HomeMy WebLinkAboutTITLE 08 Public Ways And Property
TITLE 8
PUBLIC WAYS AND PROPERTY
Subject Chapter
Boulevard Use ........................................................... 1
Public Right-Of-Way Management ............................ 2
Watercraft On Rum River .......................................... 3
Parks And Recreation Areas ..................................... 4
Street Lighting System .............................................. 5
Vacations; Street Name Changes ............................. 6
Watercraft on Crooked Lake ...................................... 7
CHAPTER 1
BOULEVARD USE
SECTION:
8-1-1: Maintenance Required
8-1-2: Improvements To Boulevard Areas
8-1-3: Paramount Use By City And Utility Companies
8-1-4: Prohibited Encroachments; Exceptions
8-1-5: Violation; Enforcement
8-1-1: MAINTENANCE REQUIRED: Except as prohibited by this
chapter or by other provisions of city ordinances, the owner or occupant of
property abutting a public right-of-way shall be responsible for maintenance of
the boulevard on their property. At a minimum, the grass shall be cut and any
trees or shrubs shall be maintained. (Ord. 106, 9-6-1994)
8-1-2: IMPROVEMENTS TO BOULEVARD AREAS: The planting of
trees is prohibited in the city right-of-way unless approved as a part of the platting
process, however improvements to boulevard areas, except as noted in Section
8-1-4 of this chapter, may be allowed as long as such improvement does not
impair, interfere with, or offer a potential threat of damage to city vehicles when
snowplowing. The city shall not be responsible or liable for injury to or from such
improvements, and the owner or occupant, by placing or using boulevard areas
for improvements, agrees in doing so to hold the city harmless for any and all
claims of any injury or damage to or from such improvements. Any city owned
equipment, such as sewer and water lines, damaged or impaired by such
boulevard improvement, shall be remedied at the homeowner's or occupant's
cost. (Ord. 106, 9-6-1994; Amended Ord. 426, 1-2-13)
8-1-3: PARAMOUNT USE BY CITY AND UTILITY COMPANIES: The
city, its agents and/or any utility company authorized by law or the city to use the
boulevard areas shall have a paramount right to use the area subject to control
by the city. Any improvements in the boulevard shall be removed at the owner's
or occupant's expense if the boulevard is needed for a paramount use. The city
or its agents or utility company shall not be liable for the repair or replacement of
such boulevard improvements damaged or removed during authorized work in
the boulevard. (Ord. 106, 9-6-1994)
8-1-4: PROHIBITED ENCROACHMENTS; EXCEPTIONS:
A. No encroachment of any kind shall be permitted within a sight triangle as
defined in Subsection 12-2-2 of this code.
B. No encroachment shall be permitted without City Council approval within
eight feet (8') of the curb in urban areas and to the rear of the ditch in
rural areas. In cases where there is no ditch, the distance shall be eight
feet (8'). The City Council may determine that certain temporary
encroachments may be allowed for health, safety and general welfare
reasons and will be handled on an as needed/request basis. (Ord. 106A,
7-15-2003)
8-1-5: VIOLATION; ENFORCEMENT: A violation of this chapter shall
constitute a misdemeanor. The City Administrator or authorized designee, along
with the City Attorney, shall be responsible for enforcement of this chapter. (Ord.
106, 9-6-1994)
CHAPTER 2
PUBLIC RIGHT-OF-WAY MANAGEMENT
SECTION
8-2-1: Findings, Purpose, and Intent
8-2-2: Election to Manage the Public Right-of-Way
8-2-3: Definitions
8-2-4: Administration
8-2-5: Utility Coordination Committee
8-2-6: Registration and Right-of-Way Occupancy
8-2-7: Registration Information
8-2-8: Reporting Obligations
8-2-9: Permit Requirement
8-2-10: Permit Application
8-2-11: Issuance of Permit; Conditions
8-2-12: Action on Small Wireless Facility Permit Applications
8-2-13: Permit Fees as Identified in the Fee Schedule
8-2-14: Right-of-Way Patching and Restoration
8-2-15: Joint Applications
8-2-16: Supplementary Applications
8-2-17: Other Obligations
8-2-18: Denial or Revocation of Permit
8-2-19: Installation Requirements
8-2-20: Inspection
8-2-21: Work Done Without a Permit
8-2-22: Supplementary Notification
8-2-23: Revocation of Permit
8-2-24: Mapping Data
8-2-25: Location and Relocation of Facilities
8-2-26: Pre-Excavation Facilities Location
8-2-27: Damage to Other Facilities
8-2-28: Right-of-Way Vacation
8-2-29: Indemnification and Liability
8-2-30: Abandoned and Unusable Facilities
8-2-31: Appeal
8-2-32: Reservation of Regulatory and Public Powers
8-2-33: Severability
8-2-1: 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 of Andover 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 Minnesota Statutes Sections 237.16, 237.162,
237.163, 237.79, 237.81, and 238.086 (the "Act") and 2017 Session Laws,
Chapter 94 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 —7819.9950 and Minnesota Rules
Chapter 7560 where 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.
8-2-2: ELECTION TO MANAGE THE PUBLIC RIGHT-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.
8-2-3: 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: 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.
APPLICANT: Any person requesting permission to excavate or
obstruct a right-of-way.
CITY: The City of Andover, Minnesota. For purposes of
section 8-2-29, City also means the City’s elected
officials, officers, employees and agents.
COLLOCATE OR
COLLOCATION: To install, mount, maintain, modify, operate, or replace a
small wireless facility on, under, within, or adjacent to an
existing wireless support structure or utility pole that is
owned privately, or by the City or another governmental
unit.
COMMISSION: The State Public Utilities Commission.
CONGESTED
RIGHT-OF-WAY: 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
Minnesota Statutes, section 216D.04 subdivision 3, over a
continuous length in excess of 500 feet.
CONSTRUCTION
PERFORMANCE
BOND: Any of the following forms of security provided at
permittee's option:
• Individual project bond;
• Cash deposit;
• Security of a form listed or approved under Minn. Stat.
Sec. 15.73, subd. 3;
• Letter of Credit, in a form acceptable to the City;
• Self-insurance, in a form acceptable to the City;
• 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: 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: 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: The department of public works of the City.
DIRECTOR: The director of the department of public works of the City, or
her or his designee.
DELAY PENALTY: The penalty imposed as a result of unreasonable delays in
right-of-way excavation, obstruction, patching, or restoration
as established by permit.
EMERGENCY: 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: Any tangible asset used to install, repair, or maintain
facilities in any right-of-way.
EXCAVATE: To dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
EXCAVATION
PERMIT: 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
part of the right-of-way described in such permit.
EXCAVATION
PERMIT FEE: Money paid to the City by an Applicant to cover the costs
as provided in Section 8-2-13.
FACILITY OR
FACILITIES: Any tangible asset in the right-of-way required to provide
utility service.
FIVE-YEAR
PROJECT PLAN: Shows projects adopted by the City for construction within
the next five years.
HIGH DENSITY
CORRIDOR: A designated portion of the public right-of-way within which
telecommunications right-of-way users having multiple and
competing facilities may be required to build and install
facilities in a common conduit system or other common
structure.
HOLE: An excavation in the pavement, with the excavation
having a length less than the width of the pavement.
LOCAL
REPRESENTATIVE:
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
COSTS: The actual costs the City incurs in managing its rights-of-
way, including 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
during right-of-way work; determining the adequacy of right-
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 payment by a
telecommunications right-of-way user for the use of the
right-of-way, unreasonable fees of a third-party contractor
used by the City including fees tied to or based on customer
counts, access lines, or revenues generated by the right-of-
way or for the City, the fees and cost of litigation relating to
the interpretation of Minnesota Session Laws 1997, Chapter
123; Minnesota Statutes Sections 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
8-2-31 of this chapter.
OBSTRUCT: 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.
OBSTRUCTION
PERMIT: 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: Money paid to the City by a permittee to cover the costs as
provided in Section 8-2-13.
PATCH OR
PATCHING: 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 project plan.
PAVEMENT: 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 Minnesota
Statutes, section 237.162.
PERMITTEE: Any person to whom a permit to excavate or obstruct a
right-of-way has been granted by the City under this
chapter.
PERSON: 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.
PROBATION: The status of a person that has not complied with the
conditions of this chapter.
PROBATIONARY
PERIOD: One year from the date that a person has been notified in
writing that they have been put on probation.
REGISTRANT: 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: The process by which an excavated right-of-way and
surrounding area, including pavement and foundation, is
returned to the same condition and life expectancy that
existed before excavation.
RESTORATION
COST: 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-WAY:
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-way does not include
the airwaves above a right-of-way with regard to cellular
or other nonwire telecommunications or broadcast
service.
RIGHT-OF-WAY
PERMIT: Either the excavation permit or the obstruction permit, or
both, depending on the context, required by this chapter.
RIGHT-OF-WAY
USER: (1) A telecommunications right-of-way user as defined by
Minnesota Statutes, section 237.162, subd. 4; or (2) a
person owning 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 systems as 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.
SERVICE LATERAL:
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: A wireless facility that meets both of the following
qualifications:
(i) each antenna is located inside an enclosure of no
more than six cubic feet in volume or could fit within
such an enclosure; and
(ii) all other wireless equipment associated with the small
wireless facility provided such equipment is, in
aggregate, no more than 28 cubic feet in volume, not
including 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.
SUPPLEMENTARY
APPLICATION: 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.
TEMPORARY
SERVICE: 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 except when the replacement is of
pavement included in the City's two-year plan, in
which case it is considered full restoration.
TRENCH: An excavation in the pavement, with the excavation
having a length equal to or greater than the width of
the pavement.
TELECOMMUNICATIONS
RIGHT-OF-WAY USER: A person owning or controlling a facility in the right-
of-way, or seeking to own or control a facility in the
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 cable communication
system defined and regulated under Minn. Stat.
Chap. 238, and telecommunication activities related
to providing natural gas or electric energy services, 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 purposes of this chapter except
to the extent such entity is offering wireless service.
TWO YEAR PROJECT
PLAN: Shows projects adopted by the City for construction
within the next two years.
UTILITY POLE: A pole that is used in whole or in part to facilitate
telecommunications or electric service.
WIRELESS FACILITY: Equipment at a fixed location that enables the
provision of wireless services between user
equipment and a wireless service network, including
equipment associated with wireless service, a radio
transceiver, antenna, coaxial or fiber-optic cable,
regular and backup power supplies, and a small
wireless facility, but not including wireless support
structures, wireline backhaul facilities, or cables
between utility poles or wireless support structures, or
not otherwise immediately adjacent to and directly
associated with a specific antenna.
WIRELESS SERVICE: 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
the Communications Act of 1934, as amended,
including cable service.
WIRELESS SUPPORT
STRUCTURE: A new or existing structure in a right-of-way
designed to support or capable of supporting small
wireless facilities, as reasonably determined by the
City.
8-2-4: ADMINISTRATION: The Director is the principal City official
responsible for the administration of the rights-of-way, right-of-way permits, and
the ordinances related thereto. The Director may delegate any or all of the duties
hereunder.
8-2-5: UTILITY COORDINATION COMMITTEE: The City may create an
advisory utility coordination committee. Participation on the committee is
voluntary. It will be composed of any registrants that wish to assist the City in
obtaining information and, by making recommendations regarding use of the
right-of-way, and to improve the process of performing construction work therein.
The City may determine the size of such committee and shall appoint members
from a list of registrants that have expressed a desire to assist the City.
8-2-6: REGISTRATION AND RIGHT-OF-WAY OCCUPANCY:
A. 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 with the City. Registration will consist of
providing application information
B. 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.
C. Exceptions. Nothing herein shall be construed to repeal or amend the
provisions of a City ordinance permitting persons to plant or maintain boulevard
plantings or gardens in the area of the right-of-way between their property and
the street curb. Persons planting or maintaining boulevard plantings or gardens
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.
Stat. Chap. 216D, Gopher One Call Law.
8-2-7: REGISTRATION INFORMATION: Information Required. The
information provided to the City at the time of registration shall include, but not be
limited to:
1. Each registrant's name, Gopher One-Call registration certificate
number, address and e-mail address, if applicable, and telephone and
facsimile numbers.
2. 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.
3. A certificate of insurance or self-insurance:
a. 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;
b. 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 and
collapse of property;
c. 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;
d. Requiring that the City be notified thirty (30) days in advance
of cancellation of the policy or material modification of a
coverage term; and
e. Indicating comprehensive liability coverage, automobile liability
coverage, workers compensation and umbrella coverage
established by the City in amounts sufficient to protect the City
and the public and to carry out the purposes and policies of this
chapter.
f. The City may require a copy of the actual insurance policies.
g. If the person is a corporation, a copy of the certificate is required
to be filed under Minn. Stat. Sec. 300.06 as recorded and certified
to by the Secretary of State.
h. A copy of the person's order granting a certificate of authority
from the Minnesota Public Utilities Commission or other
authorization or approval from the applicable state or federal
agency to lawfully operate, where the person is lawfully required to
have such authorization or approval from said commission or other
state or federal agency.
B. 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.
8-2-8: REPORTING OBLIGATIONS:
A. Operations. Each registrant shall, at the time of registration and by
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:
1. 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
2. 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.
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.
B. 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.
8-2-9: PERMIT REQUIREMENT:
A. Permit Required. Except as otherwise provided in this 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.
1. 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.
2. 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.
3. Small Wireless Facility Permit. A small wireless facility permit is
required by a registrant to erect or install a wireless support structure, to
collocate a small wireless facility, or to otherwise install a small wireless
facility in the specified portion of 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. In addition to a
permit for an area zoned Residential a Conditional Use Permit shall be
required.
B. 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 (ii) a new permit or permit extension is granted.
C. Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3 and
notwithstanding subd. 2 of this Section, the City shall establish and impose a
delay penalty for 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 as identified in the Fee Schedule.
D. 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.
8-2-10: PERMIT APPLICATION: 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:
1. Registration with the City pursuant to this chapter;
2. 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.
3. Payment of money due for the following items is at the City’s discretion
and as identified in the Fee Schedule:
a. permit fees, estimated restoration costs and other management
costs;
b. prior obstructions or excavations;
c. 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;
d. franchise fees or other charges, if applicable.
4. Payment of disputed amounts due to the City by posting security or
depositing in an escrow account an amount equal to at least 110% of
the amount owing.
5. 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.
8-2-11: ISSUANCE OF PERMIT; CONDITIONS:
A. Permit Issuance. If the Applicant has satisfied the requirements of this
chapter, the City shall issue a permit.
B. Conditions. The City may impose reasonable conditions upon the issuance
of the permit and the performance of the Applicant thereunder to protect the
health, safety and welfare or when necessary to protect the right-of-way and its
current use. In addition, a permittee shall comply with all requirements of local,
state and federal laws, including but not limited to Minnesota Statutes §§
216D.01 - .09 (Gopher One Call Excavation Notice System) and Minnesota
Rules Chapter 7560.
C. Small Wireless Facility Conditions. In addition to subdivision B, 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 the right-of-way,
shall be subject to the following conditions: A small wireless facility shall only be
collocated on the particular wireless support structure, under those attachment
specifications, and at the height indicated in the applicable permit application.
1. No new wireless support structure installed within the right-of-way
shall exceed 50 feet in height without the City’s written authorization,
provided that the City may impose a lower height limit in the applicable
permit 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 same height subject to such conditions or
requirements as may be imposed in the applicable permit.
2. No wireless facility may extend more than 10 feet above its wireless
support structure.
3. Where an Applicant proposes to install a new wireless support
structure in the right-of-way, the City may impose separation
requirements between such structure and any existing wireless support
structure or other facilities in and around the right-of-way.
4. Where an Applicant proposes collocation on a decorative wireless
support structure, sign or other structure not intended to support small
wireless facilities, the City may impose reasonable requirements to
accommodate the particular design, appearance or intended purpose
of such structure.
5. 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.
6. City has the authority to approve aesthetics of structure/equipment
consistent with the character of the area.
D. 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 small wireless facility collocation agreement with the City. The standard
collocation agreement may require payment of the following:
1. Up to $150 per year for rent to collocate on the City structure.
2. $25 per year for maintenance associated with the collocation.
3. A monthly fee for electrical service as follows:
a. $73 per radio node less than or equal to 100 maximum watts;
b. $182 per radio node over 100 maximum watts; or
c. The actual costs of electricity, if the actual cost exceeds the
foregoing.
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 shall
not 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 the City and Applicant.
8-2-12: ACTION ON SMALL WIRELESS FACILITY PERMIT
APPLICATIONS:
A. 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 approve or deny the application within the
review periods established in this section.
B. Consolidated Applications. An Applicant may file a consolidated small
wireless facility permit application addressing the proposed collocation of up to
15 small wireless facilities, or a greater number if agreed to by a local
government unit, provided that all small wireless facilities in the application:
1. are located within a two-mile radius;
2. consist of substantially similar equipment; and
3. are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the City may
approve some small wireless facilities and deny others but may not use denial of
one or more permits as a basis to deny all small wireless facilities in the
application.
C. Tolling of Deadline. The 90-day deadline for action on a small wireless
facility permit application may be tolled if:
1. The City receives applications from one or more Applicants seeking
approval of permits for more than 30 small wireless facilities within a
seven-day period. In such case, the City may extend the deadline for all
such applications by 30 days by informing the affected Applicants in
writing of such extension.
2. The Applicant fails to submit all required documents or information and
the City provides written notice of incompleteness to the Applicant within
30 days of receipt the application. Upon submission of additional
documents or information, the City shall have ten days to notify the
Applicant in writing of any still-missing information.
3. The City and a small wireless facility Applicant agree in writing to toll the
review period.
8-2-13: PERMIT FEES AS IDENTIFIED IN THE FEE SCHEDULE:
A. Excavation Permit Fee. The City shall impose an excavation permit fee
in an amount sufficient to recover:
1. management costs;
2. degradation costs, if applicable.
B. Obstruction Permit Fee. The City shall impose an obstruction permit fee in
an amount sufficient to recover management costs.
C. Small Wireless Facility Permit Fee. The City shall impose a small wireless
facility permit fee in an amount sufficient to recover:
1. management costs, and;
2. City engineering, make-ready, and construction costs associated with
collocation of small wireless facilities.
D. Payment of Permit Fees. No excavation permit or obstruction permit shall
be issued without payment of excavation or obstruction permit fees. The City
may allow Applicant to pay such fees within thirty (30) days of billing.
E. Non-Refundable. Permit fees that were paid for a permit that the City has
revoked for a breach as stated in Section 8-2-23 are not refundable.
F. Application to Franchises. Unless otherwise agreed to in a franchise,
management costs may be charged separately from and in addition to the
franchise fees imposed on a right-of-way user in the franchise.
8-2-14: RIGHT-OF-WAY PATCHING AND RESTORATION:
A. 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 8-2-16.
B. Patch and Restoration. Permittee shall patch its own work within
fourteen (14) days of completion of the work. The City may choose either to
have the permittee restore the right-of-way or to restore the right-of-way itself.
1. 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.
2. Permittee Restoration. If the permittee restores the right-of-
way itself, it shall at the time of application for an excavation
permit post a construction performance bond in accordance with
the provisions of Minnesota Rule 7819.3000.
3. Degradation Fee in Lieu of Restoration. In lieu of right-of-way
restoration, a right-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.
C. 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.
D. 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 8-2-16.
E. 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.
8-2-15: JOINT APPLICATIONS:
A. Joint application. Registrants may jointly apply for permits to excavate or
obstruct the right-of-way at the same place and time.
B. Shared fees. Registrants who apply for permits for the same obstruction or
excavation, which the City does not perform, may share in the payment of the
obstruction or excavation permit fee. In order to obtain a joint permit, registrants
must agree among themselves as to the portion each will pay and indicate the
same on their applications.
C. With City projects. Registrants who join in a scheduled obstruction or
excavation performed by the City, whether or not it is a joint application by
two or more registrants or a single application, are not required to pay the
excavation or obstruction and degradation portions of the permit fee, but a
permit would still be required.
8-2-16: SUPPLEMENTARY APPLICATIONS:
A. 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 (i) make
application for a permit extension and pay any additional fees required thereby,
and (ii) be granted a new permit or permit extension.
B. 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.
8-2-17: OTHER OBLIGATIONS:
A. 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 not limited to Minnesota Statutes, Section 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.
B. 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.
C. 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 trucks
must be done solely within the defined permit area unless specifically authorized
by the permit.
D. 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.
8-2-18: DENIAL OR REVOCATION OF PERMIT:
A. Reasons for Denial. 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.
B. Procedural Requirements. The denial or revocation of a permit must be
made in writing and must document the basis for the denial. The City must notify
the Applicant or right-of-way user in writing within three business days of the
decision to deny or revoke a permit. If an application is denied, the right-of-way
user may address the reasons for denial identified by the City and resubmit its
application. If the application is resubmitted within thirty (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 thirty (30) days after
submission.
8-2-19: 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
Minnesota Statutes, Sections 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 Section 8-2-24B of this ordinance.
8-2-20: INSPECTION:
A. 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.
B. 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 execution of and upon completion of the work.
C. Authority of Director.
1. At the time of inspection, the Director may order the immediate
cessation of any work which poses a serious threat to the life, health,
safety or well-being of the public.
2. The Director 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 Sec. 8-2-23.
8-2-21: WORK DONE WITHOUT A PERMIT:
A. 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 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 representative of 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.
B. 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.
8-2-22: 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 is known.
8-2-23: REVOCATION OF PERMITS:
A. 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, rule or regulation, or any material
condition of the permit. A substantial breach by permittee shall include, but shall
not be limited to, the following:
1. The violation of any material provision of the right-of-way permit;
2. 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;
3. Any material misrepresentation of fact in the application for a right-of-
way permit;
4. 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
5. The failure to correct, in a timely manner, work that does not conform
to a condition indicated on an order issued pursuant to Sec 8-2-20.
B. Written Notice of Breach. If the City determines that the permittee has
committed a substantial breach of a term or condition of any statute, 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.
C. 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.
D. 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 full 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.
E. 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 full year, except for emergency repairs.
F. 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.
8-2-24: MAPPING DATA:
A. Information Required. Each registrant and permittee shall provide
mapping information required by the City in accordance with Minnesota
Rules 7819.4000 and 7819.4100. 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, owed 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.
B. 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 in those cases where the Director
reasonably requires it. Permittees or their subcontractors shall submit to
the Director evidence satisfactory to the Director of the installed service
lateral locations. Compliance with this Subdivision B 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:
1. Payments to contractors working on a public improvement project
including those under Minnesota Statutes Chapter 429; and
2. 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 future permits to
the offending permittee or its subcontractors.
8-2-25: LOCATION AND RELOCATION OF FACILITIES:
A. 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.
B. Undergrounding. Unless otherwise agreed in a franchise or other agreement
between the applicable right-of-way user and the City, facilities in the right-of-way must
be located or relocated and maintained underground in accordance with Section 11-
4-13 of the City Code.
C. 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.
D. 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.
E. 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 prohibit or 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 all existing and potential users of the right-of-way, but shall be
guided primarily by considerations of the public interest, the public's needs for the
particular 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.
8-2-26: 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 all 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.
2-8-27: 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.
8-2-28: RIGHT-OF-WAY VACATON: 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.
8-2-29: 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.
8-2-30: ABANDONED AND UNUSABLE FACILITIES:
A. Discontinued Operations. A registrant who has determined to 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.
B. 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.
8-2-31: APPEAL: A right-of-way user that: (1) 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 Section8-2-23
Subd. B of this 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.
8-2-32: RESERVATION OF REGULATORY AND PUBLIC POWERS: A
permittee’s rights are subject to the regulatory and public powers of the City to
adopt and enforce general ordinances as necessary to protect the health, safety
and welfare of the public.
8-2-33: 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.
CHAPTER 3
WATERCRAFT ON RUM RIVER
SECTION:
8-3-1: Purpose
8-3-2: Definitions
8-3-3: Slow No-Wake Speed And Zones
8-3-4: Information, Notices And Markings
8-3-5: Exemptions From Provisions
8-3-6: Enforcement
8-3-7: Violation A Misdemeanor
8-3-1: PURPOSE: It is the purpose of the city to regulate the operation
and speed of watercraft on the Rum River. The limitations contained in this
chapter are designed to prevent and limit the erosion that is occurring to the
banks and shoreline of the Rum River within the city. The heavy wakes from
waterskiing, jet skiing and speed boating create wave action that is eroding the
shoreline, banks and bluffs along the river and is adverse to the public's interest
in maintaining and preserving the shoreline. People swimming, canoeing and
using the river more passively are placed in jeopardy by waterskiing, jet skiing
and speed boating. This chapter is designed to protect the health, safety and
general welfare of the public. (Ord. 231, 4-20-1999)
8-3-2: DEFINITIONS: The following words and phrases, when used in this
chapter, shall have the meanings set forth as follows:
OPERATE: To navigate or otherwise use a watercraft.
PERSON: Includes an individual, partnership, corporation or any
body of persons, whether incorporated or formed as an
association or not.
RUM RIVER: That body of water that borders the cities of Andover and
Ramsey.
SLOW NO-WAKE: The operation of a watercraft at the slowest possible
speed necessary to maintain steerage and in no case
greater than five (5) miles per hour.
WATERCRAFT: As defined in Minnesota Statutes Section 86B.005,
Subdivision 18. (Ord. 231, 4-20-1999)
8-3-3: SLOW NO-WAKE SPEED AND ZONES:
A. No person shall operate a watercraft at greater than a slow no-wake
speed (5 miles per hour) within the following slow no-wake zones in the
Rum River identified on the map attached to Ordinance 231 on file in the
office of the City Clerk for public use and inspection: (Ord. 231, 4-20-
1999; amd. 2003 Code)
Zone Location (Mile Marker)
1 4.4 - 5.2
B. The slow no-wake zone shall be in effect twenty-four (24) hours a day, all
year. (Ord. 231, 4-20-1999)
8-3-4: INFORMATION, NOTICES AND MARKINGS: The County Sheriff's
Department shall be responsible for informing the public, posting notification at all
public accesses and marking or buoying all slow no-wake zones affected by this
chapter as necessary to give reasonable notice to the speed restrictions
established. (Ord. 231, 4-20-1999)
8-3-5: EXEMPTIONS FROM PROVISIONS:
A. Authorized resource management, emergency and enforcement
personnel, when acting in the performance of their duties, shall be
exempt from the provisions of this chapter.
B. Temporary exemptions from this chapter may be granted to local,
state or federal law enforcement agencies. (Ord. 231, 4-20-1999)
8-3-6: ENFORCEMENT: Primary responsibility for enforcement of this
chapter shall rest with the County Sheriff's Department. This, however shall not
preclude enforcement by other licensed peace officers. (Ord. 231, 4-20-1999)
8-3-7: VIOLATION A MISDEMEANOR: Any person violating any
provision of this chapter shall be guilty of a misdemeanor as defined by state law.
(Ord. 231, 4-20-1999)
CHAPTER 4
PARKS AND RECREATION AREAS
SECTION:
8-4-1: Regulations
8-4-2: Violations; Penalties
8-4-1: REGULATIONS: The use and occupancy of all city parks,
recreation areas, and open space owned, rented and/or leased by and located in
the city shall be subject to the following regulations (Amended Ord. 399, 9-7-10):
A. Abusive Language; Noisy Conduct: Persons engaged in offensive,
obscene or abusive language or boisterous and noisy conduct tending
reasonably to arouse alarm, anger or resentment will not be allowed.
B. Advertising, Selling And Solicitation: No advertising, unapproved selling
or solicitation is allowed. An Exclusive Use Permit may be approved by
the City Council and issued by the City Clerk for the selling of food,
alcoholic or nonalcoholic beverages as established by City Council
resolution.
C. Alcoholic Beverages: Consumption or possession of alcoholic
beverages is not permitted unless a permit is obtained under
Subsection B of this section.
D. Fires 1 : It shall be unlawful to build or attempt to build a fire except in
areas designated for such purpose. No person shall drop, throw, or
otherwise scatter lighted matches, burning cigarettes or cigars, tobacco,
paper or other flammable material.
E. Firearms And Explosives: No firearms (as defined by city ordinance) 2 or
explosives shall be present or used unless approved by the City Council.
Authorized law enforcement officials shall be exempt from this
regulation.
F. Gambling: Gambling shall not be allowed.
G. Golfing: No person shall be allowed to golf or practice golf.
1 See also title 7, chapter 3 of this code.
2 See subsection 5-4-1A of this code.
H. Hours: City parks, recreation areas, and open space shall not be
occupied or used, nor may any motor vehicles be parked therein,
between eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M., except
when participating in an activity for which a permit has been granted by
the city. The Skate Park located at Sunshine Park is not to be
occupied or used from dusk to dawn. (Amended Ord. 399, 9-7-10;
Amended Ord. 402, 12-21-10)
I. Operation Of Motor Vehicles:
1. No person shall ride or drive a vehicle at a rate of speed exceeding that
posted in city parks or fifteen (15) miles per hour.
2. Drivers shall confine the operation of any motorized vehicle to roads,
parking areas, or other areas specifically designated as temporary parking
areas by the City Council and/or their designated representatives.
3. It shall be unlawful for any self-propelled vehicle, including, but not
limited to, "motor vehicles" as defined in Minnesota Statutes Chapter 169,
other self-propelled vehicles, go-carts, and snowmobiles, to travel within
city parks, recreation areas, or open space, except on established
roadways, trails, or other areas designated for such purpose. Authorized
emergency vehicles, city vehicles and wheelchairs for the handicapped or
disabled are exempt from this regulation 1 . (Amended Ord. 399, 9-7-10)
J. Damage To Park Or Open Space Property: It shall be unlawful to mark,
deface, disfigure, injure, tamper with or dispose of or remove any
buildings, bridges, playground equipment, tables, benches, fireplaces,
railings, paving or paving materials, public utilities or parts or
appurtenances thereof, signs, notices (temporary or permanent),
monuments, stakes, posts, equipment, facilities or park property or
appurtenances, whatsoever, either real or personal. (Amended Ord. 399,
9-7-10)
K. Pets And Animals:
1. Leashed Animals: All domestic animals (such as dogs, cats and similar
animals) must be kept leashed 2 . Exception: Dogs are allowed to be
unleashed in a designated and/or authorized municipal or county dog park
area. (Amended Ord. 402, 12-21-10)
2. Removal Of Excrement: Owners are required to clean up and dispose
1 See title 6, chapter 3 of this code.
2 See also subsection 5-1A-5A of this code.
of their pet's excrement 3 .
3. Horses shall not be allowed in any park or open space area including the
city trail system. (Amended Ord. 399, 9-7-10)
4. Hunting, Trapping, Tormenting: No person shall hunt, molest, harm, kill,
trap, chase, tease or throw missiles at any animal.
5. Removal Or Possession Of Young Or Eggs: No person without city
permission shall remove or have in possession the young of any wild
animal or have the eggs or nest or young of any reptile, mammal or bird;
exception to the foregoing is made in that snakes known to be poisonous,
such as rattlesnakes, and/or otherwise hazardous to human safety, may
be killed or removed for the purpose of maintaining native wildlife habitat
and population. (Amended Ord. 402, 12-21-10)
L. Play Areas: No person shall engage in activities that interfere with another
park user’s active use of designated play areas. This shall be construed,
but not be limited to, prohibiting the use of sleds, toboggans, or
snowmobiles on any skating rinks, or other such conflicts of use.
(Amended Ord. 402, 12-21-10)
M. Protection Of Trees: It shall be unlawful to remove, cut or otherwise
deface any tree or ground cover without consent from the Commission
and written approval by the City Administrator. (Amd. Ord. 463; 6-21-
16)
N. Posting Signs: It shall be unlawful to post any sign, placard,
advertisement or inscription, or cause to be erected any sign, unless
approved by the City Administrator or designee.
O. Glass: No glass beverage containers will be allowed in any designated
city park, park or recreation facility, or open space. (Amd. Ord. 365, 2-
19-08; Amended Ord. 399, 9-7-10)
P. No person shall ride or operate a bicycle or electric bicycle in any park or
on any trail except in a prudent manner and maintain effective control and
operation of the bicycle or electric-assisted bicycle. (Amended Ord. 560,
5/7/24)
8-4-2: VIOLATIONS; PENALTIES:
A. Any person, firm or corporation violating any of the provisions of
Subsections 8-4-1A, B, F, G, H, K, L, N, O and P of this chapter shall be
guilty of a petty misdemeanor and, upon conviction thereof, shall be
3 See also subsection 5-1A-5B of this code.
punished in accordance with state law. (Amended Ord. 560, 5-7-24)
B. Any person, firm or corporation violating any of the provisions of
Subsections 8-4-1C, D, E, I, J and M of this chapter shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished in
accordance with state law. (Amended Ord. 229, 9-2-1997)
CHAPTER 5
STREET LIGHTING SYSTEM
SECTION:
8-5-1: System Established
8-5-2: Administration Of Provisions
8-5-3: Rates, Fees And Charges
8-5-4: Non-liability Of City For Deficiencies
8-5-5: Damage To System Prohibited
8-5-6: Violation; Penalty
8-5-1: SYSTEM ESTABLISHED: The city does hereby make a provision
for the establishment of a municipal street lighting system. The areas to be
served shall be determined and approved by the City Council. (Ord. 252, 2-16-
1999)
8-5-2: ADMINISTRATION OF PROVISIONS: The Engineering
Department shall assume and discharge the responsibilities imposed by this
chapter, along with such other duties as may be required or assigned to the
department. (Ord. 252, 2-16-1999)
8-5-3: RATES, FEES AND CHARGES:
A. Rates, Fees And Charges Established: The City Council shall adopt an
ordinance which indicates a schedule of all rates, fees and charges for all
street lighting service provided to residents1. This ordinance may be
amended from time to time to indicate any necessary change in rates,
fees and charges. (Ord. 252, 2-16-1999; amd. 2003 Code)
B. Prepayment Or Overpayment: Any prepayment or overpayment of
charges may be retained by the city and applied on subsequent quarterly
charges.
C. Penalty For Late Payment: If a quarterly service charge is not paid
when due, a penalty of ten percent (10%) shall be added thereto.
D. Action To Collect Charges: On or before September 1 of each year, the
City Clerk shall list the total unpaid charges for street lighting services
against each separate lot or parcel to which they are attributable under
this chapter. After notice and hearing as provided in Minnesota Statutes
Section 429.061, the City Council may spread the charges against the
1 See Section 1-7-3 of this code.
benefited property as a special assessment under Minnesota Statutes
Section 429.101 and other pertinent statutes for certification to the
County Auditor and collection along with the current taxes the following
year. (Ord. 252, 2-16-1999)
8-5-4: NONLIABILITY OF CITY FOR DEFICIENCIES: The city shall not
be liable for any deficiency or failure in supply of light to residents, whether
occasioned by shutting off the system for the purpose of making repairs or
connections or from any other cause whatsoever. (Ord. 252, 2-16-1999)
8-5-5: DAMAGE TO SYSTEM PROHIBITED: No unauthorized person
shall remove, damage, alter or tamper with any structure or part of a street
lighting system. (Ord. 252, 2-16-1999)
8-5-6: VIOLATION; PENALTY: Any person, firm or corporation who shall
violate any provision of this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as defined by state law. (Ord. 252, 2-16-
1999)
CHAPTER 6
VACATIONS; STREET NAME CHANGES
SECTION:
8-6-1: Vacation Of Easements
8-6-2: Street Name Changes
8-6-1: VACATION OF EASEMENTS AND RIGHT-OF-WAY:
A. General Provisions:
1. Vacations of easements or right-of-way may be granted or denied in
any district by action of the City Council.
B. Criteria For Granting Vacations of Easements or Right-Of-Way:
1. In granting vacations of easements or right-of-way, the City Council
shall consider the advice and recommendation of the City Engineer and
the effect of the proposed vacation on street, drainage and utility needs.
2. The Council shall also consider the proposed use of the easement or
portion of easement to be vacated.
C. Procedure:
1. Pre-application Meeting: the applicant shall consult with the City
Engineer to determine whether the proposed vacation would conflict with
street, drainage or utility purposes. If it is determined that the proposed
vacation will not negatively affect street, drainage or utility purposes an
application may be filed with the Community Development Department.
2. Application: a completed application form must be submitted with the
following application materials:
a. Survey of the property indicating the location of all street,
drainage and utility easements and the easement or portion of
easement to be vacated.
b. A legal description of the easement or portion of easement to be
vacated.
c. The intended use of the easement or portion of easement to be
vacated.
d. Any additional information necessary to demonstrate how
modifications to the existing conditions will satisfy street, drainage
and/or utility needs.
3. Notice To Adjacent Property Owners: Property owners and occupants
within three hundred fifty feet (350') of the property in question shall be
notified at least ten (10) days prior to the City Council meeting, although
failure of any property owners or occupants to receive such notification
shall not invalidate the proceedings. Notification shall be by mail.
4. Public Hearing: The City Council shall hold a public hearing to review
and act on the application. The petitioner or representative shall be
present to answer questions concerning the proposed vacation.
5. City Council Action: The City Council must take action on the
application within sixty (60) days after the application has been received
and determined to be complete by the Community Development
Department. The City may extend review of the application an additional
sixty (60) days provided a letter describing the reason for the extension is
provided to the applicant within the first sixty (60) days.
6. Reapplication After Denial: No application for a vacation of easement or
right-of-way shall be resubmitted for a period of one year from the date of
said order of denial.
D. Time Limit On Implementing Vacation of Easement or Right-of-Way: If the City
Council determines that no significant progress has been made in the first twelve
(12) months after the approval of the application, the approval will be null and
void.
E. Record Retention: Record of all vacations of easements and rights-of-way
shall be kept on file in the Community Development Department and office of the
City Clerk (Amended Ord. 314 10-4-2005).
8-6-2: STREET NAME CHANGES
A. General Provisions:
1. Street name changes may be initiated by the City Council.
B. Procedure:
1. Notice To Adjacent Property Owners: Property owners and occupants
within three hundred fifty feet (350') of the property in question shall be
notified at least ten (10) days prior to the City Council meeting, although
failure of any property owners or occupants to receive such notification shall
not invalidate the proceedings. Notification shall be by mail.
2. Public Hearing: The City Council shall hold a public hearing to review and
act on the proposed street name change.
3. Street Name Change Notification: The Building Department shall maintain
a list of parties to be notified of street name changes.
C. Record Retention: Record of all street name changes shall be kept on file in
the office of the City Clerk. (Amended Ord. 314, 10-4-2005)
CHAPTER 7
WATERCRAFT ON CROOKED LAKE
SECTION:
8-7-1: Purpose
8-7-2: Definitions
8-7-3: Watercraft Speed Limitations
8-7-4: Information, Notices And Markings
8-7-5: Exemptions From Provisions
8-7-6: Enforcement
8-7-7: Violation A Petty Misdemeanor
8-7-1: PURPOSE: As authorized by Minnesota Statues 86B.201,
86B.205, and 459.20, AND Minnesota Rules 6110.3000 – 6110.3800 as now in
effect and as hereafter amended, this Ordinance is enacted for the purpose and
with the intent to control and regulate the use of waters of Crooked Lake in the
Cities of Andover and Coon Rapids, Minnesota, to promote its fullest use and
enjoyment by the public in general and the citizens of the Cities of Andover and
Coon Rapids in particular, to insure safety for persons and property in connection
with the use of said waters; to harmonize and integrate the varying uses of said
waters; and to promote the general health, safety and welfare of the citizens of
the Cities of Andover and Coon Rapids, Minnesota.
8-7-2: DEFINITIONS: The following words and phrases, in accordance
with Minnesota Statute 86B.005, when used in this chapter, shall have the
meanings set forth as follows:
OPERATE: To navigate or otherwise use a watercraft.
PERSON: Includes an individual, partnership, corporation or any
body of persons, whether incorporated or formed as an
association or not.
CROOKED LAKE: That body of water that is shared between the cities of
Andover and Coon Rapids and assigned the lake
identification number of 02008400 by the Minnesota
Department of Natural Resources.
HIGH WATER: An elevation of 861.6’ or greater above mean sea level on
Crooked Lake as determined by the Coon Creek Watershed
District.
SHORE: The line separating land and water which shifts as lake
levels increase and decrease.
SLOW NO-WAKE: The operation of a watercraft at the slowest possible
speed necessary to maintain steerage and in no case
greater than five (5) miles per hour.
WATERCRAFT: Any contrivance used or designed for navigation on water,
as defined in Minnesota Statutes Section 86B.005,
Subdivision 18.
8-7-3: WATERCRAFT SPEED LIMITATIONS:
A. No person shall operate a watercraft at greater than a slow no-wake
speed on the entire Lake when the water level reaches eight hundred
sixty one point six feet (861.6’) sea level, as measured by the City of
Andover and the Coon Creek Watershed District gauge.
B. When the water level of Crooked Lake reaches 861.6’ sea level, the City
Administrator or designee shall arrange to have notice of the no-wake
provision posted at all public water accesses and sent to the Crooked
Lake Area Association. In addition, notice of said restrictions shall be
posted at Andover City Hall, Coon Rapids City Hall, City of Andover
website and Coon Rapids website.
C. The slow no-wake speed shall be in effect twenty-four (24) hours a day for
the entire duration the high water provision is in effect.
D. When high water levels have subsided and have remained below an
elevation of 861.6’ sea level for three (3) consecutive days, said restriction
shall be promptly removed.
8-7-4: INFORMATION, NOTICES AND MARKINGS: The Cities of
Andover and Coon Rapids shall be responsible for informing the public and
posting notifications at the Crooked Lake Boat Landing and all other public
access points as necessary to give reasonable notice to the speed restrictions
established.
8-7-5: EXEMPTIONS FROM PROVISIONS:
A. Authorized resource management, emergency and enforcement
personnel, when acting in the performance of their duties, shall be
exempt from the provisions of this chapter.
B. Temporary exemptions from this chapter may be granted to local,
state or federal law enforcement agencies.
8-7-6: ENFORCEMENT: Primary responsibility for enforcement of this
chapter shall rest with the Anoka County Sheriff's Office. This, however, shall not
preclude enforcement by other licensed peace officers.
8-7-7: VIOLATION A PETTY MISDEMEANOR: Any person violating any
provision of this chapter shall be guilty of a petty misdemeanor as defined by
state law and subject to the penalties therefore.
8-7-8: EFFECTIVE DATE: This Ordinance shall be in effect from and
after the date of its passage and publication