade and twenty-
seven (27) cubic feet in cumulative size;
h)If located adjacent to non-residential uses, ground-mounted
equipment shall be limited to five (5) feet in height above grade
and eighty-one (81) cubic feet in cumulative size;
i)The ground-mounted equipment shall have limited exposed
cabling and mounting hardware. It shall also match the structure it
is attached to in color and, as close as practicable, in material and
design; and
j)The ground-mounted equipment shall be removed and relocated at
the City’s request after providing ninety (90) days’ written notice
to the registrant, and at no cost to the City when the Director
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determines that removal and relocation is necessary to prevent
interference with: (1) present or future City use of the right-of-way
for a public project; (2) the public health or safety; or (3) the safety
and convenience of travel over the right-of-way.
707.812 Failure to Register: Any telecommunications user who fails to register shall be
guilty of a misdemeanor. The telecommunications user shall subsequently
register. The fee for a subsequent registration shall be established from time to
time by the City Council and set forth in the City Fee Schedule. The registrant
shall also pay all the other fees required by the City Code, deposit with the City
the costs necessary to correct any damage to the right-of-way, and comply with all
other requirements of this Section.
707.813 Appeal: A telecommunication user that has had a registration denied or revoked
may appeal the denial or revocation to the City Manager. Such appeal shall be
taken by filing with the City Clerk within ten (10) days after the denial or
revocation, a written statement requesting a hearing before the City Manager and
setting forth fully the grounds for the appeal. A hearing shall be held within thirty
(30) days of receipt of the request. Notice of the hearing shall be given by the City
Clerk in writing, setting forth the time and place of hearing. Such notice shall be
mailed, postage prepaid, to the applicant or registrant at his/her/its last known
address at least five (5) days prior to the date set for hearing.
707.900 SITING OF NEW STRUCTURES:
707.901 Findings, Purpose and Intent: In order to accommodate the needs of residents
and businesses while protecting the public health, safety and general welfare of
the community, the City Council finds these regulations are necessary to
maximize the use of existing and approved structures in the right-of-way in order
to reduce the number of new structures necessary in the right-of-way to serve the
community.
707.902 Scope and Application: In addition to all other requirements in this Section,
including but not limited to the requirement to obtain a right-of-way permit
pursuant to Subsection 707.700 and the requirement of a telecommunications user
to register each facility pursuant to Subsection 707.800, installation or
construction of structures shall be subject to the requirements of this Subsection.
707.903 New Structures: The installation or construction in the right-of-way of a new
structure shall be allowed only under the following circumstances:
(1) New structures in the right-of-way shall be permitted only in right-of-way
abutting State or County highways or collector streets as identified in the
City’s Comprehensive Plan. The Director may allow new structures in
other locations only in writing and only upon determining that the
proposed location in is reasonably necessary because the facility cannot be
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accommodated on an existing structure within 300 feet of the proposed
location due to the structural capacity of the existing structure,
interference from existing attachments or lack of space available on the
existing structure, or due to the wireless service objectives of the proposed
facility.
(2) The maximum height of the structure, including all attachments, shall not
exceed 45 feet. The height of structures shall be determined by measuring
the vertical distance from the structure's point of contact with the ground
to the highest point of the tower, including all facilities.
(3) Structures shall comply with the following setbacks:
a) Structures shall be located at least 10 feet from the curb or if there
is no curb from the traveled right-of-way, except that structures
may be setback less than this distance to accomplish alignment
with the setback distance of the nearest similar structures located
on either side of the proposed location.
b) Structures shall be located at least 2 feet from pedestrian trails or
sidewalks.
c) Structures shall be located at least 5 feet from a residential lot line.
d) Structures shall be located at least 2 feet from a commercial or
industrial lot line.
e) Structures shall be located at least 300 feet in any direction from
the nearest existing structure in the right-of-way.
If a proposed new structure cannot meet all of the setback requirements,
the proposed new structure shall not be permitted except by written
exception granted by the Director.
(4) Placing overhead facilities on both sides of the right-of-way is prohibited
unless specifically approved by the Director.
(5) Structures shall not include any lighting except as specifically required by
federal, state, or local laws, rules or regulations.
(6) Structures shall not contain any signs or advertising except for applicable
warning and equipment information required by the manufacturer or
federal, state, or local laws, rules or regulations.
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(7) Structures shall be designed to blend into the surrounding environment to
the maximum extent possible including through the use of building
materials, color, texture, and screening.
(8) Structure design shall be subject to approval by the Director taking into
consideration safety, interference with the right-of-way and aesthetics.
(9) Structures shall not interfere with the right-of-way.
(10) Structures shall not endanger the public health, safety or welfare.
707.904 Exceptions: The siting requirements in subdivision 707.903 above shall not
apply to the installation of public safety structures or by written exception granted
by the Director.