CITY OF EAGAN RIGHT-OF-WAY MANAGEMENT PROGRAM PUBLIC WORKS DEPARTMENT AUGUST, 2000
TABLE OF CONTENTS Purpose...2 Goal...2 Objectives...2 Background...3 Development of Model Right-of-Way Ordinance...3 Development of City of Eagan Right-of-Way Ordinance...4 Summary...5 ROW General Conditions...5 Safety...5 Operations...6 Special Provisions/Specifications...9 Page 1
PURPOSE The purpose of a formal Right-Of-Way Management Program (ROWMP) is to establish and maintain uniform definitions and policy/procedures for the management of the City s public Rights-of-Way. GOAL The Goal of this will be to continuously maintain the City s Rights-of-Ways in a safe and fiscally responsible manner. To do so, the Public Works Department will permit all right-of-way users, monitor construction and maintenance operations protecting the City s current and future interests and infrastructure existing in City Rights-of-Ways. OBJECTIVES There are several objectives that the Public Works Department will achieve with the adoption and implementation of this. They are listed as follows: 1. Establish and maintain uniform definitions and regulations. The City has a responsibility to assure that the rush to join the information superhighway does not come at the expense of the physical infrastructure related to City rights-of-way. A concise set of regulations has been developed to help ROW operators/facility owners better understand responsibilities and operational expectations. 2. Establish better control processes for permitting and ROW field operations. Clear expectations have been put forth through policy formation providing appropriate registration including important user/facility owner information and processes procedures for better monitoring of field ROW operations. 3. Create and maintain an accurate inventory of facilties/utilities in City s rights-of-ways. An up to date inventory of public/private facilities/infrastructure within the City s rights-of-ways is important for several engineering/planning functions. Also, contractors who build local public projects depend upon ROW mapping for estimating costs of improvements. Page 2
BACKGROUND Local governments have long provided public rights-of-way largely for public transportation. Over time, these rights-of-way also became logical locations for a number of utilities. Because these utilities were generally considered to be in the public interest and many of them, over time, became regulated monopolies, they were permitted to occupy the public right-of-way along with public utilities such as sewer, water and storm sewer facilities. Most of the facilities within the public rights-of-way have also been subject to franchises which permit local governments to set reasonable standards concerning the location of equipment, restoration of damage, responsibilities of parties in the event of construction or rehabilitation and other construction standards. The primary exception to local franchise regulations has been in the area of telephone service. The deregulation of the telecommunication s industry in 1996 introduced a substantial number of additional service providers wanting to occupy the rights-of-way. At least some of these firms will be telephone companies with the historic exemption from franchise regulations. Others will be broader telecommunication firms and may be in a gray area with respect to franchising. At the same time, the deregulation of the electric and gas utility industries introduces the probability of overbuilding of redundant, competitive utility systems. The City of Eagan has received requests for redundant systems to service new developments in our community. While such utilities remain subject to franchise regulations, it will be important that the same rules with respect to the use of the rights-of-way apply to all users. The City of Eagan is different from the core metropolitan cities and older first ring suburbs in that it tends to have wider rights-of-way and less need for utility providers to excavate streets and sidewalks for utility installations. However, public rights-of-way are inherently limited in their capacity to accommodate large numbers of utility facilities. As our City continues to grow, the increased number of users wanting to be in the rightsof-way will conflict with one another and with the maintenance of public utilities. In deregulating the telecommunication industry, Congress specifically recognized the need for and authority of local governments to manage public rights-of-way in the public interest. The question around the country has been how best to do this without creating unreasonable barriers to users of the rights-of-way. Page 3
DEVELOPMENT OF A MODEL ROW ORDINANCE The Minnesota Public Utilities Commission (MPUC), the League of MN Cities (LMC), and the City Engineers Association of Minnesota (CEAM) collaboratively addressed the fundamental issues and challenges associated with right-of-way management in 1997-1999. Utility vs. Local Regulation cases have been forwarded through the court system with Courts offering rulings recognizing the need for a uniform set of standards for local regulation. Several metropolitan communities, including St. Paul, Minneapolis, Bloomington, Fridley, and Roseville, have adopted new Right-of-Way Management Ordinances and Programs based upon recommendations and proceedings from these groups. Representatives from utilities and communication companies voiced concerns that local regulations not result in a patchwork of local requirements varying from city to city around the state of Minnesota. The LMC/CEAM Model Ordinance has provided the basis for standardization within parameters developed with input from all stakeholders. DEVELOPMENT OF THE CITY OF EAGAN S RIGHT-OF-WAY ORDINANCES To provide for the health, safety and well being of our citizens and to insure the structural integrity of our assets, the City needs to keep rights-of-way in good repair and free of unnecessary encumbrances. Our City ordinances relating to right-of-way standards and practices prior to the approval of this program were limited in their scope and no longer adequately met the City s current or future needs. The Eagan City Council adopted new Right-of-Way Management Ordinances effective August, 2000. These ordinances were developed with assistance from the City attorney s office using the LMC/CEAM Model Ordinance and policies/programs currently in place in other metropolitan communities. All City Departments provided input/feedback during the ordinance development process. The City also provided several interactive opportunities for right-of-way facility owners and operators to provide input/comments, incorporating many of the suggested changes into the final ordinance. Enacting this ordinance allows the City to enter into the future with construction standards in place, and the responsibilities of all parties more clearly defined. The ordinance and regulations included in this program appropriately address the health, safety and welfare of the community including information such as permit requirements, mapping and reporting obligations, standards for location and installation of equipment and lines, relocation of equipment, removal of abandoned equipment, right-of-way restoration, other obligations and remedies, and recovery of costs. The new Right-of-Way Ordinances are applicable to all users of the rights-of-way including telecommunications providers and private utilities. While private utilities may Page 4
also be regulated by local franchises, it is in the City s best interest to have the same standards with respect to right-of-way usage addressed in the ordinance to insure a level playing field. Our goal is to coordinate the implementation of the and Right-of-Way Ordinances followed by an extensive review/analysis of existing franchises with individual utilities. SUMMARY The City of Eagan s Public Works Department has always been a leader in the public works profession in the Twin Cities metropolitan area. Following the bestrecommended and documented administrative, engineering and maintenance strategies, new methods, materials and technologies are constantly being researched, experimented with and implemented by a very professional and dedicated staff. Eagan Public Works operations and administrative policies/procedures are among the most progressive in the industry today. Several instructional videos have been produced and distributed showcasing Eagan s methods and techniques. Numerous departmental employees have given presentations, conducted training sessions, and provided classroom instruction to other agencies and individuals. We firmly believe that the s overall goals, objectives and related strategies presented herein will provide excellent monitoring and management of the community right-of-ways. Respectfully submitted, Thomas A. Colbert, P.E. Russ Matthys Tom Struve Director of Public Works City Engineer. Public Works Coordinator RIGHT OF WAY GENERAL CONDITIONS SAFETY 1. Traffic shall be allowed to pass and to be protected at all times. If it is not possible to allow traffic to pass, a detour must be pre-approved by the Department of Public Works. Notification must be in writing 3 working days prior to commencement. Page 5
2. Traffic control devices shall be in accordance with MMUTCD Field Manual (1995). When a sidewalk/trail or roadway/driveway has been cut, appropriate signage must be kept in place and maintained until restoration is complete. 3. Excavations must be shored or sheeted, as required by O.S.H.A., when necessary to prevent under-mining of roadways, trailways, utilities, or for safety reasons. Stock piling of excavated material shall not occur within the public-right-of-way without proper traffic control. 4. Guys or stays shall not be attached to trees on right-of-way or private property nor obstruct roadways, sidewalks, trails, driveways, etc., without written permission. 5. Flaggers and/or warning lights at night shall be furnished by the party or organization performing the work whenever the work being done creates a hazard either to the traffic using said road or the personnel engaged in the construction, or when directed to do so by the City. OPERATIONS 1. Permit on Job Permits or copies (including approved detour plans) shall be kept on the work site while it is in progress and in the custody of the individual in charge, and shall be exhibited upon request made by any City official. 2. Conditions of permit - No person may excavate or obstruct the public right-of-way after the date specified in the permit, unless the person obtains a new permit or permit extension before the expiration of the original permit. The permit is valid only for the area of the public right-of-way specified in the permit; no permittee shall do any work outside the area specified in the permit, except as noted herein. 3. If the obstruction or excavation of the public right-of-way begins later or ends sooner than the dates specified in the permit, the permittee shall promptly notify the City s Engineering Department. 4. When possible, the permittee shall coordinate project work and installation of facilities in co-locations with other public right-of-way users. 5. The permittee shall locate property lines abutting public right-of-ways and replace any destroyed property corners with the services of a Minnesota-licensed surveyor. 6. Execution The permittee shall use diligence in the execution of the work authorized under this permit in order not to endanger the public or unnecessarily obstruct travel along any road or right-of-way. Operations shall be so conducted as to permit safe and free travel over the roads and trailways at all times within the limits of the work herein prescribed. All safety measures for the free movement of Page 6
traffic shall be provided by the permittee at the permittees expense. The permittee shall notify abutting property owners prior to commencement of any project work that may disrupt the use of and access to the abutting property. 7. Conformity to Laws The installation shall be made in conformity with all applicable laws, regulations, and codes covering said installations. All installations shall be made in conformity with regulations of governmental agencies for the protection of the public. a. The applicant shall furnish a bond or financial guarantee in the amount and type to be determined by the City that is required to ensure adequate and timely completion of repair. This bond or financial guarantee shall remain in effect for 2 years (twelve (12) months for turf establishment) subsequent to completion of street repair to protect the City from defects in material, workmanship or noncompliance with City standards or specifications. b. File with the City a liability insurance policy or certificate of such insurance issued by an insurance company authorized to do business in the State. The policy shall insure the person performing acts described in this section and the City, listed as an additional insured, in the sum of at least $1,000,000 for injury to one person, and $1,000,000 for one accident, and at least $1,000,000 property damage or in such other amounts as the Council shall determine. The policy shall be kept in effect until the termination of a permit granted pursuant to this section. c. Except for the negligent acts of the City, its agents and its employees, the permittee shall assume all liability for, and save the City, its agents and its employees, harmless and defend same at its sole cost and expense from any and all claims for damages, actions or causes of action arising out of the work to be done herein and the continuing uses by the permittee, including but not limited to the placing, constructing, and reconstructing, maintaining, protecting and use of said facility under this application and permit for construction. 8. Existing Facilities The utility facility and installations shall not interfere with any existing utility facility on the City s right-of-way or easements. It is the responsibility of the applicant to call for timely, necessary locations of existing utilities. (Gopher State One Call 651-454-0002.) 9. Private Property The work permit or permit for construction as issued does not in any way imply an easement or right to enter private property. Page 7
10. Quality of Work Finished surface, base and sub-base of all disturbed surfaces upon completion of work shall be at least equal to or better than current City specs for similar construction. New surfaces must match existing roads or trailways. Roadway and trailway/sidewalk surfaces shall be finished within 48 hours upon completion of backfill. 11. Cutting Trees The permission herein granted does not confer upon the permittee the right to cut, remove, or destroy trees or shrubbery within the legal limits of the right-of-way or easements that are not specifically identified on the plan attached to this permit or relieve permittee from obtaining any consent otherwise required from the owner of the property adjacent thereto. The permittee shall protect the root growth of significant trees and shrubbery within the public right-of-way adjacent thereto. 12. Drainage All waterways and overland drainage shall remain operative. Proper erosion control shall be established and maintained throughout the construction and restoration. 13. Pole anchors Pole anchors, anchors, braces or other construction may be permitted within right-of-way or easements and must be approved on a case-bycase basis. 14. Driving Limitations: a. Driving or parking on City trails or sidewalks shall only be permitted for those operations requiring direct access to the boulevard area where adequate shoulder width is not available. Vehicles within the right-of-way area shall utilize their warning flashers at all times. b. Vehicles driving on trails or sidewalks shall not operate in excess of 5 miles per hour. Vehicles shall operate at slower speeds when weather conditions, trail conditions, poor visibility, obstructed sightlines or other conditions require special precautions to ensure the safety of trail users and the general public. c. Vehicles shall not be parked on trails or sidewalks in such a manner as to unnecessarily impede the safe and efficient use of trailways by the general public. 15. Vehicles or equipment traversing roads or trailway surfaces shall not utilize studded or chained tires, caterpillar traction, or any other form of traction that will result in damage to the surface. Page 8
16. Clean-Up Streets and trailways shall be cleaned at the end of each workday and affected right-of-way shall be cleaned after construction is completed and left in a neat and presentable condition. Any sediment or debris from improvement shall be removed from sanitary or storm sewer systems, including drainage swales and ponds, as needed. 17. Trees and Vegetation Burning or discing operations and/or the use of chemicals to control or destroy trees, brush and other vegetation are prohibited without prior approval from the City. 18. Replacement of Sod Wherever topsoil and sod are disturbed, they shall be replaced and maintained satisfactorily until the turf is established. Any turf that fails to be established shall be replaced and satisfactorily re-established. Restoration of boulevards shall include a minimum of 4 of topsoil. SPECIAL PROVISIONS /SPECIFICATIONS These general provisions, specifications and City of Eagan Standard Plate #360 shall be considered as forming an integral part of each and every permit issued for operations within Eagan. Installation, placement, location, and relocation of equipment and facilities shall comply with all federal, state, and local laws. The work authorized by this permit shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the City. If at any time it shall be found by the City that the work is not being or has not been properly performed, the permittee, upon being notified by the City, shall immediately take the necessary steps, at his own expense, to place the work in condition to conform to said requirements or standards. The location and installation of telecommunications facilities shall comply with the National Electric Safety Code, as incorporated by reference in Minnesota. A. Public right-of-way alignment and grade shall be maintained, unless otherwise authorized by the City. B. Unless otherwise approved by the City, fiber facilities shall be buried in a proper conduit and at a depth of no less than three (3) feet deep and no more than four (4) feet; copper facilities below concrete or bituminous paved roadway surfaces shall be buried no less than three (3) feet deep and no more than four (4) feet deep, and all other copper facilities shall be buried no less than thirty (30) inches deep and no more than four (4) feet deep. C. All underground facilities which cross streets or hard surfaced driveways shall be bored and installed in conduit when requested by the City. Natural Gas lines do not need to be installed in conduit. Page 9
D. When utilizing trenchless installation methods to cross an area in which a City utility is located or when directed by the City, the permittee shall excavate an observation hole over the City utility to ensure that the City utility is not damaged. E. If the project work involves open cut, the permittee shall install visual tracers at twelve (12) inches over buried facilities. If other construction methods are used, substitute location methods may be used upon approval by the City. F. During plowing or trenching of facilities, a warning tape shall be placed at a depth of twelve (12) inches above copper cables with over two hundred (200) pairs and all fiber facilities. A locating wire or conductive shield shall be installed above buried telecommunication facilities, except for di-electric cables. G. Restoration of areas disturbed by facilities will include returning the right-of-way to the same condition that existed before excavation The right-of-way user is responsible for all of its work done in the public right-of-way, whether by employees, agents, or independent contractors. All levels of restoration include compaction of the materials in lifts placed in the excavation of the sub-grade and aggregate base, plus pavement replacement, in kind. Compacted backfill shall be brought to bottom of the gravel of the approved street section. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. Compaction testing may be required as determined by the City. Restoration of boulevards shall include a minimum or 4 of topsoil and sod. H. All facilities shall be located so as to not interfere with existing & potential future traffic signals and signs. I. All above ground appurtenances shall be located no closer than ten (10) feet to City the City, and shall not be installed in front of or within visual sight lines of any City signs, monuments or amenities for facilities or parks. Minimum offsets from sidewalks and trails shall be 2 feet unless approved by the City. J. Underground facilities shall not be installed between a hydrant and an auxiliary valve. K. Underground facilities shall not be installed within five (5) feet of hydrants, waterline valves, lift stations, manholes or catch basins where utility easements exist beyond the roadway surface area of the public right-of-way and space is available therein. In those areas in which no utility easement exists, placement of an underground facility shall be between the edge of pavement and no closer than three (3) feet to an existing City utility appurtenance, unless approved by the City. Page 10
ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY" BY AMENDING SECTIONS 7.05 & 7.06 REGARDING REGULATION OF PUBLIC RIGHT-OF- WAYS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Seven is hereby amended by adding a new Subd. 1 of Section 7.05 and renumbering the remaining subdivisions accordingly, to read as follows: Sec. 7.05. Obstructions in streets. Subd. 1. Application and scope. This Section shall not apply to obstructions within public rights-of-way by a person or entity owning or controlling a utility service facility therein, which is regulated elsewhere in this Chapter. * * * * Section 2. Eagan City Code Chapter Seven is hereby amended by deleting Section 7.06 in its entirety and replacing Section 7.06 to read as follows: Sec. 7.06. Public right-of-way regulations. Subd. 1. Application and scope. This Section shall apply exclusively to excavations and obstructions within public rights-of-way by any person who owns or controls, or intends to own or control, any utility service facility therein. All other excavations or obstructions are regulated elsewhere in this Code. Subd. 2. Definitions. The following words, terms and phrases, as used herein, shall have the following meanings: Abandoned facility means: (1) a facility no longer in service or physically disconnected from any other facility that is in use or still carries service; and that is deemed abandoned by the owner of the facility. Applicant means any public right-of-way user required to obtain a permit under this Section. City means City of Eagan, Minnesota. City management costs means the actual costs incurred by the City for public rights-of- Page 11
way management, including, but not limited to, costs incurred in connection with the registration process, the excavation or obstruction permit process, the inspection of project work and restoration and enforcement and correction of non-complying project work, mapping of public right-of-way users and maintenance and regulation of public right-of-ways occupied by public right-of-way users. Degradation means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such rightof-way earlier than would be required if the excavation or disturbance did not occur. Degradation Cost subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. Degradation Fee means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Director means the City of Eagan Director of Public Works and his/her designee. Emergency means a condition that (1) immediately endangers the life or safety of persons; (2) cause an immediate threat of significant loss or injury to property; or (3) requires immediate repair or replacement in order to restore service to customers. Equipment means any thing tangible used to install, repair or maintain facilities in any public right-of-way. Excavate or excavation means to dig into or in any way remove or physically disturb or penetrate any public right-of-way ground surface, or any portion thereof. Excavation permit means a permit which is issued by the City authorizing the permittee to excavate in a public right-of-way as specifically described in the permit. Facility or facilities means anything tangible, including equipment, which is required to provide utility services. Hole means an excavation having a length that is equal to or less than the width of the public right-of-way for the section of the roadway where the work is occurring. Local representative means a person or designee of such person authorized by a public right-of-way user to accept service and to act and make decisions regarding matters within the scope of this Section on behalf of the public right-of-way user. Page 12
Obstruct or obstruction means to place or the placement of any object in a public right-of-way, or to remove or the removal of an existing structure, or any portion thereof, from a public right-of-way, for an aggregate period of eight (8) hours or more. Obstruction permit means a permit which is issued by the City authorizing the permittee to obstruct a public right-of-way as specifically described in the permit. Patch or patching means a method of roadway surface replacement or restoration that consists of: (1) the compaction of the sub-base and aggregate base; and (2) the replacement, in kind, of the existing roadway surface for a minimum of two (2) feet beyond the edges of the excavation in all directions. Permittee means a person to whom a excavation or obstruction permit has been issued by the City under this Section. Person means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Project or project work means any activity, including construction, reconstruction, installation, maintenance, relocation, or replacement of any facility or a public right-of-way in which the facility is located and restoration of the public right-of-way that is regulated under this Section. Public right-of-way or public rights-of-way means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated or otherwise conveyed to the City for general public use, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining utility service facilities No reference herein to a "public right-of-way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining utility service facilities. Public right-of-way user means any person or entity which owns or controls a facility that is located, or is sought or intended to be located, in a public right-of-way including persons who have installation and maintenance responsibilities by contract, lease, sublease or assignment. Restore or restoration means the process, including patching, by which a public right-ofway and surrounding area, including pavement and foundation, is returned to the same condition that existed before any project work. Restoration cost means the amount of money paid to the City by a permittee to meet restoration requirements in accordance with plates 1 to 13 of the PUC rules. Page 13
Trench means an excavation in the roadway surface having a length that is equal to or in excess of the width of the roadway or sections of roadway where the work is occurring. Utility service means services provided by: (1) a public utility as defined in Minnesota Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy, or power services; (3) a corporation organized for the purposes set forth in Minnesota Statutes; (4) a district heating or cooling system; or (5) a cable communication systems as defined in Minnesota Statutes. Subd. 3. Franchises. The City may, in addition to the requirements of this Section, require any public utility or cable operator who has or seeks to have facilities or equipment located in any public right-of-way to obtain a franchise. Subd. 4. Registration requirement. A.. Registration. As of the effective date of this Section, any public right-of-way user, which owns or controls a facility within any public right-of-way, or any portion thereof, shall register with the City. Registration shall be deemed completed upon the public right-of-way user submitting to the City a completed registration form furnished by the City and paying the registration fee. A right-of-way user is required to update its registration within 60 days of any change of the information contained in a current registration statement. B. Transfer of ownership or interest. Whenever any public right-of-way user transfers, sells, assigns or otherwise conveys ownership or interest in facilities or equipment to another person, the registered public right-of-way user shall notify the City of the date of the conveyance and the name of the transferee within thirty (30) days of the conveyance. Subd. 5. Permit requirement. A. Permit required. Except as otherwise provided in this Code, no person or public right-of-way user may obstruct or excavate any public right-of-way without first having obtained the appropriate permit from the City unless another reporting process is approved by the Director or his/her designee. An excavation permit is required for any excavation. An obstruction permit is required for any obstruction in connection with the installation, relocation, operation or maintenance of a utility service. Any public right-of-way user, which owns or controls a facility within any public right-of-way, or any portion thereof, on the effective date of this Section, that subsequently excavates or otherwise obstructs any public right-of-way, or any portion thereof, shall first obtain a permit therefor as required under this Section. Page 14
B. Permit applications. 1. An application for a permit shall be on a form furnished by the City and completed and submitted to the City with the following information: a. The applicant s name; Gopher One-Call registration certificate number; address; e-mail address; telephone number; and facsimile number. b. The local representative's name; address; e-mail address; telephone number; facsimile number; and current information regarding how to contact the local representative in an emergency. c. The name, address and telephone number of the person(s) or entities, other than the applicant, to perform the project work or any portion thereof. d. A certificate of insurance or self-insurance verifying the coverage as required in this Section. e. All mapping data and information in form and substance as required in this Section, except a registrant who is not applying for an excavation or obstruction permit need not provide this information. f. A detailed description and drawing to a scale as required by the City of the proposed project and project work, including identification of the obstructions to be placed, the size and depth of any excavation, the schedule for commencement and completion of the proposed project, and the location and size of any trees impacted in the designated work area. C. Issuance of permit. The City may deny a permit for the following reasons; 1. The applicant failed to fully comply with the application requirements herein. 2. The City has initiated revocation of a prior permit issued under this Section against the applicant. 3. The applicant has violated within the past two (2) years any requirements of this Section. 4. The time schedule for the project will conflict or interfere with a community exhibition, celebration, festival or any other similar community event in the area of the project. Page 15
5. The time schedule for the project conflicts with scheduled public improvement of the public right-of-way. 6. The proposed project violates a provision of this Code. 7. The proposed project is adverse to the public health, safety and welfare, by interfering with the safety and convenience of ordinary travel over the public right-of-way, or endangers the public right-of-way and its users based on one or more of the following factors: (a) (b) (c) (d) (e) (f) (g) The extent of public right-of-way area available; The competing demands for the particular proposed area space in the public right-of-way; The availability of other locations in the public right-of-way or in other public rights-of-way for the facility(s) or equipment of the permit applicant; The applicability of an ordinance or other regulation that affect the location of a facility or equipment in the public right-of-way; The applicant's prior compliance with the terms and conditions of its franchise, this Section and other applicable ordinances and regulations; The condition and age of the public right-of-way and the City's scheduled reconstruction thereof; and The costs of disruption to the public and damage to the public right-of-way balanced against any benefits to the public served by an expansion into additional parts of the public right-of-way for facilities or equipment. Subd. 6. Conditions of permit and registration. All permits issued and all registrations made under this Section shall be subject to the following requirements: A. All permits issued under this Section or a copy of the permit shall be conspicuously displayed or otherwise available at all times at the indicated project work site and shall be available for inspection immediately upon request by the Director or his/her designee. B. If the obstruction or excavation of the public right-of-way begins later or ends sooner than the dates specified in the permit, the permittee shall promptly notify the Director. Page 16
C. Installation, placement, location, and relocation of equipment and facilities shall comply with all federal, state and local laws. D. Public right-of-way restoration shall be in accordance with the restoration regulations set forth in this Section. E. Installation of all underground utilities shall be in accordance with the underground utilities regulations set forth in this Section and all other applicable federal, state and local laws. F. Precautions shall be taken as are necessary to avoid creating unsafe or unsanitary conditions and a permittee shall not obstruct a public right-of-way, except as expressly authorized by the permit, so as to hinder the natural free and clear passage of water through the gutters or other waterways. Personal vehicles of those doing work in the Right-of-Way may not be parked within or next to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. G. Project operations and work shall be conducted in a manner so as to insure the least obstruction to and interference with present and continued use of the public right-of-way. H. Precautions shall be taken to assure the safety of the general public, employees, invitees and those who require access to abutting property, including appropriate signage. I. The permittee shall notify abutting property owners with a 48-hour written notice prior to commencement of any project work that may disrupt the use of and access to the abutting property. J. The permittee involved in underground projects shall register with Gopher State One Call and comply with the requirements thereof. K. The permittee shall comply with the Uniform Traffic Manual for Traffic Control at all times during any project work and shall protect and identify excavations and work operations with barricade flags in the daylight hours and by warning lights at dusk and night. L. The permittee shall comply with all conditions of the permit. Page 17
M. When any trail or drive has been cut, the appropriate signage must be kept in place and maintained until restoration is complete. N. The permittee shall provide proper trench protection as required by O.S.H.A. to prevent any cave-in; injury to property or persons; or enlargement of the excavation. O. Excavations, trenches and jacking pits off the roadway surface area or adjacent to the roadway or curbing shall be sheathed and braced. When unattended, all excavations, trenches and jacking pits shall be protected to prevent surface drainage. P. The permittee shall protect the root growth of significant trees and shrubbery located within the public right-of-way and adjacent thereto. Q. The permittee shall coordinate project work and installation of facilities in colocations involving other public right-of-way users. R. The permittee shall maintain access to all properties and cross streets during project work, including emergency vehicle access. S. The permittee shall physically locate property lines abutting the project work. The permittee shall replace, with the services of a Minnesota-licensed surveyor, any property corners or monuments disturbed as a result of the project. T. The permittee shall complete restoration of the public right-of-way in conformance with this Section. U. No permittee, or any agent, subcontractor or employee thereof, shall use lugs (steel tracks) on any roadway surfaces. V. The permittee shall remove daily all dirt or debris from sidewalks, trails, public and private roadway surfaces and curbs and gutters during project work. W. The permittee shall obtain all other necessary permits, licenses and approvals, pay all required fees therefor and comply with all requirements of local, state and federal laws. X. The permittee shall not do any work outside the project area as specified in the permit. Subd. 7. County or state right-of-ways. Any public right-of-way user who is required to obtain any county or state permit for excavation or obstruction in any Page 18
Dakota County or Minnesota Department of Transportation right-of-way must provide notification of permitting to the City within one week of obtaining the permit but no less than 48 hours before the excavation would begin. Subd. 8. Installation of underground facilities within public right-of-ways. The permittee shall comply with the following requirements when installing underground facilities: A. Underground facilities shall, where reasonably possible, be installed outside the paved or surface area. If unable to install outside the surfaced area, the installation shall be as close to the edge of the roadway surface as possible to allow access thereto without unnecessarily disturbing paved areas of the roadway; B. Public right-of-way alignment and grade shall be maintained; C. Fiber facilities shall be buried in a proper conduit and at a depth of no less than three (3) feet deep and no more than four (4) feet; copper facilities below concrete or bituminous paved roadway surfaces shall be buried no less than three (3) feet deep and no more than four (4) feet deep, and all other copper facilities shall be buried no less than thirty (30) inches deep and no more than four (4) feet deep; D. All underground facilities which cross streets or hard surfaced driveways shall be bored and installed in conduit when requested by the City. Gas does not need to be installed in conduit. E. When required, the permittee shall excavate an observation hole over a City utility to ensure that a City utility is not damaged; F. If the project work involves an open cut, the permittee shall install visual tracers twelve (12) inches over buried facilities. If other construction methods are used, substitute location methods may be used upon approval by the City; G. During plowing or trenching of facilities, a warning tape shall be placed at a depth of twelve (12) inches above copper cables with over two hundred (200) pairs and fiber facilities and a locating wire or conductive shield shall be installed above buried telecommunication facilities, except for di-electric cables. H. Restoration of areas disturbed by facilities will include returning the right-of-way to the same condition that existed before excavation as per MN Rules 7819.1100 Subject to this standard, plates 1 to 13, shown in parts 7819.9900 to 7819.9950, indicate maximum limits of restoration methods and area requirements the local government unit can impose when a right-of-way user excavates in the public right-of-way. The local government unit and right-of-way user may agree to a lesser requirement. The right-of-way user is responsible for all of its work done in Page 19
the public right-of-way, whether by employees, agents, or independent contractors. All levels of restoration include compaction of the materials placed in the excavation of the sub-grade and aggregate base, plus pavement replacement, in kind. If required by the local government unit, all work must be performed according to the local government unit's specifications and drawings. I. All facilities shall be located so as to not interfere with existing and potential future traffic signals and signs; J. Unless approved by the City, all above ground appurtenances shall be located no closer than ten (10) feet to City hydrants, waterline valves, manholes, lift stations, catch basins; not in front of or within visual sight lines of any City sign, monument or amenity for facilities or parks; and no closer than two (2) feet from sidewalks and trails; K. Underground facilities shall not be installed between a hydrant and an auxiliary valve; L. Where utility easements exist beyond the roadway surface area of the public right-of-way and space is available therein, underground facilities shall not be installed within five (5) feet of hydrants, waterline valves, lift stations, manholes or catch basins. In those areas in which no utility easement exists, placement of an underground facility shall be between the edge of pavement and no closer than three (3) feet to an existing City utility appurtenance, unless approved by the City. M. The location and installation of telecommunications facilities shall comply with the National Electric Safety Code, as incorporated by reference in Minnesota Statutes. Subd. 9. Supplement permit or permit extension. A. Limitation on area. No permittee shall obstruct or excavate an area greater than that specified in the permit without first obtaining a new permit or permit extension therefor by the City. B. Limitation on dates. No permittee shall begin its work before the permit start date or, except as provided herein, continue working after the completion date. Subd. 10. Revocation of permits.. A. Grounds for revocation. The City may revoke a permit issued hereunder on the following grounds: Page 20
1. A material provision or condition of the permit or City Code was substantially breached. 2. A material misrepresentation in the application for a permit. 3. The permittee failed to maintain the required bonds or other security and insurance. 4. The permittee failed to complete the project work within the time specified in the permit unless the failure to complete work is due to reasons beyond the permittee s control. 5. The permittee failed in a timely manner to correct work that does not conform to applicable standards, conditions, federal, state or local laws. 6. An evasion or attempt to evade any material provision of the public rightof-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City. B. Notice of revocation. If the Director determines that grounds for revocation exists, the Director shall provide written notice to the permittee. If the permittee's violation is related to non-complying project work, the Director shall notify the permittee of the actions necessary to remedy such violation within a reasonable period of time or be subject to potential revocation of the permit. The Director may impose additional or revised conditions on the permit to mitigate or remedy the violation. C. Right to hearing by City Council. In the event that the permittee fails to remedy the violation for which the Director gave the permittee notice, a revocation of permit hearing shall be held before the City Council at the immediately next City Council meeting. The purpose for the hearing shall be to determine whether any of the grounds for revocation as set forth herein exist against the permittee. No suspension or revocation shall take effect, until the permittee has been afforded a hearing as provided in this subparagraph. Such hearing shall be set by the City Council upon written notice to the permittee served by U.S. Mail not less than fifteen (15) days prior to the hearing date, specifically stating the date, time and purpose thereof. D. Revocation costs. If a permit is revoked, the permittee shall reimburse the City for its reasonable costs (including restoration costs) incurred in connection with the revocation. Subd. 11. Permit fees. All permit fees shall be submitted to the City with the application. Permit fees shall be set to recover the City management costs and, where applicable, restoration costs. The application fees shall be established by City Council resolution. No application fee shall be refundable. No Page 21
application fees shall be required for any obstruction or excavation permit issued to the City, although the City shall be allocated its full portion of the City management costs in calculating the Permit fees. Except where an extension permit has been granted, the permittee shall, as a delay penalty, be required to obtain a new permit and pay the associated fee for failure to complete the project work under the initial permit within the required time period. Applicants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. There shall be a single permit and permit fee for joint excavation and obstruction permit applications. Applicants must agree among themselves as to the portion each will pay and indicate the same on the application. Subd. 12. Public right-of-way restoration. A. Timing. All project work under a permit shall be completed within the dates specified in the permit, unless the project work could not be completed due to circumstances beyond permittee's control, including seasonal weather prohibitions or inclement weather. B. Restoration costs. The permittee shall restore the public right-of-way and assume all costs therefor unless otherwise agreed upon. The right-of-way user shall remain responsible for replacing and compacting the sub-grade and aggregate base material in the excavation. The City, at its option, may choose to perform it s own restoration including any paving. If the City performs the restoration pursuant to this paragraph, the permittee shall pay to the City all costs thereof within thirty (30) days of billing. If following such restoration, the roadway surface, boulevard, sidewalk, curb or related infrastructure settles due to permittee's improper back-filling; the permittee shall, at its option either correct the defect or pay to the City all costs associated with correcting the defective work within thirty (30) days of billing. If the permittee restores the public rightof-way, the City may require, and the permittee shall provide at the time of application for the permit, a City specified type of security, in accordance with PUC rules, to cover the cost of repair and restoration. If within twenty-four (24) months after completion of restoration of the right-of-way, the Director determines the right-of-way has been properly restored, the posted security will be released. C. Standards. All restoration shall be in accordance with the standards and materials specified by the City. The City shall establish written procedures and standards for public right-of-way restoration, which shall comply with PUC standards. Subject to PUC rules, the City shall have the authority to prescribe additional restoration procedures and standards on a case by case basis based on the following considerations: 1. The number, size, depth and duration of the excavation, disruption or damage to the public right-of-way; 2. The traffic volume carried by the public right-of-way; Page 22