09-12 Bill No. 2017-10
BILL NO. 2017-10
AN ORDINANCE AMENDING SUBSECTION 802 OF THE RICHFIELD CODE OF
ORDINANCES ADDING NEW REGULATIONS FOR SMALL CELL WIRELESS FACILITY
INSTALLATION
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 802 of the Code of Ordinances of the City of Richfield is hereby deleted in
its entirety and replaced with the following:
802.01. - 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 enacts this Section of this code relating to right-of-way permits and
administration. This Section imposes reasonable regulation on the placement and maintenance
of facilities and equipment currently within the City's rights-of-way or to be placed therein at
some future time. It is intended to complement the regulatory roles of state and federal
agencies. Under this Section, persons excavating and obstructing the rights-of-way will bear
financial responsibility for their work through the recovery of out-of-pocket and projected costs
from persons using the public rights-of-way.
This Section 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 Section shall also
be interpreted consistent with Minnesota Rules 7819.0050 - 7819.9950 where possible. To the
extent that any provision of this Section cannot be interpreted consistently with the Minnesota
Rules, the interpretation most consistent with the Act and other applicable statutory and case
law is intended.
802.03. - 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 elects pursuant Minnesota Statutes, section 237.163,
subdivision 2(b), to manage rights-of-way within its jurisdiction.
802.05. - Definitions.
The following definitions apply in this Section of this code. References to "subdivisions"
are unless otherwise specified references to subdivisions in this Section:
Subdivision 1
. Abandoned facility. "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. Abandoned facilities should be removed and not left in place.
Subd. 2
. Applicant. "Applicant" means any person requesting permission to excavate or
obstruct a right-of-way.
Subd. 3
. City. "City" means the City of Richfield, Minnesota. For purposes of Section
802.57, City means its elected officials, officers, employees and agents.
Subd. 4.
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 other governmental unit.
Subd. 5.
Commission. "Commission" means the Minnesota Public Utilities Commission.
Subd. 6.
Congested Right-of-Way. "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 Minnesota Statutes, section 216D.04. subdivision 3, over a continuous length
in excess of 500 feet.
Subd. 7.
Construction Performance Bond. "Construction Performance Bond" means any
of the following forms of security provided at permittee's option:
(a) Individual project bond, including a "license and permit" bond;
(b) Cash deposit;
(c) Security of a form listed or approved under Minnesota Statutes, section. 15.73,
subdivision;
(d) Letter of Credit, in a form acceptable to the City;
(e) Self-insurance, in a form acceptable to the City;
(f) 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.
Subd. 8.
Degradation. "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.
Subd. 9.
Degradation Cost. "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.
Subd. 10.
Degradation Fee. "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.
Subd. 11.
Department. "Department" means the Department of Public Works of the City.
Subd. 12.
Department Inspector. "Department Inspector" means any person authorized
by the City to carry out inspections related to the provisions of this Section.
Subd. 13.
Director. "Director" means the Director of the Department of Public Works of
the City, or her or his designee.
Subd. 14.
Delay penalty. "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.
Subd. 15.
Emergency. "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.
Subd. 16.
Equipment. "Equipment" means any tangible asset used to install, repair, or
maintain facilities in any right-of-way.
Subd. 17.
Excavate. "Excavate" means to dig into or in any way remove or physically
disturb or penetrate any part of a right-of-way.
Subd. 18.
Excavation permit. "Excavation permit" means the permit which, pursuant to
this Section, 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.
Subd. 19.
Excavation permit fee. "Excavation permit fee" means money paid to the City
by an applicant to cover the costs as provided in Section 802.23.
Subd. 20.
Facility or facilities. "Facility or facilities" means tangible asset in the public
right-of-way required to provide utility service. The term does not include Facilities to the extent
the location and relocation of such Facilities are preempted by Minnesota Statutes, section
161.45, governing utility facility placement in state trunk highways.
Subd. 21.
Five-year project plan. "Five-year project plan" shows projects adopted by the
City for construction within the next five (5) years.
Subd. 22.
High density corridor. "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 be required to build and install facilities in a common conduit system or
other common structure.
Subd. 23.
Hole. "Hole" means an excavation in the right-of-way, with the excavation
having a length less than the width of the pavement or adjacent pavement.
Subd. 24.
Local representative. "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 Section.
Subd. 25.
Management costs. "Management costs" means 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 802.61.
Subd. 26.
Obstruct. "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.
Subd. 27.
Obstruction permit. "Obstruction permit" means the permit which, pursuant to
this Section, 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, including a blanket permit for a period of time and for types of work specified
by the Director, if deemed appropriate in his or her discretion.
Subd. 28.
Obstruction Permit fee. "Obstruction permit fee" means money paid to the
City by a permittee to cover the costs as provided in Section 802.23.
Subd. 29.
Patch or patching. "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 (2) 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 (5) year project plan.
Subd. 30.
Pavement. "Pavement" means any type of improved surface that is within the
public right-of-way and that is paved or otherwise constructed with paver blocks, bituminous,
concrete, aggregate, or gravel.
Subd. 31
. Permit. "Permit" has the meaning given "right-of-way permit" in Minnesota
Statutes, section 237.162.
Subd. 32.
Permittee. "Permittee" means any person to whom a permit to excavate or
obstruct a right-of-way has been granted by the City under this Section.
Subd. 33.
Person. "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.
Subd. 34.
Public right-of-way. "Public right-of-way" has the meaning given it in
Minnesota Statutes, section 237.162, subdivision 3.
Subd. 35.
Registrant. "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
Subd. 36.
Restore or restoration. "Restore or restoration" means 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.
Subd. 37.
Right-of-way permit. "Right-of-way permit" means either the excavation permit
or the obstruction permit, or both, depending on the context, required by this Section.
Subd. 38.
Right-of-way user. "Right-of-way user" means (1) a telecommunications right-
of-way user as defined by Minnesota Statutes, section 237.162, subdivision 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.
Subd. 39.
Service or Utility Service. "Service or Utility Service" means and includes:
(1) Services provided by a public utility as defined in Minnesota Statutes 216B.02,
subdivisions 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 system as defined in Minnesota Statutes,
chapter. 238.02, subdivision 3;
(4) Natural gas or electric energy or telecommunications services provided by a local
government unit;
(5) Services provided by a cooperative electric association organized under
Minnesota Statutes, chapter 308A; and
(6) Water, sewer, steam, cooling or heating services.
Subd. 40.
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.
Subd. 41.
Supplemental Application. "Supplemental 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.
Subd. 42.
Temporary Surface. "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 except when the replacement is of pavement included in
the City's two-year plan, in which case it is considered full restoration.
Subd. 43.
Trench. "Trench" means an excavation in the right-of-way, with the excavation
having a length equal to or greater than the width of the pavement or adjacent pavement.
Subd. 44.
Telecommunication right-of-way User. "Telecommunication right-of-way User"
means 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
Section, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and
telecommunication activities related to providing natural gas or electric energy services, by a
public utility as defined in Minnesota Statutes, section 216B.02, a municipality, a municipal gas
or power agency organized under Minnesota Statutes, chapters 453 and 453A, or a cooperative
electric association organized under Minnesota Statutes, chapter 308A, are not
telecommunications right-of-way users for purposes of this Section except to the extent such
entity is offering wireless service.
Subd. 45.
Two Year Project Plan. "Two Year Project Plan" shows projects adopted by
the City for construction within the next two (2) years.
Subd. 46.
Utility Pole. A pole that is used in whole or in part to facilitate
telecommunications or electric service.
Subd. 47.
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.
Subd. 48.
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.
Subd. 49.
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.
802.07. - Administration.
The Public Works Director (“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.
802.09. - 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.
802.11. - Registration and right-of-way occupancy.
Subdivision 1.
Registration. Each person who occupies, 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 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 in this Section shall be construed to repeal or amend the
provisions of a City ordinance establishing the rights of and limitations placed on 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 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 under this
Section for the following:
(a) Planting or maintaining boulevard plantings or gardens (City Code 811.07);
(b) Other surface landscaping works (City Code 811.07);
(c) Construction and maintenance of driveways, sidewalks, curb and gutter, or
parking lots, except repairs or restoration necessitated by utility cuts or other work
(City Code 800.11);
(d) Construction or maintenance of street furnishings, bus stop benches, shelters, or
posts and pillars (City Code 805.07);
(e) Snow removal activities (City Code 930.17);
(f) Construction and maintenance of irrigation systems provided that the system does
not connect directly to water mains in the right-of-way (City Code 811.07).
Subd. 4.
Gopher one call. Nothing herein relieves a person from complying with the
provisions of the Minnesota Statutes, chapter 216D, Gopher One Call Law.
802.13. - Registration information.
Subdivision 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 facility owner code number or other
One-Call identifier, address and e-mail address, 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 accessible for consultation 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:
(1) Verifying that an insurance policy has been issued to the registrant by an
insurance company authorized 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 and collapse of property;
(3) Either 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 or otherwise providing evidence satisfactory to
the Director that the City is fully covered and will be defended through registrant's
insurance for all actions included in Minnesota Rule part 7819.1250;
(4) Requiring that the City be notified 30 days in advance of cancellation of the
policy or material modification of a coverage term;
(5) 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 Section.
(d) The City may require a copy of the actual insurance policies if necessary to
ensure the Director that the policy provides adequate third party claim coverage and
City indemnity and defense coverage for all actions included in the indemnity
required by Minnesota Rule part 7819.1250.
(e) Such evidence as the Director may require that the person is authorized to do
business in Minnesota.
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 15 days following
the date on which the registrant has knowledge of any change.
802.15. - Reporting obligations.
Subdivision 1.
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. If by December
1 the registrant has not developed its construction and maintenance information for the coming
year, the registrant shall file such information with the City thereafter as soon as it is developed.
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 (5) 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 and subject to the Minnesota Data Practices Act 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 March 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.
802.17. - Permit Requirement.
Subdivision 1.
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.
(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 the 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) Permits for installation, repair or otherwise work on above-ground facilities within
the meaning of Minn. Stat. § 237.163, subd. 6(b)(4) will be obstruction permits,
notwithstanding the need for excavation, provided the excavation is augered or hand
dug for the purpose of placing a pole type structure.
(d) 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.
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 (ii) a
new permit or permit extension is granted.
Subd. 3.
Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3, the City
shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation,
obstruction, patching, or restoration. The delay penalty shall be established from time to time by
City Council resolution. A delay penalty will not be imposed for delays due to force majeure,
including inclement weather, civil strife, acts of God, or other circumstances beyond the control
of the applicant.
Subd. 4.
Permit Display. Permits issued under this Section shall be conspicuously
displayed or otherwise available at all times at the indicated work site and shall be available for
inspection by the City.
Subd. 5.
Routine Obstruction and Excavation. The Director may approve a permit plan
which, among other conditions, allows for routine excavations and obstructions without separate
notice and separate compensation for such projects. Projects that do not involve excavation of
paved surface and that last less than eight (8) hours in duration may be included in such a plan.
802.19. - Permit Applications.
Subdivision 1.
Content of Permit. 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 Section;
(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 owned or
operated by the applicant.
(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.
(d) Payment of disputed amounts due the City by posting security or depositing in an
escrow account an amount equal to at least 100% of the amount owing.
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.
802.21. - Issuance of Permit; Conditions.
Subdivision 1.
Permit Issuance. If the Applicant has satisfied the requirements of this
Section, the City shall issue a permit within a reasonable period of time of receiving a completed
application.
Subd. 2.
Conditions. The City may impose reasonable conditions upon the issuance of
the permit and the performance of the applicant thereunder to protect the health, safety and
welfare or when necessary to protect the right-of-way and its current use. In addition, a
permittee shall comply with all requirements of local, state and federal laws, including but not
limited to Minnesota Statutes §§ 216D.01 - .09 (Gopher One Call Excavation Notice System)
and Minnesota Rules Chapter 7560.
Subd. 3.
Screening. The Permittee shall screen all above-ground facilities as required
by the Director. Screening methods shall include the use of shrubs, trees and/or landscape rock
or installation using camouflaged forms of the facility.
Subd. 4.
Small Wireless Facility Conditions. In addition to subdivisions 2 and 3, 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) 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.
(b) 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.
(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 structure
and 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 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.
(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. 5.
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:
(a) Up to $150 per year for rent to collocate on the city structure.
(b) $25 per year for maintenance associated with the collocation;
(c) A monthly fee for electrical service as follows:
1. $73 per radio node less than or equal to 100 maximum watts;
2. $182 per radio node over 100 maximum watts; or
3. The actual costs of electricity, if the actual cost exceed 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.
802.22. - Action on Small Wireless Facility Permit Applications.
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 approve or deny the application within the review periods established in this section.
Subd. 2.
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 the City, provided that all 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, 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.
Subd. 3.
Tolling of Deadline. The 90-day deadline for action on a small wireless facility
permit application may be tolled if:
(a) 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.
(b) 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.
(c) The city and a small wireless facility applicant agree in writing to toll the review
period.
802.23. - Permit Fees.
Subdivision 1.
Fee schedule and fee allocation. The City's permit fee schedule shall be
available to the public and established in advance where reasonably possible. The permit fees
shall be designed to recover the City's actual costs incurred in managing the right-of-way and
shall be based on an allocation among all users of the right-of-way, including the City.
Subd. 2.
Excavation Permit Fee. The City shall impose an Excavation permit fee in an
amount sufficient to recover the following costs:
(a) City management costs.
(b) Degradation costs, if applicable.
Subd. 3.
Obstruction Permit Fee. The City shall impose an obstruction permit fee and
shall be in an amount sufficient to recover the City management costs.
Subd. 4.
Small Wireless Facility Permit Fee. The city shall impose a small wireless
facility permit fee in an amount sufficient to recover:
(a) management costs, and;
(b) Consultant fees, city engineering, make-ready, and construction costs associated
with collocation of small wireless facilities.
Subd. 5.
Payment of permit fees. No permit shall be issued without payment of permit
fees, unless approved by the Public Works Director. The City may allow Applicant to pay such
fees within 30 days of billing, or on some other payment plan agreed to by the Director at his
discretion.
Subd. 6.
Nonrefundable. Permit fees that were paid for a permit that the City has
revoked for a breach as stated in Subdivision 22 are not refundable.
Subd. 7.
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.
802.25. - Right-of-way patching and restoration.
Subdivision 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 Subdivision 16.
Subd. 2.
Patch and restoration. Permittee must patch its own work. The City may
choose either to have the permittee restore the surface and subgrading portions of right-of-way
or to restore the surface portion of right-of-way itself.
(a) City Restoration. If the City restores the surface portion of right-of-way, permittee
shall pay the costs thereof within 30 days of billing. If, following such Restoration, the
pavement settles due to permittee's improper work, the permittee shall pay to the
City, within 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
time of application for an Excavation permit post a construction performance bond in
accordance with the provisions of Minnesota Rule 7819.3000.
(c) 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 replacing and compacting the subgrade and aggregate based
material in the excavation and the degradation fee shall not include the cost to
accomplish these responsibilities.
Subd. 3.
Standards. The permittee shall perform 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. Upon notification from the City, permittee shall
correct all restoration work to the extent necessary, using the method required by the City.
Unless otherwise agreed to by the Director, said work shall be completed within 14 calendar
days of 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
unseasonal or unreasonable under Subdivision 16.
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 shall notify the permittee in writing of the specific
alleged failure or failures and shall allow the permittee ten (10) days from receipt of said written
notice to cure said failure or failures, unless otherwise extended by the Director. In the event the
permittee fails to cure, the City may at its option perform the necessary work and permittee shall
pay to the City, within 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.
802.27. - Joint applications.
Subdivision 1.
Joint application. Registrants may jointly apply for permits to excavate or
obstruct the right-of-way at the same 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 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.
Subd. 3.
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 (2) 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.
802.29. - Supplementary applications.
Subdivision 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:
(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.
May be subject to delay penalties. This supplementary application must be submitted before the
permit end date.
802.31. - Other obligations.
Subdivision 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 Minn. Stat. 216D.01-.09
(Gopher One Call Excavation Notice System). 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, or 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, unless otherwise approved by the Director. 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.
Subd. 4.
Traffic control. A permittee shall implement traffic control measures in the area
of the work and shall use traffic control procedures in accordance with the most recent manuals
on uniform traffic control, traffic control devices and traffic zone layouts published by the State of
Minnesota.
Subd. 5.
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.
802.33. - Denial of permit.
Subd. 1.
Reasons for Denial. The City may deny a permit for failure to meet the
requirements and conditions of this Section or if the City determines that the denial is necessary
to protect the health, safety, and welfare or when necessary to protect the right-of-way and its
current use.
Subd. 2.
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 (3) 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 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.
802.35. - 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, 78.19.5000 and
7819.5100 and other applicable local requirements, in so far as they are not inconsistent with
the Minnesota Statutes, sections 237.162 and 237.163.
802.37. - Inspection.
Subdivision 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 execution of and
upon completion of the work.
Subd. 3.
Authority of Director.
(a) 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.
(b) The Director may issue an order to the permittee to correct any work that does
not conform to the terms of the permit or other applicable standards, conditions, or
code. If the work failure is a "substantial breach" within the meaning of Minn. Stat. §
237.163 subd. 4(c), the order shall state that failure to correct the violation will be
cause for revocation of the permit after a specified period determined by the Director.
The permittee shall present proof to the Director that the violation has been corrected
within the time period set forth by the Director in the order. Such proof shall be
provided no later than the next business day following the day of completion. If such
proof has not been presented within the required time, the Director may revoke the
permit pursuant to Section 802.43.
802.39. - Work done without a permit.
Subdivision 1.
Emergency situations. Each registrant shall immediately notify the
Director of any event regarding its facilities that the registrant considers to be an emergency.
The registrant may proceed to take whatever actions are necessary to respond to the
emergency. Within two (2) business days after the occurrence of the emergency, unless the
Director allows a longer time, 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 Section for the actions it took in response to the Emergency. If the Director
concludes that a registrant is required to perform work at the facility solely because of an
emergency created by another registrant and the work is performed in the immediate area of the
emergency work, the Director may waive the permit otherwise required by the registrant(s)
called to the emergency created by another party.
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.
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, pay an unauthorized work permit fee in an amount established
from time to time by the City Council, 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 Section.
802.41. - 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.
802.43. - Revocation of permits.
Subdivision 1.
Substantial breach. The City reserves its right 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:
(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 a 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 19B-19.
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 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 to place
additional or revised conditions on the permit to mitigate and remedy the breach.
Subd. 3.
Response to notice of breach. Within a time established by the Director
following permittee's receipt of notification of the breach, permittee shall provide the City with a
plan to cure the breach, acceptable to the City. Permittee's failure to submit a timely and
acceptable plan, or permittee's failure to timely implement the approved plan, shall be cause for
immediate revocation of the permit.
Subd. 4.
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.
802.45. - Mapping data.
Subdivision 1.
Rule. Each registrant and permittee shall provide mapping information in
a form required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100.
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 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.
802.47. - Undergrounding.
Subdivision 1.
Purpose. The purpose of this Section 802.47 is to promote the health,
safety and general welfare of the public and is intended to foster (i) safe travel over the right-of-
way, (ii) non-travel related safety around homes and buildings where overhead feeds are
connected and (iii) orderly development in the City. Location and relocation, installation and
reinstallation of Facilities in the right-of-way or in or on other public ground must be made in
accordance with this Subdivision. This Subdivision is intended to be enforced consistently with
state and federal law regulating right-of-way users, specifically including but not limited to
Minnesota Statutes, Sections 161.45, 237.162, 237.163, 300.03, 222.37, 238.084 and 216B.36
and the Telecommunications Act of 1996, Title 47, U.S.C. section 253.
Subd. 2.
Undergrounding of facilities. Facilities newly installed, constructed or otherwise
placed in the public right-of-way or in other public property held in common for public use must
be located and maintained underground pursuant to the terms and conditions of this section and
in accordance with applicable construction standards, subject to the exceptions below. Above-
ground installation, construction, modification, or replacement of meters, gauges, transformers,
street lighting, pad mount switches, capacitor banks, re-closers and service connection
pedestals shall be allowed. The requirements of this Subdivision shall apply equally outside of
the corporate limits of the City coincident with City jurisdiction of platting, subdivision regulation
or comprehensive planning as may now or in the future be allowed by law.
Subd. 3.
Undergrounding of permanent replacement, Relocated or Reconstructed
Facilities. If the City finds that one (1) or more of the purposes set forth in Section 802.47, Subd.
1. would be promoted, the City may require a permanent replacement, relocation or
reconstruction of a Facility of more than 300 feet to be located, and maintained underground,
with due regard for seasonal working conditions. For purposes of this section, reconstruction
means any substantial repair of or any improvement to existing Facilities. Undergrounding may
be required whether a replacement, relocation or reconstruction is initiated by the right-of-way
user owning or operating the Facilities, or by the City in connection with:
(1) The present or future use by the City or other local government unit of the right-
of-way or other public ground for a public project;
(2) The public health or safety; or
(3) The safety and convenience of travel over the right-of-way.
Subd. 4.
Exceptions to undergrounding. The following exceptions to the strict application
of this Subdivision shall be allowed upon the conditions stated:
(a) Transmission lines. Above-ground installation, construction, or placement of
those Facilities commonly referred to as "high voltage transmission lines" shall be
allowed unless the Council requires undergrounding of the Facilities after providing
the right-of-way user notice and an opportunity to be heard. This provision shall not
be construed as waiving the requirements of any other ordinance or regulation of the
City as the same may apply to any such proposed project.
(b) Technical/economic feasibility; promotion of policy. Above-ground installation,
construction, or placement of Facilities shall be allowed in residential, commercial
and industrial areas where the Council, following consideration and recommendation
by the planning commission, finds that:
(1) Underground placement would place an undue financial burden upon the
landowner, ratepayers, or right-of-way user or would deprive the landowner of
the preservation and enjoyment of substantial property rights; or,
(2) Underground placement is impractical or not technically feasible due to
topographical, subsoil or other existing conditions which adversely affect
underground Facilities placement.
(3) Failure to promote the purposes of undergrounding. The right-of-way user
clearly and convincingly demonstrates that none of the purposes under Section
802.47, Subd. 1 would be advanced by underground placement of Facilities on
the project in question, or the City determines on its own review that
undergrounding is not warranted based on the circumstances of the proposed
undergrounding.
(c) Temporary service. Above-ground installation, construction, or placement of
temporary service lines shall only be allowed:
(1) During new construction of any project for a period not to exceed 24
months;
(2) During an emergency in order to safeguard lives or property within the City;
(3) For a period of not more than seven (7) months when soil conditions make
excavation impractical.
(d) Small Wireless Facilities and Wireless Support Structures. Concealed Small
Wireless Facilities and Wireless Support Structures may be installed above ground in
accordance with this Chapter 802.
Subd. 5.
Retirement of overhead facilities. The City Council may determine whether it is
in the public interest that all Facilities within the City, or Facilities within certain districts
designated by the City, be permanently placed and maintained underground by a date certain or
target date, independently of undergrounding required pursuant to Section 802.47, Subd. 2. of
this Code (new Facilities) and subdivision 802.47, Subd. 3. (Replacement Facilities). The
decision to underground must be preceded by a public hearing, after published notice and
written notice to the utilities affected. (Two weeks published: 30 days written.) At the hearing the
Council must consider items (1)—(4) in Section 802.47, Subd. 5.B. of this Section and make
findings. Undergrounding may not take place until City Council has, after hearing and notice,
adopted a plan containing items (1)—(6) of Section 802.47, Subd. 5.C. of this Section.
(a) Public hearings. A hearing must be open to the public and may be continued from
time to time. At each hearing any person interested must be given an opportunity to
be heard. The subject of the public hearings shall be the issue of whether Facilities in
the right-of-way in the City, or located within a certain district, shall all be located
underground by a date certain. Hearings are not necessary for the undergrounding
required under Subdivisions 24.B. and D. of this Section.
(b) Public hearing issues. The issues to be addressed at the public hearings include
but are not limited to:
(1) The costs and benefits to the public of requiring the undergrounding of all
Facilities in the right-of-way.
(2) The feasibility and cost of undergrounding all Facilities by a date certain as
determined by the City and the affected utilities.
(3) The tariff requirements, procedure and rate design for recovery or intended
recovery of incremental costs for undergrounding by the utilities from
ratepayers within the City.
(4) Alternative financing options available if the City deems it in the public
interest to require undergrounding by a date certain and deems it appropriate
to participate in the cost otherwise borne by the ratepayers.
Upon completion of the hearing or hearings, the City Council must make written
findings on whether it is in the public interest to establish a plan under which all
Facilities will be underground, either citywide or within districts designated by
the City.
(c) Undergrounding plan. If the Council finds that it is in the public interest to
underground all or substantially all Facilities in the public right-of-way or in non-right-
of-way public ground, the Council must establish a plan for such undergrounding.
The plan for undergrounding must include at least the following elements:
(1) Timetable for the undergrounding.
(2) Designation of districts for the undergrounding unless the undergrounding
plan is citywide.
(3) Exceptions to the undergrounding requirement and procedure for
establishing such exceptions.
(4) Procedures for the undergrounding process, including but not limited to
coordination with City projects and provisions to ensure compliance with non-
discrimination requirements under the law.
(5) A financing plan for funding of the incremental costs if the City determines
that it will finance some of the undergrounding costs, and a determination and
verification of the claimed additional costs to underground incurred by the
utility.
(6) Penalties or other remedies for failure to comply with the undergrounding.
Subd. 6.
Developer responsibility. All owners, platters, or developers are responsible for
complying with the requirements of this Subdivision, and prior to final approval of any plat or
development plan, shall submit to the Director written instruments from the appropriate right-of-
way users showing that all necessary arrangements with said users for installation of such
Facilities have been made.
802.49. - Location and relocation of facilities.
Subdivision 1.
Rule. 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.
(a) Relocation notification procedure. The Director shall notify the utility owner at
least three (3) months in advance of the need to relocate existing facilities so the
owner can determine if relocation or replacement is required and plan any required
work. The Director shall provide a second notification to the owner one (1) month
before the owner needs to begin the relocation. The utility owner shall begin
relocation of the facilities within one (1) month of the second notification. To the
extent technically feasible, all utilities shall be relocated within one (1) month or in a
time frame determined by the Director. The Director may allow a different schedule if
it does not interfere with the City's project. The utility owner shall diligently work to
relocate the facilities within the above schedule.
(b) Delay to City project. The Director shall notify the utility owner if the owner's
progress will not meet the relocation schedule. If the owner fails to meet the
relocation schedule due to circumstances within its control, the City may charge the
utility owner for all costs incurred and requested by a contractor working for the City
who is delayed because the relocation is not completed in the scheduled timeframe
and for all costs incurred by the City due to the delay.
(c) Joint trenching. All Facilities shall be placed in appropriate portions of right-of-way
so as to cause minimum conflict with other underground Facilities. When technically
appropriate and no safety hazards are created, all utilities shall be installed,
constructed or placed within the same trench. Notwithstanding the foregoing, gas
and electric lines shall be placed in conformance with Minnesota Rules pt.
7819.5100, subd. 2, governing safety standards.
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 are or, pursuant
to current technology, the City expects will 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. A typical crossing section
of the location for utilities may be on file at the Director's office. This section is not intended to
establish "high density corridors".
Any Registrant who has facilities in the right-of-way in a position at variance with the
corridors established by the City may remain at that location until the City requires Facilities
relocation to the corridor pursuant to relocation authority granted under Minnesota Rules part
7819.3100 or other applicable law.
Subd. 3.
Limitation of space. To protect the public 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.
802.51. - 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 be responsible to mark the
horizontal placement of all said facilities, to the extent technically feasible. To the extent its
records contain such information, each registrant shall provide information regarding the
approximate vertical location of their facilities to excavators upon request. Nothing in this
subsection is meant to limit the rights, duties and obligations of the facility owners or excavators
as set forth in Minnesota Statutes, Section 216D.01—.09.
802.53. - Interference by other facilities.
When the City does work in the right-of-way in its governmental right-of-way
management function and finds it necessary to maintain, support, or move a registrant's
facilities to carry out the work without damaging registrant's facilities, the City shall notify the
local representative as early as is reasonably possible. The City costs associated therewith will
be billed to that registrant and must be paid within 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 damages.
802.55. - Right-of-way vacation; 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.
802.57. - Indemnification and liability.
By registering with the City, or by accepting a permit under this Section, a registrant or
permittee agrees to defend and indemnify the City in accordance with the provisions of
Minnesota Rule 7819.1250.
802.59. - Abandoned facilities.
Subdivision 1.
Discontinued operations. A registrant who has decided 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 Section have been lawfully
assumed by another registrant.
Subd. 2.
Removal. Any registrant who has abandoned facilities in any right-of-way shall
remove them from that right-of-way pursuant to Minnesota Rule Part 7819.3300, unless the
requirement is waived by the Director.
802.61. - Appeal.
A right-of-way user that: (1) has been denied registration; (2) has been denied a permit;
(3) has had permit revoked; or (4) believes that the fees imposed are not in conformity with
Minn. Stat. § 237.163, Subd. 6 may have the denial, revocation, or fee imposition reviewed,
upon written request, by the City Council. The City Council shall act on a timely written request
at its next regularly scheduled meeting. 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.
802.63. - Reservation of regulatory and police powers.
A permittee's or registrant's rights are subject to 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.
802.65. - Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Section is for any
reason held invalid or unconstitutional by any court or administrative agency 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. If a regulatory body or
a court of competent jurisdiction should determine by a final, non-appealable order that any
permit, right or registration issued under this Section or any portions of this Section is illegal or
unenforceable, then any such permit, right or registration granted or deemed to exist hereunder
shall be considered as a revocable permit with a mutual right in either party to terminate without
cause upon giving 60 days written notice to the other. The requirements and conditions of such
a revocable permit shall be the same requirements and conditions as set forth in the permit,
right or registration, respectively, except for conditions relating to the term of the permit and the
right of termination. Nothing in this Section precludes the City from requiring a franchise
agreement with the applicant, as allowed by law, in addition to requirements set forth herein.
Section 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter.
Adopted this 12th day of September, 2017.
Pat Elliott, Mayor
ATTEST:
Wo 3/6-
Elizabeth VanHoose, City Clerk
AFFIDAVIT OF PUBLICATION CITY OF RICHFIELD
SUMMARY PUBLICATION
STATE OF MINNESOTA )ss BILL NO.2017-10
COUNTY OF HENNEPIN AN ORDINANCE AMENDING
SECTION 802 OF THE
RICHFIELD CITY CODE OF
Charlene Vold being duly sworn on an oath, ORDINANCES PERTAINING
states or affirms that he/she is the Publisher's TO THE CITY ILGL OF S5A N Designated Agent of the newspaper(s)known WIRELESS TECHNO OG ES
as: On September 12, 2017, the
Richfield City Council adopted an
SC Richfield ordinance designated as Bill No.
2017-10,the title of which is stat-
ed above. This summary of the
with the known office of issue being located ordinance is published pursuant to
in the county of: Section 3.12 of the Richfield City
HENNEPIN Charter.
with additional circulation in the counties of: The purpose of this ordinance is
to provide for the health,safety and
HENNEPIN welfare of its citizens, and to en-
and has full knowledge of the.=facts stated sure the integrity of its streets and e �
below: the appropriate use of the rights-
of-way,newspaper as com lied with all of of-way,the City strives to keep its
(A)Thhas i
p rights-of-way in a state of good
the requirements constituting qualifica- repair and free from unnecessary
tion as a qualified newspaper as provided encumbrances. Amendments to
by Minn. Stat.§331A.02. the ordinance further the control of
This Public Notice was printed and pub- the placement of small cell facilities
(B) P N an
p P in the public right-of-way.The or-
fished in said newspaper(s) once each dinance allows the City to enact a
week, for 1 successive week(s); the first permitting process for the installa-
insertion being on 09/21/2017 and the last tiocon of the facilities with anagement additioto nn-
al
n
insertion being on 09/21/2017. tain the trols and purpose m of the ordinamaince.
BE IT FURTHER RESOLVED,
MORTGAGE FORECLOSURE NOTICES that the City Clerk is directed to
Pursuant to Minnesota Stat. §580.033 keep a copy of the Ordinance in her
relating o the publication of mortgage office at City Hall for public inspec-
g p Son during normal business hours
foreclosure notices: The newspaper complies and to post a full copy of the Ordi-
with the conditions described in §580.033, nance in a public place in the City
subd. 1, clause (1) or(2). If the newspaper's for a period of two weeks.Copies
known office of issue is located in a count of then a request by cre ngo the Public
Y upon request by calling the Public
adjoining the county where the mortgaged Works Department at (612) 861-
premises or some part of the mortgaged 9170.
premises described in the notice are located, Adopted by the City Council of
the City of Richfield, Minnesota,
a substantial portion of the newspaper's this 12th day of September,2017.
circulation is in the latter county. Pat Elliott,Mayor
( (�� (I n o' n l�e� ATTEST:Elizabeth VanHoose
C`-�j`L_ SU) -K- W City Clerk
Published in the
By: Richfield Sun Current
Designated Agent September 21,2017
734627
Subscribed and sworn to or affirmed before
me on 09/21/2017 by Charlene Vold.
9.A.art pr\ pf\..491,_
Notary Public
vvvvvi,
x.:1-7"%DARLENE MARIE MACPHERSON
0 <`Notary Public-Minnesota
Commission Expires Jan 31,2019
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Ad ID 734627