AN ORDINANCE TO ADMINISTER AND REGULATE THE PUBLIC RIGHT-OF-WAY IN THE PUBLIC INTEREST AND PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS
THE COUNCIL OF THE CITY OF WABASSO ORDAINS:
Sec 241.01 Election to Manage the Public Right-of-Way.
In accordance with the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant to this chapter to manage rights-of-way within its jurisdiction.
Sect 241.02. Permit Requirement.
Subd. 1. Permit Required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of=-way without having first obtained the appropriate permit from the city.
- Excavation Permit. An excavation permit is required to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities therein.
- Obstruction Permit. An obstruction permit is required to hinder free and open passage over the specified portion of the right-of-way by placing equipment described therein on ht eright-of way, to the extent and for the period specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project.
Subd. 2. Permit Extension. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person (i) makes a supplementary application for another permit before the expiration of the initial permit, and (ii) a new permit or extension has been granted.
Subd. 3. Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp.3, and notwithstanding subd. 2 of this section, the city shall establish and impose a daily penalty for unreasonable delays in the right-of-way excavation, obstruction, patching or restoration.
Subd. 4. Permit Display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city.
Sec.241.04 Permit Applications. Applications for a permit shall contain, and will be considered complete only upon compliance with the requirements of the following provisions:
- Submission of a completed application form, including all the required attachments, scaled drawings showing the location and area of proposed project and the location of all known existing or proposed facilities, and the following information:
- Each permittees name, Gopher One Call registration Certificate number, address and e-mail address if applicable, and telephone and facsimile numbers.
- The name address and e-mail address if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee should be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration.
- A certificate of insurance or self-insurance,
- Verifying that a policy has been issued to the permittee by an insurance company licensed to do business in the State of Minnesota or a form of self- insurance acceptable to the city;
- Verifying that the permittee is insured against claims for personal injury, including death, as well as claims for property damage arising out of (i) use and occupancy of the right-of-way by the permittee, its officers, agents employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the permittee, its officers, agents, employees, and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property;
- Naming the city as an additional insured as to whom coverages required herein are in force and applicable and for whom defense will be provided to all such coverages;
- Requiring that the city be notified thirty (30) days in advance of the cancellation of the policy or material modification of the term;
- Indicating liability insurance for both personal and property damage in the amount of $1,000,000.00 for any number of claims arising out of each occurrence. The city shall be named as an additional insured and the permittee shall also provide a certificate of insurance verifying the existence of workers compensation insurance as well.
- The city may require a copy of the actual insurance policy or policies.
- If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State.
- A copy of the person’s order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency.
- Payment of money due the city for
- Prior Obstruction or excavation
- Any disputed loan, damage or expense suffered by the city because of the applicants prior excavation or obstruction of the rights-of-way or any emergency actions taken by the city;
- Franchise fees or other charges, if applicable.
Sec. 241.05 Issuance of permit: Conditions.
Subd. 1. Permit Issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit.
Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes, Section 216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560.
Subd. 3. Trenchless Excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes, Chapter 216D and Minnesota Rules Chapter 7650, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the city.
Sec 241.06 Right-of-Way Patching and Restoration.
Subd. 1. Timeline. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonable or unreasonable.
Subd. 2. Patch and Restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (a) City Restoration. If the city restores the right-of-way permittee shall pay the costs thereof within thirty (30) days of billing.