HomeMy WebLinkAbout[09a] Draft Ordinance Amendments
Council Agenda Item 9a
MEETING DATE: March 18, 2019
AGENDA ITEM: Draft Ordinance Amendments
SUBMITTED BY: Administration/Police Chief
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
BACKGROUND INFORMATION: While enforcing parking complaints/issues it has become
evident that the City parking Ordinance does not have specific information was to when vehicles
can be towed for parking (other than snow removal) and what type of vehicles can and cannot be
parking on the street. Chief Pfannenstein reviewed the area city’s Ordinances and a “best of”
Ordinance was created. At this time it is for discussion only and will be brought back to the
Council for adoption in April.
Staff has also drafted proposed Amendments to Ordinance 304 (Management of Right of Ways)
which is not subject to Planning Commission review. The City Engineering and Public Works
Departments have reviewed the proposed. Proposed amendments to the City Stormwater
Management Ordinance has been drafted to be consistent with the City’s Municipal Separate
Storm Sewer System (MS4) General Permit from the MN Pollution Control Agency (MPCA).
Staff reviewed guidance documents from the MPCA and ordinances of the area cities in drafting
the proposed amendments. City engineering, SEH staff also reviewed and provided guidance in
the drafting of the Stormwater Management Ordinance.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Draft General Parking Ordinance Amendment
Draft Management of Right of Ways Ordinance Amendment
REQUESTED COUNCIL ACTION: Discussion
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 804 GENERAL PARKING ORDINANCE................................................. 804-1
Section 804.01: INTENT ............................................................................................ 804-1
Section 804.02: DEFINITIONS .................................................................................. 804-1
Section 804.03: GENERAL PARKINGANGLE AND PARALLEL PARKING ......... 804-2
Section 804.04: GENERAL PARKING REGULATIONS 804-2
Section 804.0405: SPECIAL REGULATIONS IN CONGESTED DISTRICT ..........804-42
Section 804.0506: SNOW SEASON PARKING........................................................804-53
Section 804.06: OBSTRUCTION OF PRIVATE DRIVE ..........................................804-53
Section 804.07: PARKING OF SEMI TRAILERS, TRAILERS, TRUCKS AND TRUCK
TRACTORS .......................................................................................804-54
Section 804.08: OFF STREET PARKING.................................................................804-64
Section 804.0908: PARKING, LOCATION AND USE OF TRAILER HOUSES AND
MOBILE HOMES.......................................................................... 804-1211
Section 804.1009: PUBLIC PARK PARKING ...................................................... 804-1311
Section 804.1110: IMPOUNDMENT .................................................................... 804-1311
Section 804.1211: OWNER'S RESPONSIBILITY ................................................ 804-1412
Section 804.1312: REGISTERED OWNER .......................................................... 804-1412
Section 804.1413: SEPARABILITY...................................................................... 804-1412
Section 804.1514: PENALTY ............................................................................... 804-1412
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ORDINANCE 804 GENERAL PARKING ORDINANCE
Section 804.01: INTENT. The intent of this section of the zoning ordinance is to
establish standards for parking in the City of St. Joseph in order to ensure that the community
remains neat and attractive and that the value of real estate in the City be preserved. The
regulations provided herein shall apply equally to all districts except where provided otherwise.
Section 804.02: DEFINITIONS. Any term used in this Ordinance and defined in Minn.
Stat. 169.11 has the meaning given to it by that Section. Otherwise, all words and phrases used in
this Ordinance shall be defined in accordance with their common usage and meaning. As used in
this ordinance the following terms shall mean:
Subd. 1: Semi Trailer. Every vehicle without mode of power designed for carrying
persons or property and for being drawn by vehicle and so constructed that some part of its
weight and some part of its load rests upon or is carried by another vehicle.
Subd. 2: Trailer. Every vehicle without mode of power designed for carrying persons or
property and for being drawn by a motor vehicle and so constructed that no part of its weight
rests upon another towing vehicle.
Subd. 3: Truck. Every motor vehicle designed, used or maintained primarily for the
transportation of persons and/or property, and which has a gross vehicle weight of 12,000 lbs. or
more.
Subd. 4: Truck Tractor. Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than a part of the weight of the
vehicle and load so drawn.
Subd. 5: Street or Highway. The entire width between the boundary lines of any way or
place when any part thereof is open to the use of the public as a matter of right or purpose of
vehicular traffic.
Subd. 6: Residents District. All that territory defined as either single family or
residential or multiple residential districts in the zoning ordinance for the City of St. Joseph.
Subd. 7: Trailer Home and/or Mobile Home. Shall mean and include any structure used
for sleeping, living, business or storage purposes, which is or has been equipped with wheels for
the transportation thereof from place to place, and the fact that the wheels have been removed
therefrom or a foundation of whatever nature, placed thereunder shall not exclude it therefrom,
excepting a device used exclusively upon a railroad track operated by a railroad company.
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Subd. 8: Person. Shall include the singular and the plural, and shall mean and include
any individual, corporation, partnership, or other association of persons.
Subd. 9: Residential Area. Shall mean any area not zoned "industrial" and any area not
specifically designated as a "trailer park" or "mobile home park".
Subd. 10: Owner. A person owning a legal interest in a "trailer home" or "mobile
home," or a tenant, bailee, user or custodian thereof, or any person entitled to possession thereof.
Subd. 11: Trailer Park and/or Mobile Home Park. Shall mean a designated area
specially designed and constructed as a mobile home or a mobile trailer facility, licensed by the
State of Minnesota, and approved by the City of St. Joseph.
Subd. 12. Parking Space. A land area of not less than 180 square feet, exclusive of
driveways and aisles, of such shape and dimensions and so prepared as to be usable for the
parking of a motor vehicle, and so located as to be readily accessible to a public street or alley.
Surfaces of a “parking space” shall be constructed as set forth in Ordinance 804.08, Subd. 5(d).
Section 804.03: ANGLE AND PARALLEL PARKING. Angle parking shall be required
on such streets as shall be designated by appropriate resolution of the City Council. On any such
street, every vehicle parked shall park with the front of the vehicle facing the curb or edge of the
traveled portion of the street at an angle of approximately 45 degrees and shall face the curb
between the painted or other markings on the curb of the street indicating the parking space. All
such streets shall be marked by appropriate signs indicating that angle parking is required. On
all other streets, parallel parking shall be required according to state law heretofore adopted by
reference.
Section 804.0304: GENERAL PARKING REGULATIONS.
Subd. 1: Angle parking shall be required on such streets as shall be designated by
appropriate resolution of the City Council. On any such street, every vehicle parked shall park
with the front of the vehicle facing the curb or edge of the traveled portion of the street at an
angle of approximately 45 degrees and shall face the curb between the painted or other markings
on the curb of the street indicating the parking space. All such streets shall be marked by
appropriate signs indicating that angle parking is required. On all other streets, parallel parking
shall be required according to state law heretofore adopted by reference.
Subd 2: No vehicle shall in any case be parked upon the street, boulevard, or alley in any
one place for a longer continuous period of twenty-four (24) hours. Vehicles must be moved at
least one (1) block. Any vehicle which is moved less than one (1) block shall be deemed to have
remained stationary in violation of this subdivision. It is unlawful to remove any mark made by a
Police Officer for determining the length of time a vehicle, trailer or other object remained
parked.Subd. 1: Except when necessary to avoid conflict with other traffic or in compliance with
the directions of a police officer or a traffic control devise, no person shall stop, stand, or park
any vehicle, or permit it to stand or remain, whether attended or unattended, in any of the
following places:
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a) On any curb, crosswalk, or sidewalk;
b) Along any curb marked with yellow pain;
c) Within any intersection;
d) Within ten (10) feet of a fire hydrant;
e) Within twenty (20) feet of the entrance to a fire station;
f) Within any restricted parking zone designated by the City Council
g) Double parked;
h) Blocking a public or driveway or alleyway;
i) Blocking a private driveway or alleyway without the express or clearly implied
consent of the owner of the private driveway or private roadway
j) In excess of a designated time limit or contrary to a posted parking prohibition;
k) A street, boulevard, or alley facing in the opposite direction of the traffic flow;
l) Within (20) feet of a crosswalk at an intersection;
m) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or
traffic control signal located at the side of a roadway;
n) At any place where signs prohibit stopping;
o) No vehicle shall stand, stop, or otherwise park on the travel portion of any
roadway;
p) No vehicle shall stand, stop, or otherwise park on any public street, avenue, or
alleyway in one location more than 72 consecutive hours;
q) No vehicle shall stand, stop, or otherwise be parked on any public street or
roadway unless it is licensed;
r) No vehicle shall be parked in an area that is not designated a street or alley.
Specifically, no vehicle shall be parked on grass or other landscape material
located off of a street or alley
Subd. 2: No person shall park a vehicle on any street for the purpose of displaying it for
sale.
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Subd. 3: No person shall, for purposes of camping or related activities, leave or park a
trailer on any street or right-of-way.
Subd. 4: Any vehicle so parked or left standing in violation of the provisions of this
Ordinance may be removed by the City with the expense of such removal and any ensuing
expenses to be paid by the vehicle’s owner.
Subd. 3: No vehicle shall in any case be parked upon a street, boulevard, or alley facing
in the opposite direction of the traffic flow. All vehicles must be parked on the side of the street
that traffic flows.
Subd. 4. No vehicle shall park in an area that is not designated a street or alley.
Specifically, no vehicle shall be parked on grass or other landscape material located off of a
street or alley.
Section 804.0405: SPECIAL REGULATIONS IN CONGESTED DISTRICT.
Subd. 1: It is hereby established that the district known as a congested district within
which the rules set forth in this section shall be enforced. The congested district shall include the
following streets: All of Minnesota Street, all of Ash Street between Second Avenue West and
Second Avenue East, all of College Avenue lying southerly of County Road 75, all of First
Avenue East lying southerly of County Road 75, all of First Avenue West lying southerly of
County Road 75, all of Second Avenue West, all of Third Avenue West, and all of the alleys in
the Original Townsite of the City of St. Joseph.
Subd. 2: The City Council by resolution may establish "no truck parking" zones in the
congested district and shall mark by appropriate signs any zones so established. No person shall
park a commercial vehicle of more than one ton capacity on any street in any "no parking zone".
Parking of such vehicles for a period of not more than 30 minutes may be permitted in such zone
by the Chief of Police for the purpose of having access to abutting property when such access
cannot be conveniently secured from an alley or from a side street where truck parking is not
restricted.
Subd. 3: The City Council by resolution may designate certain blocks within the city as 5
minute, 30 minute, 1 hour, 2 hour, 8 hour and permit only limited parking zones and shall mark
by appropriate signs any zones so established. No person shall park any vehicle in any limited
parking zone between the hours of 8:00 a.m. and 9:00 p.m. of any weekday for a period longer
than specified on signs marking that zone, or without the appropriate permit for “permit only”
zones.
Subd. 4: Upon application and payment of any applicable permit fees, the City
Clerk/Administrator may issue a permit to park in permit only limited parking zones. All
information requested in an application form prepared by the Clerk/Administrator shall be
provided. Failure to provide information shall be considered grounds for denial of the permit.
No more than five permits shall be issued per parking space. Each permit shall be valid for a
period of one year from the date of issuance and shall be nontransferable. The City Council
may, by resolution, establish permit fees in accordance with Section 104.4.
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Section 804.0506: SNOW SEASON PARKING.
Subd. 1: There shall be no parking on any City street from November 1 to April 1,
during the hours of 2:00 o'clock A.M. and 7:00 o'clock A.M.
Subd. 2: Any vehicles parked in violation of Section 804.03 Subd 1, which interfere with
the plowing or removal of snow, are subject to immediate towing at the owner's expense.
Section 804.05 amended 4/08
Section 804.06: OBSTRUCTION OF PRIVATE DRIVE.
Subd. 1: No vehicle shall be parked in a manner obstructing a private driveway or
private roadway, or on a private driveway or private roadway, without the express or clearly
implied consent of the owner of the private driveway or private roadway.
Subd. 2: For purposes of this Ordinance, a vehicle is "obstructing" a driveway or
roadway if the location of the parked vehicle:
a) Blocks the driveway or roadway from use by other vehicles.
b) Significantly hinders or slows other vehicles attempting to pass the parked
vehicle.
c) Forces other vehicles to leave the main traveled portion of the driveway or
roadway to pass the parked vehicle.
Subd. 3: Vehicles parked in violation of this section are subject to immediate towing at
the owner's expense.
Section 804.07: PARKING OF SEMI TRAILERS, TRAILERS, TRUCKS, AND
TRUCK TRACTORS AND DUMPSTERS.
Subd. 1: Declaration of Nuisance. The parking of semi trailers, trailers, trucks and truck
tractors, as defined in Section 804.02, in an area of the City zoned R-1, R-2, R-3, or R-4 is found
to create a nuisance and detrimental influence upon the public health, safety, prosperity, good
order and general welfare of such district by obstructing the view of streets and of private
properties, bringing unhealthful and annoying odors and materials into the residential
neighborhoods, creating cluttered and otherwise unsightly areas, preventing the full use of
residential streets, residential parking, introducing commercial advertising signs into areas where
commercial advertising signs are otherwise prohibited, and otherwise adversely affecting
residential property values in the neighborhood patterns. It shall be unlawful for any person
owning, driving or in charge of a semi trailer, to park the same in a zoned district R-1, R-2, R-3,
or R-4 within 100 feet of any residence for more than 60 minutes. It shall also be unlawful for
any person owning, driving, or in charge of a truck with a refrigeration unit running to park the
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same in a zoned district R-1, R-2, R-3, or R-4 or within 200 feet of any residence for more than
60 minutes. It shall also be unlawful for any person owning, driving or in charge of a truck
tractor to park the same in a zoned district R-1, R-2, R-3, or R-4 or within 200 feet of any
residence for more than 60 minutes.
Subd. 2 : Cattle Truck Parking. It shall be unlawful to leave standing upon any street or
public alley in the City of St. Joseph, any cattle truck or vehicle regularly used for transporting
livestock for a period exceeding one hour.
Subd. 2: Construction trailers or equipment are allowed to temporarily park on any
street, highway, or public property zoned residential during the construction or remodeling of a
building with a valid building permit. Dumpsters are allowed on private property only, not to
exceed 30 calendar days per year or while building or remodeling is in progress, and then with a
valid building permit.
Subd. 3: Restrictions Cumulative. The restrictions of this Ordinance relating to the
parking of trucks are not to be construed as exclusive, but rather as in addition to the parking
restrictions which apply to all motor vehicles generally, as provided by herein or by state law.
Section 804.08: OFF STREET PARKING.
Subd. 1: Intent. The intent of this section of the zoning ordinance is to establish general
standards for off-street parking in order to ensure that the community remains neat and attractive
and that the value of real estate in the City be preserved. The regulations provided herein shall
apply equally to all districts except where special provisions provide otherwise.
Subd. 2: Scope of Parking and Loading Requirements .
a) In all zoning districts, off street parking facilities for the storage of motor vehicles
for the use of occupants, employees and patrons of the buildings or structures
hereafter erected, altered or extended after the effective date of this Ordinance
shall be provided and maintained as herein prescribed.
Subd. 3: General Parking Provisions.
a) Loading space shall not be construed as supplying off street parking space.
Minimum parking dimensions shall meet the requirements of Section 502.10,
Subd. 5K.
b) When units or measurements used in determining the number of required parking
spaces result in requirement of a fractional space, that fractional space shall be
rounded up to the next highest whole number.
c) Whenever a use requiring off street parking is increased in floor area, and such
use is located in a building existing on or before the effective date of this
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Ordinance, additional parking space for the additional floor area shall be provided
and maintained in amounts hereafter specified for that use.
d) For the purpose of this section, "Floor Area," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or intended to be
used for services to the public as customers, patrons, clients or patients as tenants,
including areas occupied for fixtures and equipment used for display or sale of
merchandise, less ten (10) percent.
e) Off street parking facilities for residential dwelling units shall be provided and
located on the same lot or parcel of land as the building they are intended to serve.
f) When off-street parking is required, it shall be designated for that purpose and the
individual parking stalls appropriately striped.
g) Where a use is not specifically mentioned, off street parking requirements shall be
the same as for similar use.
h) In the B-1 and B-2 zoning districts on land which contains existing buildings,
nothing in this section shall be construed to prevent collective provisions of off
street parking facilities for two (2) or more buildings or uses provided,
collectively, such facilities shall not be less than the sum of the requirements for
the various individual uses computed separately in accordance with the table, and
Subdivision 4 below, said buildings or uses are within 350 feet of the parking
area. This provision allowing off-site parking shall only apply to land on which
there is existing buildings. No off-site parking shall be allowed for businesses
which are proposed for raw or unimproved land.
i) Nothing in this section shall prevent the extension of, or an addition to a building
or structure into an existing parking area which is required for the original
building or structure when the same amount of space taken by the extension or
addition is provided by an enlargement of the existing parking area.
j) No curb cut access shall be located less than twenty (20) feet from the intersection
of two (2) or more street right-of-ways for residential uses, and thirty (30) feet for
commercial and industrial areas. This distance shall be measured from the
intersection of lot lines.
k) Curb cut openings shall be a minimum of five (5) feet from the side property line.
l) All properties shall be entitled to at least one (1) curb cut. Single-family uses
shall be limited to one (1) curb cut access per property measuring no more than 24
feet in width (the 24-foot width shall include 18-foot width plus 3-foot taper
width on each side).
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m) Driveways in residential areas which abut a hard surface roadway must be
constructed of a hard surface consisting of concrete, bituminous, pavement or
paver stone designed to drain and dispose of surface water. Recycled bituminous
or concrete shall be prohibited except as permitted in an industrial area by special
use permit.
Subd. 4: Required Off Street Parking. The amount of required off street parking space
for new uses or buildings, additions thereto and additions to existing buildings as specified
previously, shall be determined in accordance with the following table, and the space so required
and shall be irrevocably reserved for such use, except these requirements shall not apply to uses
in existing buildings within the Central Business District of St. Joseph. The amount of required
off street parking in the Central Business District for existing or new uses and improvements to
existing buildings which do not increase the area used for commercial or residential/rental use
shall be determined by the Planning Commission with approval by the City Council prior to the
issuance of a building permit. The amount of parking space required shall be based on the
anticipated demand for parking and loading space, the length of visits generated by the particular
business, and the availability of other parking spaces in the Central Business District. The
Central Business District shall be located within the following boundaries: Properties lying to the
West of First Avenue Northeast; lying East of Second Avenue Northwest; lying North of
Minnesota Street; and lying South of the east/west alley which is between Minnesota Street and
Ash Street. The lots within the Central Business District are: Lots 4, 5, and 11 through 15 of
Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original
Townsite of St. Joseph.
a) Single family, two family non-rental residential units. Two (2) spaces per unit.
b) Boarding house, rooming house, bed and breakfast, multiple family dwellings and
rental residential dwellings. One and one-half (1 1/2) spaces for each single-
bedroom dwelling, two and one-half (2 1/2) spaces for each two-bedroom
dwelling, four (4) spaces for each three-bedroom dwelling, and an additional 1.25
spaces for each additional bedroom within the dwelling. Any bedroom larger
than 140 square feet shall be considered as two bedrooms for the purpose of
determining the total number of bedrooms within a dwelling. Fractional numbers
shall be rounded up to the next highest whole number.
c) Motels, motor hotels, hotels. One (1) space per each rental unit and one (l) space
for each employee on any shift.
d) Church, theater, auditorium. At least one (1) parking space for each four (4) seats
based on the design capacity of the main assembly hall.
e) Hospitals. Three (3) spaces per each bed.
f) Medical, chiropractic, dental or hospital out patient clinics. One (l) space for each
one hundred ten (110) square feet of net floor area or seven (7) spaces per doctor,
whichever number of parking spaces is greater.
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g) Long Term Care Facilities, Assisted Living Centers, Rest Homes and Retirement
Homes. One (l) space for each two (2) beds for which accommodations are
offered and one (l) for each employee on any shift.
h) Elderly (senior citizen) housing. One (1) space per unit.
i) Drive in restaurant and convenience food. At least one (l) parking space for each
thirty five (35) square feet of gross floor area, but not less than fifteen (15) spaces.
j) Office buildings and professional offices, other than medical, chiropractic, dental
or hospital out patient clinics. One (1) space for each two hundred fifty (250)
square feet of floor area.
k) Bowling alley. At least five (5) parking spaces for each alley, plus additional
spaces as may be required herein for related uses contained within the principal
structure.
l) Automotive Service Station. At least four (4) off street parking spaces plus two
(2) off street parking spaces for each service stall. Those facilities designed for
sale of other items than strictly automotive products, parts and/or service shall be
required to provide additional parking in compliance with other applicable
sections of this Ordinance.
m) Retail store and service establishment. At least one (1) off street parking space
for each three hundred (300) square feet of floor area.
n) Retail sales and service business with fifty (50) percent of gross floor area
devoted to storage, warehouses and/or industry. One (1) space for each three
hundred (300) square feet devoted to public sales and/or service plus one (1)
space for each one thousand (1,000) square feet of storage area or one (1) space
for each employee on the maximum shift which is appropriate.
o) Restaurants and cafes. At least one (1) space for each four (4) seats used by
patrons, plus one (1) space for each employee on the maximum shift.
p) Private clubs serving food and/or drinks, bars, taverns, nightclubs. At least one
(1) space for each fifty (50) square feet of gross floor area.
q) Funeral home and Mortuary establishments. At least twenty (20) parking spaces
for each chapel or parlor, plus one (1) parking space for each funeral vehicle
maintained on the premises.
r) Manufacturing, fabricating or processing of a product or material, warehouse,
storage, handling or bulk goods, post offices. At least eight (8) spaces, plus one
(1) space for each two (2) employees on each shift based on maximum planned
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employment or at a minimum one (1) space for each five hundred (500) square
feet of floor area.
s) Car wash. (In addition to required stacking space.)
1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking
purposes plus one (l) space for each employee on the maximum shift.
2. Self service. Three (3) spaces per bay for stacking purposes, plus a
minimum of two (2) additional spaces.
Subd. 5: Parking Lot Standards. In all districts where off-street parking lots are
permitted or required such off-street parking shall be constructed and maintained subject to the
following regulations:
a) These standards shall not be applicable to parking provided for single family or
two family residences, public parks or other publicly owned property. Parking lot
standards for industrial uses may be subject to variance or modification by the
conditional use permit for the specific industrial use. In considering a request for
variance or modification, the City shall consider the location of the property, size
of the parking area, use of the parking area, adjacent property uses and the impact
on the general well being of the community. Alternative surfaces which may be
permitted in an industrial area are limited to Class 2 crushed granite which
conforms to the requirements of MN/DOT specification 3138 with visual
evidence of further consolidation.
b) Parking lots existing on or before January 1, l996, do not have to be brought into
compliance with these standards until such time as any of the following events
occur. (a) a new structure is constructed on the property served by the parking
lot; (b) an addition is constructed to any existing structure located on the property
served by the parking lot; (c) A change in use of the property served by the
parking lot occurs which results in a remodeling of the structure requiring the
issuance of a building permit.
c) Adequate ingress and egress shall be provided.
d) Such parking lots shall be constructed and maintained in a useable condition, with
a hard surface consisting of concrete, bituminous, pavement or paver stone
designed to drain and dispose of surface water. Recycled bituminous or concrete
shall be prohibited except as permitted in an industrial area by special use permit
or variance.
e) Whenever such parking lot boundary adjoins property zoned for residential use, a
setback of fifteen (15) feet from said lot line shall be required, and maintained.
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f) Necessary curbs or other protection against damages to adjoining properties,
streets and sidewalks shall be provided and maintained. Concrete curbs to B-12
specifications shall be used for all automobile stops and for all drive and parking
areas.
g) Plans for the construction of any such parking lot must be approved by the
Planning Commission before construction is started. No such land shall be used
for parking until approved by the Planning Commission.
h) No sign shall be so located as to restrict the sight, orderly operation and traffic
movement within any parking area. Only signs necessary for the orderly
operation of traffic movement or parking regulation shall be permitted in any
parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall
not be considered part of the permitted advertising space and shall be subject to
signage regulations.
i) All parking lots shall be screened and landscaped from abutting residential uses or
districts by a wall, fence or densely-planted compact hedge or tree cover not less
than four (4) feet nor more than eight (8) feet in height.
j) Except in the case of single-family, two-family, and townhouse developments,
parking areas shall be designed so that circulation between parking aisles or
driveways occurs within the designated parking lot and does not depend upon a
public street or alley and such design does not require backing onto the public
street.
k) Except in the cases of single-family, two-family and townhouse developments,
parking lot dimensions are set forth in the table below. Circulation patterns shall
allow adequate room for emergency vehicles.
Angle and Standard Depth Depth to Aisle Wall/wall Interlock
traffic flow stall width to wall interlock width module Module
90 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0
60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0
75 deg 1-way 9' 18.5' 17.5' 22' 59' 57.0
60 deg 1-way 9' 18.0' 16.5' 18' 54' 51.0
Special designs will be considered for unique situations, and are subject
to approval of the City Engineer. Handicap stalls shall be provided in
accordance with current ADA requirements. Where bumpers overhang
sidewalks, allow 2.5 feet of clearance for the overhang before considering
useable sidewalk width.
l) Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent
and all parking lots except those for less than four (4) vehicles shall be graded
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according to a drainage plan which has been approved by the City Engineer.
Catch basins, sumps and underground storm sewers may be required.
m) Striping. All lots for five (5) or more vehicles shall have the organization of
spaces painted on the surface according to the plan approved by the City.
n) Circulation. Lots shall be so designed that internal circulation shall be available
without utilizing the public street.
o) Maintenance. It shall be the responsibility of the lessee and/or owner of the
principal use, uses or building to maintain in a neat and adequate manner, the
parking area, striping, landscaping and screening.
p) Lighting. All lighting used to illuminate an off-street parking area shall be shaded
or diffused so as to reflect the light away from the adjoining property and away
from abutting traffic flow.
Subd. 6: Required Loading Berths. In connection with any structure which is to be
erected or substantially altered and which requires the receipt or distribution of materials or
merchandise by trucks or similar vehicles, with a gross floor area of five thousand (5,000) square
feet or more, there shall be off street loading provided on the basis of the following:
Gross Floor Area Minimum required
square feet loading berths
5,000 to 16,000 1
16,000 to 40,000 2
40,000 to 70,000 3
70,000 to 100,000 4
each additional 40,000 1 additional
Loading space required under this Section shall be at least fifty (50) feet long and ten (10)
feet wide.
Section 804.0908: PARKING, LOCATION AND USE OF TRAILER HOUSES
AND MOBILE HOMES.
Subd. 1: Prohibitions. It shall be unlawful for any person to park, or to permit the
parking of any trailer house or mobile home owned by him or under his control on any street,
alley, or other public place or in any residential area, as above defined, within the City, except
that the parking of only one unoccupied trailer house in an accessory private garage building or
in the rear yard of any privately owned yard is hereby permitted provided no living quarters be
maintained, or any business practiced at said trailer while such trailer is so parked or stored.
Subd. 2: Licensing Required. The owners of all trailer houses or mobile homes shall be
required to pay the current Minnesota State License fee or tax each year.
804-12
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
Section 804.1009: PUBLIC PARK PARKING.
Subd. 1: Motor Vehicle Use. All vehicles, whether motorized or non-motorized, shall be
restricted to their designated parking areas. In those parks where roadways extend into and
through the parks, no vehicles shall drive at a speed in excess of five miles per hour. All persons
must operate their vehicles in a safe and reasonable manner. No vehicles are to extend beyond
the roadway or parking areas. For purposes of this section, three wheel and four wheel all terrain
vehicles are to be considered motor vehicles.
Section 804.1110: IMPOUNDMENT. Any vehicle left parked or standing in violation
of this Ordinance or the laws of the State of Minnesota may be towed away pursuant to the
provisions of Minn. Stat. 169.041, as amended. Any motor vehicle towed away and impounded
under this Ordinance or State law may be claimed or recovered after payment to the towing
authority of all towing and storage charges. The City, its agents and employees, shall not be
responsible for any damage done during towing and impoundment under this Ordinance or State
law.
Subd. 1: Notice of Impoundment. Within forty eight (48) hours after a vehicle has been
impounded, the Chief of Police shall send written notice to the owner of the impounded vehicle
at his or her last known address as shown by the records of the Department of Public Safety. If
the owner is unknown to the Chief of Police or an address cannot be found, the Chief of Police
shall publish at least once in the City's official newspaper notice of the impounding, the license
number of vehicle, the motor vehicle number of the impounded vehicle, and the name and type
of vehicle impounded.
Subd. 2: Sale of Vehicle. If after the expiration of sixty (60) days after mailing or
publishing the notice set out in Subd. 1 the vehicle is not redeemed by the owner or the owner's
agent, the City shall proceed to sell the impounded vehicle at public auction after first giving at
least twenty (20) days notice of such sale by publication in the City's official newspaper of the
time and place of the sale. The notice shall describe the vehicle to be sold, with reasonable
certainty, by manufacturer's trade name or make, motor vehicle number, license number, and any
other specifically identifying information, and the notice shall state to whom, if anyone, the
records of the Department of Public Safety show the car belongs, and if the name of the owner is
unknown, that fact shall be stated in the notice. If the name of the owner is known, the City shall
send that person a copy of the published notice immediately after publication of the notice. The
City shall credit any money it receives after the sale to the City's general fund. At any time
within one (1) year after the sale, if the former owner of the vehicle which has been sold appears,
upon application to the City Council and presentation of satisfactory proof that the person was
the owner of the vehicle sold, that person shall be paid the proceeds of such sale, less the
necessary expenses thereof, and less the towing, impounding storage charges and administrative
fees as set forth in Subdivision 4.
Subd. 3: Release of Towed Vehicle. Once all fines and impound fees are paid in full, the
City Police Department may release the vehicle to the respective party and the towing company
impound lot shall then notify the City Police Department of the date and to whom the vehicle
was released.
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
Subd. 4: Towing and Impound Fees. A towing charge in connection with the
impounding of any vehicle shall not exceed the amount agreed upon in any current contract
between the City of St. Joseph and the duly designated garage owner, a true and correct copy of
which shall be on file in the office of the City Clerk/Administrator for public inspection and
reference, and the scheduled charges of the current contract is hereby made a part of this chapter
as fully and to the same effect as if set forth herein verbatim. In addition to the towing charges,
an administrative fee, in an amount set by Resolution of the City Council, shall also be charged
to the owner of any vehicle found to be in violation of this ordinance. The administrative fee
shall be paid at the impound lot at the same time the towing fees are paid.
Section 804.1211: OWNER'S RESPONSIBILITY. Where any motor vehicle is found
parked contrary to any provisions of these ordinances, that act is hereby declared to be the act of
the registered owner as well as the act of the person actually parking the vehicle.
Section 804.1312: REGISTERED OWNER. For purposes of this ordinance, the
registered owner is defined to include motor vehicle rental or leasing agencies and corporate
owners. It shall be a defense to any violation if the registered owner shows that on the date of
the offense title to the vehicle has been transferred to another.
Section 804.1413: SEPARABILITY. Every section, provision or part of this Ordinance
is declared separable from every other section, provision or part, and if any section, provision or
part thereof shall be declared invalid, this shall not affect any other section, provision or part.
Section 804.1514: PENALTY. Any person who violates or fails to comply with the
provisions of this Ordinance shall be guilty of a misdemeanor.
Ordinance 804 amended 12/06
804-14
CHAPTER III –PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 304MANAGEMENT, ADMINISTRATION AND PERMITTING OF
ACTIVITIES IN PUBLIC RIGHT OF WAYS.......................................304-1
Section 304.01: FINDINGS, PURPOSE, AND INTENT..............................................304-1
Section 304.02: ELECTION TO MANAGE THE PUBLIC RIGHTS-OF-WAY.........304-1
Section 304.03: DEFINITIONS......................................................................................304-1
Section 304.04: ADMINISTRATION............................................................................304-7
Section 304.05: REGISTRATION AND RIGHT-OF-WAY OCCUPANCY...............304-7
Section 304.06: REGISTRATION INFORMATION....................................................304-8
Section 304.07: REPORTING OBLIGATIONS............................................................304-9
Section 304.08: PERMIT REQUIREMENT................................................................304-10
Section 304.09: PERMIT APPLICATIONS................................................................304-11
Section 304.10: ISSUANCE OF PERMIT; CONDITIONS........................................304-11
Section 304.11: PERMIT FEES...................................................................................304-13
Section 304.12: RIGHT-OF-WAY PATCHING AND RESTORATION...................304-14
Section 304.13: SUPPLEMENTARY APPLICATIONS.............................................304-15
Section 304.14: OTHER OBLIGATIONS...................................................................304-16
Section 304.15: DENIAL OF PERMIT........................................................................304-16
Section 304.16: INSTALLATION REQUIREMENTS...............................................304-17
Section 304.17: INSPECTION.....................................................................................304-17
Section 304.18: WORK DONE WITHOUT A PERMIT.............................................304-17
Section 304.19: SUPPLEMENTARY NOTIFICATION.............................................304-18
Section 304.20: REVOCATION OF PERMITS..........................................................304-18
Section 304.21: MAPPING DATA..............................................................................304-19
Section 304.22: LOCATION AND RELOCATION OF FACILITIES.......................304-20
Section 304.23: PRE-EXCAVATION FACILITIES LOCATION..............................304-21
Section 304.24: DAMAGE TO OTHER FACILITIES................................................304-21
Section 304.25: RIGHT-OF-WAY VACATION.........................................................304-21
Section 304.26: INDEMNIFICATION AND LIABILITY..........................................304-21
Section 304.27: ABANDONED AND UNUSABLE FACILITIES.............................304-21
Section 304.28: APPEAL.............................................................................................304-22
Section 304.29: SEVERABILITY................................................................................304-22
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CHAPTER III –PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 304MANAGEMENT, ADMINISTRATION AND PERMITTING OF
ACTIVITIES IN PUBLIC RIGHTSOF WAYS
Section 304.01: 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 new chapter of this code relating to right-of-way
permits and administration. This chapter imposes reasonable regulation on the placement and
maintenance of facilities and equipment currently within its 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 chapter, persons excavating and obstructing the rights-of-way will bear
financial responsibility for their work. Finally, this chapter provides for recovery of out-of-
pocket and projected costs from persons using the public rights-of-way.
This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123,
substantially codified in Minn. Stat. §237.16, §237.162, §237.163, §237.79, §237.81, and
§238.086 (the "Act") and 2017 Minn. Laws, ch. 94, art. 9, amending the Act, and the other laws
governing applicable rights of the City and users of the right-of-way. This chapter shall also be
interpreted consistent with Minnesota Rules 7819.0050 -7819.9950and Minnesota Rules, ch.
7560where possible. To the extent any provision of this chapter cannot be interpreted
consistently with the Minnesota Rules, that interpretation most consistent with the Act and other
applicable statutory and case law is intended. This chapter 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.
Section 304.02: ELECTION TO MANAGE THE PUBLIC RIGHTS-OF-WAY.
Pursuant to the authority granted to the City under state and federal statutory, administrative and
common law, the City hereby elects, pursuant Minn. Stat. 237.163, Subd. 2(b), to manage rights-
of-way within its jurisdiction.
Section 304.03: DEFINITIONS. The following definitions apply in this chapter of this
code. References hereafter to "sections" are, unless otherwise specified, references to sections in
this chapter. Defined terms remain defined terms, whether or not capitalized.
"Abandoned Facility" means a facility no longer in service or physically disconnected
from a portion of the operating facility, or from any other facility, that is in use or still carries
service. A facility is not abandoned unless declared so by the right-of-way user.
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CHAPTER III –PUBLIC PROPERTY & IMPROVEMENTS
"Applicant" means any person requesting permission to excavate or obstruct a right-of-
way.
"City" means the City of St. Joseph, Minnesota. For purposes of section 304.27, "City"
means its elected officials, officers, employees and agents.
“Collocate” or “collocation” means to install, mount, maintain, modify, operate, or
replace a small wireless facility on, under, within, or adjacent to an existing wireless support
structure that is owned privately or by the City or othergovernmentalunit.
"Commission" means the State Public Utilities Commission.
“Congested Right-of-Way" means a crowded condition in the subsurface of the public
right-of-way that occurs when the maximum lateral spacing between existing underground
facilities does not allow for construction of new underground facilities without using hand,
digging to expose the existing lateral facilities in conformance with Minn. Stat. §216D.04, subd.
3,over a continuous length in excess of 500 feet.
“Construction Performance Bond" means any of the following forms of security provided
at permittee's option:
a)Individual project bond;
b)Cash deposit;
c)Security of a form listed or approved under Minn. Stat. Sec. 15.73, Subd. 3;
d)Letter of Credit, in a form acceptable to the City;
e)A blanket bond for projects within the city, or other form of construction bond,
for a time specified and in a form acceptable to the City.
"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 right-
of-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.
"Department" means the department of public works of the City.
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CHAPTER III –PUBLIC PROPERTY & IMPROVEMENTS
"Department Inspector" means any person authorized by the City to carry out inspections
related to the provisions of this chapter.
“Director” means the director of the department of public works of the City, or his or her
designee.
"Public Works Superintendent” means the superintendent of the department of public
works of the City, or her or his designee.
"Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration as established by permit.
"Emergency" means a condition that (1) poses a danger to life or health, or of a
significant loss of property; or (2) requires immediate repair or replacement of facilities in order
to restore service to a customer.
"Equipment" means any tangible asset used to install, repair, or maintain facilities in any
right-of-way.
"Excavate" means to dig into or in any way remove or physically disturb or penetrate any
part of a right-of-way.
"Excavation permit" means the permit which, pursuant to this chapter, must be obtained
before a person may excavate in a right-of-way. An Excavation permit allows the holder to
excavate that pact of the right-of-way described in such permit. Persons who are under contract
with the City, or with a developer who has an executed developer agreement with the City, to
construct public improvements that the City will take over and own at the completion of the
project, are not required to obtaina permit under the terms of this ordinance unless they are
working in the public right-of-way outside of the project construction limits.
"Excavation permit fee" means money paid to the City by an applicant to cover the costs
as provided in Section 304.11.
“Facility" or "Facilities" means any tangible asset in the right-of-way required to provide
Utility Service.
"Five-year Capital Improvement Plan" shows projects adopted by the City for
construction within the next five years.
"High Density Corridor"means a designated portion of the public right-of-way within
which telecommunications right-of-way users having multiple and competing facilities may he
required to build and install facilities in a common conduit system or other common structure.
"Hole"means an excavation in the pavement, with the excavation having a length less
than the width of the pavement.
304-3
CHAPTER III –PUBLIC PROPERTY & IMPROVEMENTS
“Local Representative" means a local person or persons, or designee of such person or
persons, authorized by a registrant to accept service and to make decisions for that registrant
regarding all matters within the scope of this chapter.
“Management Costsor rights-of-way management costs" means the actual costs the City
incurs in managing its public rights-of-way, including and includes such costs, if incurred, as
those associated with registering applicants; issuing, processing, and verifying right-of-way or
small wireless facility permit applications; inspecting job sites and restoration projects;
maintaining, supporting, protecting, or moving user facilities equipment during public fright-of-
way work; determining the adequacy of fright-of-way restoration; restoring work inadequately
performed after providing notice and the opportunity to correct the work; and revoking right-of-
way or small wireless facility permits. Management costs do not include:
(1)payment by a telecommunications right-of-way user for the use of the public right-
of-way;
(2)unreasonable fees of a third-party contractor used by a local government unit as part
of managing its public rights-of-way, including but not limited to any third-party
contractor fee tied to or based upon customer counts, access lines, revenue generated
by the telecommunications right-of-way user, or revenue generated for a local
government unit; or
(1)(3),the fees and cost of litigation relating to the interpretation of Minnesota Session
Laws 1997, Chapter 123; Minn. Stat. §237.162 or §237.163; or any ordinance enacted
under those sections, or the City fees and costs related to appeals taken pursuant to
Section 237.163, subdivision 5. 304.29 of this chapter.
“Micro wireless facility” means a small wireless facility that is no larger than 24 inches
long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than
11 inches.
“Obstruct" means to place any tangible object in a right-of-way so as to hinder free and
open passage over that or any part of the right-of-way.
"Objection Permit" means the permit which, pursuant to this chapter, must be obtained
before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage
over the specified portion of that right-of-way, for the duration specified therein.
"Obstruction Permit Fee" means money paid to the City by a permittee to cover the costs
as provided in Section 304.11.
“Patch" or "Patching" means a method of pavement replacement that is temporary in
nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the
replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of
the excavation in all directions. A patch is considered full restoration only when the pavement is
included in the City's five-year Capital Improvement Plan.Program.
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CHAPTER III –PUBLIC PROPERTY & IMPROVEMENTS
"Pavement" means any type of improved surface that is within the public right-of-way
and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
"Permit” has the meaning given "right-of-way permit" in Minn. Stat. §237.162.
"Permittee" means any person to whom a permit to excavate or obstruct a right-of-way
has been granted by the City under this chapter.
"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
"Registrant" means any person who (1) has or seeks to have its equipment or facilities
located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the
right-of-way or place its facilities or equipment in the right-of-way.
"Restore" or "Restoration" means the process by which an excavated right-of-way and
surrounding area, including pavement and foundationand turf, is returned to the same condition
and life expectancy thatexisted before excavation.
"Restoration Cost" means the amount of money paid to the City by a permittee to achieve
the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission
rules.
"Public Right-of-Way"or Right of Waymeans the area on, below, or above a public
roadway, highway, street, cartway, bicycle lane or public sidewalk in which the City has an
interest, including other dedicated rights-of-way for travel purposes and utility easements of the
City. A right-of-waydoes not include the airwaves above a right-of-way with regard to cellular
or other nonwire telecommunications or broadcast service.
"Right-of-Way (ROW) Permit" means either the excavation permit or the obstruction
permit, or the small wireless facility permit, or all types of ROW permit authorized by law or
oridinance, both, depending on the context, required by this chapter.
"Right-of-Way User" means (1) a telecommunications right-of-way user as defined by
Minn. Stat. §237.162, Subd. 4; or (2) a personowning or controlling a facility in the right-of-way
that is used or intended to be used for providing utility service, and who has a right under law,
franchise, or ordinance to use the public right-of-way.
"Service" or "Utility Service" includes (1) those services provided by a public utility as
defined in Minn. Stat. 216B.02, Subds. 4 and 6; (2) services of a telecommunications right-of-
way user, including transporting of voice or data information; (3) services of a cable
communications systemas defined in Minn. Stat. Chapter. 238; (4) natural gas or electric energy
or telecommunications services provided by the City; (5) services provided by a cooperative
electric association organized under Minn. Stat., Chapter 308A; and (6) water, and sewer,
including service laterals, steam, cooling or heating services.
304-5
CHAPTER III –PUBLIC PROPERTY & IMPROVEMENTS
“Service Lateral” means an underground facility that is used to transmit, distribute, or
furnish gas, electricity, communications, or water from a common source to an end-use
customer. A service lateral is also an underground facility that is used in the removal of
wastewater from a customer’s premises.
“Small wireless facility” means:
(a)A wireless facility that meets both of the following qualifications:
(1)each antenna is located inside an enclosure ofno more than six cubic feet in
volume or, in the case of an antenna that has exposed elements, the antenna and
all its exposed elements could fit within an enclosure of no more than six cubic
feet; and
(2)all other wireless equipment associated with the small wireless facility, excluding
electric meters, concealment elements, telecommunications demarcation boxes,
battery backup power systems, grounding equipment, power transfer switches,
cutoff switches, cable conduit, vertical cable runs for the connection of power and
other services, and any equipment concealed from public view within or behind
an existing structure or concealment, is in aggregate no more than 28 cubic feet in
volume; or
(b)A micro wireless facility.
"Supplementary Application" means an application made to excavate or obstruct more of
the right-of-way than allowed in, or to extend, a permit that had already been issued.
"Telecommunication right-of-way user" means a person owning or controlling a facility
in the public right-of-way, or seeking to own or control a Ffacility in the public right-of-way that
is used or is intended to be used for providing wireless service, or transporting
telecommunication or other voice or data information. For purposes of this chapter, a Acable
communication system defined and regulated under Minn. Stat. Chap. 238, and
telecommunication activities related to providing natural gas or electric energy services,whether
provided by a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal
gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric
association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way
users for the purposes of Minn Stat. Sec. 237.163, except to the extent these entities are offering
wireless services. this chapter.
"Temporary Surface" means the compaction of subbase and aggregate base and
replacement, in kind, of the existing pavement only to the edges of the excavation. It is
temporary in nature exceptwhen the replacement is of pavement scheduled for removal and
reconstruction within one calendar year.
"Trench" means an excavation in the pavement, with the excavation leaving a length
equal to or greater than the width of the pavement.
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CHAPTER III –PUBLIC PROPERTY & IMPROVEMENTS
"Two Year project Plan" shows projects adopted by the City for construction within the
next two years.
“Utility pole” means a pole that is used in whole or in part to facilitate
telecommunications or electric service.
“Wireless facility” means:
(a)Equipment at a fixed location that enables the provision of wireless services between
user equipment and a wireless service network, including:
(1)equipment associated with wireless service;
(2)a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological
configuration; and
(3)a small wireless facility.
(b)“Wireless facility” does not include:
(1)wireless support structures;
(2)wireline backhaul facilities; or
(1)(3)coaxial or fiber-optic cables (i) between utility poles or wireless support
structures, or (ii) that are not otherwise immediately adjacent to or directly
associated with a specific antenna.
“Wireless service” means any service using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is
provided using wireless facilities. Wireless service does not include services regulated under
Title VI of theCommunications Act of 1934, as amended, including a cable service under United
States Code, title 47, section 522, clause (6).
“Wireless support structure” means a new or existing structure in a public right-of-way
designed to support or capable of supporting small wireless facilities, as reasonably determined
by the City.
“Wireline backhaul facility” means a facility used to transport communications data by
wire from a wireless facility to a communications network.
Section 304.04: ADMINISTRATION. ThePublic Works DirectorSuperintendentis the
principal City official responsible for the administration of the rights-of-way, right-of-way
permits, and the ordinances related thereto. The director superintendent may delegate any or all
of the duties hereunder.
Section 304.05: REGISTRATION AND RIGHT-OF-WAY OCCUPANCY.
Subd.1:Registration. Each person who occupies or uses, or seeks to occupy or use, the
right-of-way or place any equipment or facilities in or on the right-of-way, including persons
with installation and maintenance responsibilities by lease, sublease or assignment, must register
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CHAPTER III –PUBLIC PROPERTY & IMPROVEMENTS
with the City. Registration will consist of providing application information and paying a
registration fee.
Subd. 2: Registration Prior to Work. No person may construct, install, repair, remove,
relocate, or perform any other work on, or use any facilities or any part thereof, in any right-of-
way without first being registered with the City.
Subd. 3: Exceptions. Nothing herein shall be construed to repeal or amend the
provisions of a City ordinance permitting persons to plant or maintain boulevards in the area of
the right-of-way between their property and thestreet curb. Persons planting or maintaining
boulevards shall not be deemed to use or occupy the right-of-way, and shall not be required to
obtain any permits or satisfy any other requirements for planting or maintaining such boulevard
plantings or gardens under this chapter. However, nothing herein relieves a person from
complying with the provisions of the Minn. Star. Chap. 216D, Gopher One Call Law.
Section 304.06: REGISTRATION INFORMATION.
Subd. 1:Information Required. The information provided to the City at the time of
registration shall include, but not be limited to:
a)Each registrant's name, Gopher One-Call registration certificate number, address
and e-mail address, if applicable, and telephone and facsimile numbers.
b)The name, address and e-mail address, if applicable, and telephone and facsimile
numbers of a local representative. The local representative or designee shall 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.
c)A certificate of insurance or self-insurance:as defined under Section 507.04,
Subd. 3 and as detailed as follows:
1.Verifying that an insurance policy has been issued to the registrant by an
insurance company licensed to do business in the State of Minnesota, or a
form of self-insurance acceptable to the City;
2.Verifying that the registrant is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the
(i) use and occupancy of the right of way by the registrant, its officers,
agents, employees and permittees, and (ii) placement and use of facilities
and equipment in the right-of-way by the registrant, its officers, agents,
employees and permittees, including, but not limited to, protection against
liability arising from completed operations, damage of underground
facilities, collapse of property, and explosion (XCU) coverage;
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CHAPTER III –PUBLIC PROPERTY & IMPROVEMENTS
3.Naming the City as an additional insured as to whom the coverages
required herein are in force and applicable and for whom defense will be
provided as to all such coverages;
4.Requiring that the City be notified thirty (30) days in advance of
cancellation of the policy or material modification of a coverage term; and
5.Indicating comprehensive liability coverage, automobile liability
coverage, workers compensation and umbrella coverage established by the
City in the following amounts: $1 million per occurrence and $2 million
in the aggregate.
d)The City may require a copy of the actual insurance policies.
e)If the person is a corporation, a copy of the certificate is required to be filed under
Minn. Stat. 300.06 as recorded and certified to by the Secretary of State.
f)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.
Subd. 2:Notice of Changes. The registrant shall keep all of the information listed above
current at all times by providing to the City information as to changes within fifteen (15) days
following the date on which the registrant has knowledge of any change.
Section 304.07:REPORTING OBLIGATIONS.
Subd. 1:Operations. Each registrant shall, at the timeof registration and by March
December 1 of each year, file a construction and major maintenance plan for underground
facilities with the City. Such plan shall be submitted using a format designated by the City and
shall contain the information determined by the City to be necessary to facilitate the coordination
and reduction in the frequency of excavations and obstructions of rights-of-way.
The plan shall include, but not be limited to, the following information:
a)The locations and the estimated beginning and ending dates of all projects to be
commenced during the next calendar year (in this section, a "next-year project");
and
b)To the extent known, the tentative locations and estimated beginning and ending
dates for all projects contemplated for the five years following the next calendar
year (in this section, a "five-year project").
The term "project" in this section shall include both next-year projects and five-year
projects.
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By January 1 of each year, the City will have available for inspection in the City's office
a composite list of all projects of which the city has been informed of the annual plans. All
registrants are responsible for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each registrant may change any project in its list of next-year
projects, and must notify the City and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another
registrant listed by the other registrant.
Subd. 2: Additional Next-Year Projects. Notwithstanding the foregoing, the City will not
deny an application for a right-of-way permit for failure to include a project in a plan submitted
to the City if the registrant has used commercially reasonable efforts to anticipate and plan for
the project.
Section 304.08:PERMIT REQUIREMENT.
Subd. 1: Permit Required. Except as otherwise provided inthis code, no person may
obstruct or excavate any right-of-way, or install or place facilities in the right of way,without
first having obtained the appropriate right-of-way permit from the City to do so.
a)Excavation Permit. An excavation permit is required by a registrant 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
described therein, to the extent and for the duration specified therein.
b)Obstruction Permit. An obstruction permit is required by a registrant to hinder
free and open passage over the specified portion of right-of-way by placing
equipment described therein on the right-of-way, to the extent and for the duration
specified therein. An obstruction permit is not required if a person already
possesses a valid excavation permit for the same project.
c) Small Wireless Facility Permit. A small wireless facility permit is required by a
registrant to erect or install awireless support structure, to collocate a small
wireless facility, or to otherwise install a small wireless facility in thespecified
portion or the right of way, to the extent specified therein, provided that such
permit shall remain in effect for the length of time the facility is in use, unless
lawfully revoked.
Subd. 2:Permit Extensions. No person may excavate or obstruct the right-of-way
beyond the date or dates specified in the permit unless (i) such person makes a supplementary
application for another right-of-way permit before the expiration of the initial permit, and (iit) a
new permit or permit extension is granted.
Subd. 3: Delay Penalty. In accordance with Minnesota Rule 7819.1000 subd. 3 and
notwithstanding subd. 2 of this Section, the City shall establish and impose a delay penalty for
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unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay
penalty shall be established from time to time by City Council resolution.
Subd. 3: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.
Section 304.09:PERMIT APPLICATIONS. Application for a permit is made to the
City. Right-of-way permit applications shall contain, and will be considered complete only upon
compliance with, the requirements of the following provisions:
a)Registration with the City pursuant to this chapter;
b)Submission of a completed permit application form, including all required
attachments, and scaled drawings showing the location and area of the proposed
project and the location of all known existing and proposed facilities.
c)Payment of money due the City for:
1.permit fees, estimated restoration costs and other management costs;
2.prior obstructions or excavations;
3.any undisputed loss, damage, or expense suffered by the City because of
applicant's prior excavations or obstructions of the rights-of-way or any
emergency actions taken by the City;
4.franchise fees or other charges, if applicable.
d)Payment of disputed amounts due the City by posting security or depositing in an
escrow account an amount equal to at least 110% of the amount owing.
e)Posting an additional or larger construction performance bond for additional
facilities when applicant requests an excavation permit to install additional
facilities and the City deems the existing construction performance bond
inadequate under applicable standards.
Section 304.10: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
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Minnesota Statutes §§ 216D.01-.09 (Gopher One Call Excavation Notice System) and
Minnesota Rules Chapter 7560.
Subd. 3: Small Wireless Facility Conditions. In addition to Subd. 2, the erection or
installation of a wireless support structure, the collocation of a small wireless facility, or other
installation of a small wireless facility in theright-of-way, shall be subject to the following
conditions:
a)A small wireless facility shall only be collocated on theparticular wireless
support structure, under those attachment specifications, and at the height
indicated in the applicable permit application.
b)No new wireless support structure installed within the right-of-way shall exceed
50 feet in height without the City’s authorization, provided that the City may
impose a lower heightlimit in the applicablepermit to protect the public health,
safety, and welfare or to protect the right-of-way and its current use, and further
provided that a registrant may replace an existing wireless support structure
exceeding 50 feet in height with a structure of the sameheight subject to such
conditions or requirements as may be imposed in the applicable permit.
c)No wireless facility may extend more than 10 feet above its wireless support
structure.
d)Where an applicant proposes to install a new wireless support structure in the
right-of-way, the City may impose separation requirements between such
structureand any existing wireless support structure or other facilities in and
around the right-of-way.
e)Where an applicant proposes collocation on a decorative wireless support
structure, sign or other structure no intended to support small wireless facilities,
theCity may impose reasonable requirements to accommodatethe particular
design, appearance or intended purpose of such structure.
f)Where an applicant proposes to replace a wireless support structure, the City may
impose reasonable restocking, replacement, or relocation requirements on the
replacement of such structure.
Subd. 4: Small Wireless Facility Agreement. A small wireless facility shall only be
collocated on a small wireless support structure owned or controlled by the City, or any
other city asset in the right-of-way, after the applicant has executed a standard wireless
facility collocation agreement with the City. The standard collocation agreement shall
require paymentfor fees or charges allowed under Minnesota Statutes, Section 237.163,
Subd. 6. The standard collocation agreement shall be in addition to, and not in lieu of,
the required small wireless facility permit, provided, however, that the applicant shallnot
be additionally required to obtain a license or franchise in order to collocate. Issuance of
a small wireless facility permit does not supersede, alter or affect any then-existing
agreement between theCity and applicant.
Section 304.11 ACTION ON SMALL WIRELESS FACILITY PERMIT
APPLICATIONS.
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Subd. 1: Deadline for Action. The City shall approve or deny a small wireless facility
permit application within 90 days after filing of such application. The small wireless
facility permit, and any associated building permit application, shall be deemed approved
if the City fails to approveor deny the application within the review periods established
in this Section.
Subd. 2: Consolidated Applications. An applicant may file a consolidated small wireless
facilitypermit application to collateup to 15 small wireless facilities, or a greater number
if agreed by the Director, provided that all the small wireless facilities in the application:
a)are located within a two-mile radius;
b)consist of substantially similar equipment; and
c)are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, theDirector may approve a
permit for some small wireless facility and deny a permit for others, but may not use
denial of one or more permits as a basis to deny all the small wireless facilities in the
application.
Subd. 3: Extending or Tolling of Deadline.For the purposes of this subdivision, “toll the
90-day clock” means to halt the progression of days that counttowards the 90-day
deadline. The 90-day deadline for action on a small wireless facility permit application
may be extended or tolled if:
a)TheCityreceives applications within a single seven-day period from one or more
applicants seeking approval of permits for more than 30 small wireless facilities, the
Citymay extend the 90-day deadline imposed in Minnesota Statute 237.163 Subd. 3c
by an additional 30 days. If the City elects to invoke this extension, the City must
inform in writing any applicant to whom the extension will be applied.
b)The applicant fails to submit all required documents or information, the City may toll
the 90-day clock ifthe City provides written notice of incompleteness to the applicant
within 30 days of receipt of the application, clearly and specifically delineating all
missing documents or information. Upon an applicant’s submittal of additional
documents or information in response to a notice of incompleteness, the City has ten
days to notify the applicant in writing of any informationrequested in the initial
notice of incompleteness that is still missing.
c)The applicant and City have mutually agreedin writing to extend the 90-day deadline.
Section 304.1211:PERMIT FEES.
Subd. 1: Excavation Permit Fee. The City shall establish an Excavation permit fee in an
amount sufficient to recover the following costs:
a)the City management costs;
b)degradation costs, if applicable.
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Subd. 2: Obstruction Permit Fee. The City shall establish the obstruction permit fee and
shall be in an amount sufficient to recover the City management costs.
Subd. 3: Small Wireless Facility Permit Fees. The City shall establish the small wireless
facility permit fee in an amount sufficient to recover:
a)management costs, and;
b)city engineering, make-ready, and construction costs associated with collocation
of small wireless facilities.
Subd. 3:Payment of Permit Fees. No excavation permit,orobstruction permit, or small
wireless facility permitshall be issued without payment of excavation,orobstruction, or small
wireless facilitypermit fees. The City may allow applicant to pay such fees within thirty (30)
days of billing.
Subd. 4:Non Refundable. Permit fees that were paid for a permit that the City has
revoked for a breach as stated in Section 304.21are not refundable.
Subd. 5: Application to Franchises.Unless other-wise otherwise agreed to in a franchise,
management costs may be charged separately from andin addition to the franchise fees imposed
on a right-of-way user in the franchise.
Section 304.1312:RIGHT-OF-WAY PATCHING AND RESTORATION.
Subd. 1:Timing. 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 unseasonal or unreasonable
under Section 304.15.
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. If, following such restoration, the
pavement settles due to permittee's improper backfilling, the permittee shall pay
to the City, within thirty (30) days of billing, all costs associated with correcting
the defective work.
b)Permittee Restoration. If the permittee restores the right-of-way itself, it shall at
the timeof application for an excavation permit post a construction performance
bond in accordance with the provisions of Minnesota Rule 7819.3000.
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c)Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a
fright-of-way user may elect to pay a degradation fee. However, the right-of-way
user shall remain responsible for patching and the degradation fee shall not
include the cost to accomplish these responsibilities.
Subd. 3:Standards. The permittee shall perform excavation, backfilling,patching and
restoration according to the standards and with the materials specified by the City and shall
comply with Minnesota Rule 7819.1100.
Subd. 4: Duty to Correct Defects. The permittee shall correct defects in patching or
restoration performed by permittee or its agents. The permittee upon notification from the City,
shall correct all restoration work to the extent necessary, using the method required by the City.
Said work shall be completed within five (5) calendar days of the receipt of the notice from the
City, not including days during which work cannot be done because of circumstances
constituting force majeure or days when work is prohibited as unseasonable or unreasonable
under Section 304.15.
Subd. 5: Failure to Restore. If the permittee fails to restore the right-of-way in the
manner and to the condition required by the City, or fails to satisfactorily and timely complete all
restoration required by the City, the City at its option may do such work. In that event the
permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-
of-way. If permittee fails to pay as required, the City may exercise its rights under the
construction performance bond.
Section 304.14: JOINT APPLICATIONS
Subd. 1: Joint Application. Registrants may jointly apply for permits to excavate or
obstruct theright-of-way at thesame place and time.
Subd. 2: Shared Fees.Registrants who apply for permits for the same obstruction or
excavation, which the city does not perform, may share in thepayment of the obstruction or
excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves
as to theportion each will pay and indicate the same on their applications.
Subd. 3: With City Projects. Registrants who join in a scheduledobstruction or
excavation performed by theCity, whether or not it is a joint application by two or more
registrants or a single application, are not required to pay theexcavation or obstruction and
degradation portions of the permit fee, but a permit would still be required.
Section 304.1513:SUPPLEMENTARY APPLICATIONS.
Subd. 1: Limitation on Area. A right-of-way permit is valid only for the area of the right-
of-way specified in the permit. No permittee may do any work outside the area specified in the
permit, except as provided herein. Any permittee which determines that an area greater than that
specified in the permit must be obstructed or excavated must before working in that greater area
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(i) make application for a permit extension and pay any additional fees required thereby, and (ii)
be granted a new permit or permit extension.
Subd. 2:Limitation on Dates. A right-of-way permit is valid only for the dates specified
in the permit. No permittee may begin its work before the permit start date or, except as provided
herein, continue working after the end date. If a permittee does not finish the work by the permit
end date, it must apply for a new permit for the additional time it needs, and receive the new
permit or an extension of the old permit before working after the end date of the previous permit.
This supplementary application must be submitted before the permit end date.
Section 304.14:OTHER OBLIGATIONS.
Subd. 1: Compliance with Other Laws. Obtaining a right-of-way permit does not relieve
permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all
fees required by the City or other applicable rule, law or regulation. A permittee shall comply
with all requirements of local, state and federal laws, including but limited to Minn. Stat.
§216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560.
A permittee shall perform all work in conformance with all applicable codes and established
rules and regulations, and is responsible for all work done in the right-of-way pursuant to its
permit, regardless of who does the work.
Subd. 2: Prohibited Work. Except in an emergency, and with the approval of the City, no
right-of-way obstruction or excavation may be done when seasonally prohibited or when
conditions are unreasonable for such work.
Subd. 3:Interference with Right-of-Way. A permittee shall not so obstruct a right-of-
way that the natural free and clear passage of water through the gutters or other waterways shall
be interfered with. Private 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 tracks must be done solely within the defined permit area unless
specifically authorized by the permit.
Subd.4: 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 7560 and shall require potholing or open cutting over existing
underground utilities before excavating, as determined by the Director. superintendent.
Section 304.15:DENIAL OF PERMIT. The City may deny a permit for failure to meet
the requirements and conditions of this chapter or if the City determines that the denial is
necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way
and its current use.The City will notify the applicant within three business days of denial of a
permitin writingdocumenting the basis for the denial.If the application is denied, the applicant
may address the reasons for denial identified by theCity and resubmit the application. If the
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application is resubmitted within 30 days of receipt of the notice of denial, no additional
application fee shall be imposed. The City must approve or deny the resubmitted application
within 30 days after submission.
Section 304.16:INSTALLATION REQUIREMENTS. The excavation, backfilling,
patching and restoration, and all other work performed in the right-of-way shall be done in
conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local
requirements, in so far as they are not inconsistent with the Minn. Stat. §237.162 and §237.163.
Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter
7560 and these ordinances. Service lateral installation is further subject to those requirements
and conditions set forth by the City in the applicable permits and/or agreements referenced in
Section304.22, Subd. 2of this ordinance.
Section 304.17: INSPECTION.
Subd. 1:Notice of Completion. When the work under any permit hereunder is
completed, the permittee shall furnish a completion certificate in accordance Minnesota Rule
7819.1300.
Subd. 2:Site Inspection. Permittee shall make the work-site available to the City and to
all others as authorized by law for inspection at all reasonable times during the executionof and
upon completion of the work.
Subd 3: Authority of Director. Superintendent.
a)At the time of inspection, the Director Superintendent may order the immediate
cessation of any work which poses a serious threat to the life, health, safety or
well-being of the public.
b)The Director Superintendent may issue an order to the permittee for any work that
does not conform to the terms of the permit or other applicable standards,
conditions, or codes. The order shall state that failure to correct the violation will
be cause for revocation of the permit. Within ten (10) days after issuance of the
order, the permittee shall present proof to the director that the violation has been
corrected. If such proof has not been presented within the required time, the
director may revoke the permit pursuant to Section304.20.
Section 304.18:WORK DONE WITHOUT A PERMIT.
Subd. 1:Emergency Situations. Each registrant shall immediately notify the director of
any event regarding its facilities that it considers to be an emergency. The registrant may proceed
to take whatever actions are necessary to respond to the emergency. Excavators’ notification to
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Gopher State One Call regarding an emergency situation does not fulfill this requirement.
Within two (2) business days after the occurrence of the emergency, the registrant shall apply for
the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements
necessary to bring itself into compliance with this chapter for the actions it took in response to
the emergency.
If the City becomes aware of an emergency regarding a registrant’s facilities, the City
will attempt to contact the local representativeof each registrant affected, or potentially affected,
by the emergency. In any event, the City may take whatever action it deems necessary to
respond to the emergency, the cost of which shall be borne by the registrant whose facilities
occasioned the emergency.
Subd. 2. Non-Emergency Situations. Except in an emergency, any person who, without
first having obtained the necessary permit, obstructs or excavates a right-of-way must
subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay
double 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 of the requirements of this chapter.
Section 304.19:SUPPLEMENTARY NOTIFICATION. If the obstruction or excavation
of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall
notify the City of the accurate information as soon as this information in known.
Section 304.20:REVOCATION OF PERMITS.
Subd. 1: Substantial Breach. The City reserves its right, as provided herein, to revoke
any right-of-way permit without a fee refund, if there is a substantial breach of the terms and
conditions of any statute, ordinance, role or regulation, or any material condition of the permit. A
substantial breach by permittee shall include, but shall not be limited to the following:
a)The violation of any material provision of the right-of-way permit;
b)An evasion or 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 application for the right-of-way
permit;
d)The failure to complete the work in a timely manner, unless a permit extension is
obtained or unless the failure to complete work is due to reasons beyond the
permittee’s control; or
e)The failure to correct, in a timely manner, work that does not conform to a
condition indicated on an order issued pursuant to Section 304.17.
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Subd. 2:Written Notice of Breach. If the City determines that the permittee has
committed a substantial breach of a term or condition of any statutre, ordinance, rule, regulation
or any condition of the permit, the City shall make a written demand upon the permittee to
remedy such violation. The demand shall state that continued violations may be cause for
revocation of the permit. A substantial breach, as stated above, will allow the City, at its
discretion, to place additional or revised conditions on the permit to mitigate and remedy the
breach.
Subd. 3: Response to Notice of Breach. Within twenty-four (24) hours of receiving
notification of the breach, permittee shall provide the City with a plan, acceptable to the City,
that will cure the breach. Permittee's failure to so contact the City, or permittee's failure to timely
submit an acceptable plan, or permittee's failure to reasonably implement the approved plan,
shall be cause for immediate revocation of the permit. Further, permittee's failure to so contact
the City, or permittee's failure to submit an acceptable plan, or permittee's failure to reasonably
implement the approved plan, shall automatically place the permittee on probation for one (1)
full year.
Subd. 4: Cause for Probation. From time to time, the City may establish a list of
conditions of the permit, which if breached will automatically place the permittee on probation
for one fall year, such as, but not limited to, working out of the allotted time period or working
on right-of-way grossly outside of the permit authorization.
Subd. 5:Automatic Revocation. If a permittee, while on probation, commits a breach as
outlined above, permittee's permit will automatically be revoked and permittee will not be
allowed further permits for one fuall year, except for emergency repairs.
Subd. 6: Reimbursement of City Costs. If a permit is revoked, the permittee shall also
reimburse the City for the City's reasonable costs, including restoration costs and the costs of
collection and reasonable attorneys' fees incurred in connection with such revocation.
Section 304.21:MAPPING DATA.
Subd. 1:Information Required. Each registrant and permittee shall provide mapping
information required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100.
(3.Within ninety (90) days following completion of any work pursuant to a permit, the permittee
shall provide the director accurate maps and drawings certifying the "as-built" location of all
equipment installed, owned and maintained by the permittee. Such maps and drawings shall
include the horizontal and vertical location of all facilities and equipment and shall be provided
consistent with the City's electronic mapping system, when practical or as a condition imposed
by the director. Failure to provide maps and drawings pursuant to this subsection shall be
grounds for revoking the permit holder's registration.
Subd. 2:Service Laterals. All permits issued for the installation or repair of service
laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall
require the permittee’s use of appropriate means of establishing the horizontal locations of
installed service laterals, and the service lateral vertical locations inthose cases where the
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director reasonably requires it. Permittees or their subcontractors shall submit to the director
evidence satisfactory to the director of the installedservicelateral locations. Compliance with
this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules
governing service laterals installed after December 31, 2005 shall be a condition of any city
approval necessary for:
a)Payments to contractors working on a public improvement project including those under
Minnesota Statutes Chapter 429; and
a)b)City approval under development agreements or other subdivision or site plan
approval under Minnesota Statutes Chapter 462. The director shall reasonably determine
the appropriate method of providing such information to the City. Failure to provide
prompt and accurate information on the service laterals installed may result in the
revocation of the permit issued for the work or for future permits to the offending
permittee or its subcontractors.
Section 304.22:LOCATION AND RELOCATION OF FACILITIES.
Subd. 1:Placement, Location, and Relocation. Placement, location, and relocation of
facilities must comply with the Act,with other applicable law, and with Minnesota Rules
7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise
available to cities.
Subd. 2: Undergrounding. Unless otherwise permitted by an existing franchise or other
agreement, or unless existing above-ground facilities arerepaired,facilities must be located or
relocated and maintained undergroundor contained within buildings or other structuresin
conformitywith applicable codes.
Subd. 2: Corridors. The City may assign a specific area within the right-of-way, or any
particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to
current technology, the City expects will someday be located within the right-of-way. All
excavation, obstruction, or other permits issued by the City involving the installation or
replacement of facilities shall designate the proper corridor for the facilities at issue.
Any registrant who has facilities in the right-of-way in a position at variance with the
corridors established by the City shall, no later than at the time of the next reconstruction or
excavation of the area where the facilities are located, move the facilities to the assigned position
within the right-of-way, unless this requirement is waived by the City for good cause shown,
upon consideration of such factors as the remaining economic life of the facilities, public safety,
customer service needs and hardship to the registrant.
Subd. 3: Nuisance. One year after the passage of this chapter, any facilities found in a
right-of-way that have not been registered shall be deemed to be a nuisance. The City may
exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the
nuisance or taking possession of the facilities and restoring the right-of-way to a useable
condition.
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Subd. 4: Limitation of Space. To protect health, safety, and welfare, or when necessary
to protect the right-of-way and its current use, the City shall have the power to prohibitor limit
the placement of new or additional facilities within the right-of-way, In making such decisions,
the City shall strive to the extent possible to accommodate allexisting 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 utility service, the condition of the right-of-way, the time of year with
respect to essential utilities, the protection of existing facilities in the right-of-way, and future
City plans for public improvements and development projects which have been determined to be
in the public interest.
Section 304.23:PRE-EXCAVATION FACILITIES LOCATION. In addition to
complying with the requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice
System") before the start date of any right-of-way excavation, each registrant who has facilities
or equipment in the area to be excavated shall mark the horizontal and vertical placement of al1
said facilities. Any registrant whose facilities are less than twenty (20) inches below a concrete
or asphalt surface shall notify and work closely with the excavation contractor to establish the
exact location of its facilities and the best procedure for excavation.
Section 304.24:DAMAGE TO OTHER FACILITIES. When the City does work in the
right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to
protect it, the City shall notify the local representative as early as is reasonably possible. The
costs associated therewith will be billed to that registrant and must be paid within thirty(30) days
from the date of billing. Each registrant shall be responsible for the cost of repairing any
facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible
for the cost of repairing any damage to the facilities of another registrant caused during the City's
response to an emergency occasioned by that registrant's facilities.
Section 304.25:RIGHT-OF-WAY VACATION.
Subd. 1: Reservation of Right. If the City vacates a right-of-way that contains the
facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by
Minnesota Rules 7819.3200.
Section 304.26:INDEMNIFICATION AND LIABILITY. By registering with the City,
or by accepting a permit under this chapter, a registrant or permittee agrees to defend and
indemnify the City in accordance with the provisions of Minnesota Rule 7819.1250.
Section 304.27:ABANDONED AND UNUSABLE FACILITIES.
Subd. 1: Discontinued Operations. A registrant who has determinedto discontinue all or
a portion of its operations in the City must provide information satisfactory to the City that the
registrant's obligations for its facilities in the right-of-way under this chapter have been lawfully
assumed by another registrant.
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CHAPTER III –PUBLIC PROPERTY & IMPROVEMENTS
Subd. 2:Removal. Any registrant who has abandoned facilities in any right-of-way shall
remove it from that right-of-way if required in conjunction with other right-of-way repair,
excavation, or construction, unless this requirement is waived by the City.
Section 304.28:APPEAL. A right-of-way user that: (I) has been denied registration; (2)
has been denied a permit; (3) has had a permit revoked; (4) believes that the fees imposed are not
in conformity with Minn. Stat. § 237.163, Subd. 6; or (5) disputes a determination of the director
regarding Section 304.22, Subd. 2ofrthis ordinance may have the denial, revocation, fee
imposition, or decision reviewed, upon written request, by the City Council. The City Council
shall act on a timely written request at its next regularly scheduled meeting, provided the right-
of-way user has submitted its appeal with sufficient time to include the appeal as a regular
agenda item. A decision by the City Council affirming the denial, revocation, or fee imposition
will be in writing and supported by written findings establishing the reasonableness of the
decision.
Section 304.29: RESERVATION OF REGULATORY AND POLICE POWERS.A
permittee’s or registrant’srights are subject to the regulatory and police powers of the City to
adopt and enforce general ordinances as necessary to protect the health, safety, and welfare of
thepublic.
Section 304.29:SEVERABILITY. If any portion of this chapter is for any reason held
invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof. Nothing in this chapter precludes the City from requiring a franchise agreement
with the applicant, as allowed by law, in addition to requirements set forth herein.
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