HomeMy WebLinkAbout117-05 ROW Ordinance
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 117-05
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 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:
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(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 threat to the life, health, safety, or well-being of the public. 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 Dir ector
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.
18
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.
g) The City may refuse to allow telecommunication facilities to be
attached to City owned structures or may require that such facilities
19
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, after providing thirty 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;
20
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 thirty 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.
(5) Exceptions. The location requirements in subdivision 707.811 above shall not
apply to the installation of public safety structures or by written exception
granted by the Director. Such written exception shall be in the Director’s sole
discretion and shall consider surrounding topography and structures, structural
capacity of relevant structures, effect on abutting road and utilities, and other
relevant factors.
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
21
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.
(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 in the right-of-way and from the nearest
existing telecommunications facility.
(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.
22
(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 and setbacks in subdivision 707.903 above shall
not apply to the installation of public safety structures or by written exception granted
by the Director. Such written exception shall be in the Director’s sole discretion and
shall consider surrounding topography and structures, structural capacity of relevant
structures, effect on abutting road and utilities, and other relevant factors.
4. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated
verbatim.
5. 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.
CITY OF PRIOR LAKE
ORDINANCE NO. 117-05
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. 117-05. 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.
_CITY OF PRIOR LADE
ORDINANCE NO.117-05
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 144,WHICHAffidavit of Publication
AMONG OTHER THINGS
CONTAINSPROVISIONS.
Southwest Newspapers
PRO�SIONS.
The following is only a
summary of Ordinance No. 117-
05.The full text'will be available'
,for public inspection after April 1, State of Minnesota)
2017 by any person during regular )SS.
office hours at City Hall or in the
Document Center on the City of Count of Scott
Prior Lake Website. SUMMARY y )
The Ordinance amends Part 7
of the City Code by replacing
naming Section 701 to "Streets
and Sidewalks" and inserting Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
a new Section 707 relating to agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
right-of-way management.' dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as
The new Section 707 sets forth
regulations relating to right follows:
of-way permits, registration of
telecommunications users,'and (A)These newspapers have complied with the requirements constituting qualification as a legal
siting of new structures in the newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
right-of=way,This ordinance shall amended.
become effective from and after its
passage and publication.Passed (B)The printed public notice that is attached to this Affidavit and identified as No.
by the City Council of the City was published on the date or dates and in the newspaper stated in the attached Notice and said
of Prior Lake this 27th day of Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
March the newspaper s specified.Printed below is a co of the lower case alphabet from A to Z,both
ATTEST: g inclusivad is hereby acknowledged as being t e kind and size of type used in the composition
I�i�=t Briggs ,
Mayor' and publication of the Notice:
Frank Boyles E
City Manager abcdefghijklmnopgrstuva z
(Published in the Prior Lake
American on Saturday, April 1, 4 -
2017'No.7928)
By:
Laurie A.Hartmann
Subscribed and sworn before me on
this day of , ;` .F,,, 2017
'Y'(v',MEJEMNLTrE BARK
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I4C�YARY PLBUC M'NNESOTA
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RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch
Maximum rate allowed by law for the above matter.................................$31.20 per column inch
Rate actually charged for the above matter.............................................. $12.59 per column inch
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