Ordinance 745.docxCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 745
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE V:RIGHT-OF-WAY
MANAGEMENT CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1.Article 17-V is hereby amended to read as follows:
ARTICLE 17-V RIGHT-OF-WAY MANAGEMENT
Sec 17-71 Findings, Purpose And Election To Manage The Public Rights-Of-Way
Sec 17-72 Definitions
Sec 17-73 Administration And Utility Coordination Committee
Sec 17-74 Registration And Right-Of-Way Occupancy
Sec 17-75 Registration Information
Sec 17-76 Reporting Obligations
Sec 17-77 Permit Requirement
Sec 17-78 Permit Applications
Sec 17-79 Issuance of Permit; Conditions
Sec 17-80 Action On Small Wireless Facility Permit Applications
Sec 17-81 Permit Fees
Sec 17-82 Delay Fee and Penalty
Sec 17-83 Joint Applications
Sec 17-84 Supplementary Applications
Sec 17-85 Other Obligations
Sec 17-86 Denial Of Permit
Sec 17-87 Installation Requirements
Sec 17-88 Inspection
Sec 17-89 Work Done Without A Permit
Sec 17-90 Supplementary Notification
Sec 17-91 Revocation Of Permits
Sec 17-92 Mapping Data
Sec 17-93 Location And Relocation Of Facilities
Sec 17-94 Right-Of-Way Patching And Restoration
Sec 17-95 Pre-Excavation Facilities Location
Sec 17-96 Damage To Other Facilities
Sec 17-97 Right-Of-Way Vacation
Sec 17-98 Indemnification And Liability
Sec 17-99 Abandoned And Unusable Facilities
Sec 17-100 Appeal
Sec 17-101 County or State Rights-of-Way
Sec 17-102 Reservation Of Regulatory And Police Powers
Sec 17-103 Severability
Sec 17-104 Exemptions
Sec. 17-105 Permit Close Out
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Editor's note(s)—Ord. No. 629, § 1, adopted Dec. 11, 2017, set out provisions intended for use as
Art. II, §§ 17-1—17-30. To preserve the style of this Code, and at the editor's discretion, these
provisions have been included as Art. V, §§ 17-71—17-101.
Sec 17-71 Findings, Purpose And Election To Manage The Public Rights-Of-Way
1. 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.
2. To create a transportation system that permits safe, efficient, and effective movement of
people and goods, the City shall limit access to collector streets, minor arterials,
intermediate arterials, and principal arterials.
3. Accordingly, the City hereby enacts this new article of this Code relating to right -of-way
permits and administration. This article 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 article, persons excavating and obstructing the rights-
of-way will bear financial responsibility for their work. Finally, this article provides for
recovery of out-of-pocket and projected costs from persons using the public rights-of-way.
4. This article shall be interpreted consistently with 1997 Session Laws, Chapter 123,
substantially codified in M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086
(the "Act"), and 2017 Session Laws, Chapter 94, and subsequent legislative amendments
to the Act, and the other laws governing applicable rights of the City and users of the right-
of-way, as amended. This article shall also be interpreted consistent with Minnesota Rules
7819.0050—7819.9950 and Minnesota Rules Chapter 7560 and subsequent amendments
thereto where possible. Those laws and rules are hereby adopted by reference, and to the
extent any provision of this article cannot be interpreted consistently with the Act or
Minnesota Rules, that interpretation most consistent with applicable statutory and case law
is intended. This article 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.
5. Pursuant to the authority granted to the City under state and federal statutory,
administrative and common law, the City hereby elects to manage rights-of-way within its
jurisdiction.
(Ord. No. 629, § 1, 12-11-17)
HISTORY
Amended by Ord. 709 on 5/22/2023
Sec 17-72 Definitions
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The following definitions apply to this Article 17 of this Code. References hereafter to "sections"
are, unless otherwise specified, references to sections in this article. 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 Chanhassen, Minnesota. For purposes of this article, 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 other governmental unit.
Commission. The Minnesota 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 M.S. § 216D.04, subd, 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:
1. Individual project bond;
2. Cash deposit;
3. Security of a form listed or approved under M.S. § 15.73, subd. 3;
4. Letter of credit, in a form acceptable to the City;
5. Self-insurance, in a form acceptable to the City;
6. 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.
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Degradation Fee. The estimated fee established at the time of permitting by the City to recover
costs associated with the degradation of the right-of-way, and which equals the degradation cost.
Delay Penalty. The penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration as established by a permit.
Department. The department of public works of the City.
Director. Unless otherwise assigned by the city manager, the director of the Department, or her
or his designee.
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 article, must be obtained before a person
may excavate in a right-of-way, public ground, or other property under the control and authority
of the City. An Excavation Permit allows the holder to excavate that part of the right-of-way or
property described in such permit.
Excavation Permit Fee. Money paid to the City by an applicant to cover the costs as provided
herein.
Facility or Facilities. Any tangible asset in the right-of-way required to provide utility service.
Five-Year Project Plan. A plan showing 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 such 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 article.
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
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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; M.S. §§ 237.162 or
237.163; or any ordinance enacted under those sections, or the City fees and costs related to
appeals taken pursuant to this article.
Micro-Wireless Facility. A small wireless facility that is no larger than 24 inches long, 15 inches
wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
Obstruct. 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 article, 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
herein.
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 M.S. § 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 article.
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 article.
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Probationary Period. One year from the date that a person has been notified in writing that they
have been put on probation.
Public Ground or Property. City owned, controlled or managed property including easement
areas.
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 non-wire
telecommunications or broadcast service.
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.
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.
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.
Right-of-way Permit. Either the excavation permit or the obstruction permit, or both, depending
on the context, required by this article.
Right-of-way User.
1. A telecommunications right-of-way user as defined by M.S. § 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.
Seasonally Prohibited. The time of year between November 15 and when spring load limit
restrictions are lifted.
Service or Utility Service. Includes: (1) those services provided by a public utility as defined in
M.S. § 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 M.S. ch. 238; (4) natural gas or electric energy or telecommunications
services provided by the City; (5) services provided by a cooperative electric association
organized under M.S. ch. 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
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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:
1. Each antenna is located inside an enclosure of no more than six cubic feet in volume or
could fit within such an enclosure; and
2. 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; or a Micro-Wireless Facility.
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.
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 article, a cable communication system defined and regulated
under M.S. ch. 238, and telecommunication activities related to providing natural gas or electric
energy services, a public utility as defined in M.S. § 216B.02, a municipality, a municipal gas or
power agency organized under M.S. chs. 453 and 453A, or a cooperative electric association
organized under M.S. ch. 308A, are not telecommunications right-of-way users for purposes of
this article except to the extent such entity is offering wireless service.
Temporary Surface. 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. If such excavation is below concrete or bituminous paved road
surfaces, directional bore facilities must be installed in conduit of a type determined by the
Permittee.
Two-Year Project Plan. A plan showing 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
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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.
Wireline Backhaul Facility. A facility used to transport communications data by wire from a
wireless facility to a communications network.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-73 Administration And Utility Coordination Committee
1. 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.
2. 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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-74 Registration And Right-Of-Way Occupancy
1. Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of-
way or place any equipment or facilities in or on the right-of-way, including persons with
installation and maintenance responsibilities by lease, sublease or assignment, must
register with the City. Registration will consist of providing application information.
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.
3. 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, pet
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fencing, minor irrigation systems, or other residential items in the area of the right-of-way
between their property and the street curb or edge of pavement. Said work 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 article. However, nothing herein relieves a
person from complying with the provisions of the M.S. ch. 216D, Gopher One Call Law.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-75 Registration Information
1. 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 numbers.
2. The name, address and e-mail address, if applicable, and telephone 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:
1. Verifying that an insurance policy has been issued to the registrant by an
insurance company licensed to do business in the State of Minnesota, or a
form of self-insurance acceptable to the City;
2. Verifying that the registrant is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the: (i)
use and occupancy of the right-of-way by the registrant, its officers, agents,
employees and permittees; and (ii) placement and use of facilities and
equipment in the right-of-way by the registrant, its officers, agents,
employees and permittees, including, but not limited to, protection against
liability arising from completed operations, damage of underground
facilities and collapse of property;
3. Naming the City as an additional insured as to whom the coverages required
herein are in force and applicable and for whom defense will be provided
as to all such coverages;
4. Requiring that the City be notified 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
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amounts sufficient to protect the City and the public and to carry out the
purposes and policies of this article;
6. The City may require a copy of the actual insurance policies;
7. If the person is a corporation, a copy of the certificate that is required to be
filed with the Secretary of State as recorded and certified to by the Secretary
of State;
8. A copy of the person's order granting a certificate of authority from the
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.
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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-76 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 1st 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.
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Thereafter, by February 1st of each year, 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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-77 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 a right-of-way permit from the City to do so. In the discretion of the
Director, permits may be designated or limited by nature of the use or type of facility and
include but are not limited to the following types:
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.
The City may use the permit process established under this article to manage excavations,
obstructions, small wireless facility placement or other uses of public property other than
rights-of-way as authorized by the council, but nothing herein grants any person any right
to use public property other than by express permission of the City.
b. Permit Extensions. No person may excavate, obstruct or occupy the right-of-way beyond
the date or dates specified in the permit unless: (i) such person makes a supplementary
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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
subsection (b) 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.
d. Permit Display. Permits issued under this article shall be conspicuously displayed or
otherwise available at all times at the indicated work site and shall be available for
inspection by the City. If the Permittee or their designee cannot produce a version of the
approved permit at the work site, the City shall have the right to stop work
e. Exceptions. An excavation or other right-of-way permit under this article is not required of
a licensed plumber who has secured a permit for the installation of water or sanitary sewer
services or an individual sewage treatment system.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-78 Permit Applications
Application for a permit is made to the City. Right-of-way permit applications shall contain, and
will be considered complete only upon compliance with, the requirements of the following
provisions:
a. Registration with the City pursuant to this article;
b. Submission of a completed permit application form, including all required attachments,
and scaled drawings showing the location and area of the proposed project, Right-of-way
and easement lines, and the location of all known existing and proposed facilities;
c. Payment of money due the City for:
1. Permit fees, estimated restoration costs and other management costs;
2. Prior obstructions or excavations;
3. Any undisputed loss, damage, or expense suffered by the City because of
applicant's prior excavations or obstructions of the rights-of-way or any emergency
actions taken by the City;
4. Franchise fees or other charges, if applicable.
d. Payment of disputed amounts due the City by posting security or depositing in an escrow
account an amount equal to at least 110 percent of the amount owing;
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e. Posting an additional or larger construction performance bond, or cash escrow, 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;
f. Except in instances when the City elects to restore the right-of-way as provided in this
section, delivery to the City of a construction performance bond, in an amount determined
by the Director to be sufficient to restore the right-of-way to the condition that existed
before the excavation by the applicant, including restoration of all street improvements,
sidewalks, utilities, and other public improvements that may be damaged as a result of
excavation and construction and other reasonable, directly-related costs that the City may
incur if the applicant fails to complete work within the right-of-way and restore the right-
of-way. The amount of the construction performance bond delivered at the time of permit
application may be reduced to take into account the amount of any construction
performance bond then in effect and previously delivered to the City by the Permittee that
provides coverage for such right-of-way restoration. In no event shall the construction
performance bond, or cash escrow, by in an amount of less than $10,000.00. The
construction performance bond shall remain in full force and effect until 60 days after
completion of all construction activities for which the permit has been issued, including
the rest of the right-of-way.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-79 Issuance of Permit; Conditions
a. Permit Issuance. If the applicant has satisfied the requirements of this article, 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
of the public or when necessary to protect the right-of-way and its current use. Such
conditions may include, but are not limited to:
1. A date by which the work for which the permit is issued and all restoration of rights-
of-way must be completed; and
2. In instances in which the scope of complexity of the work or facilities for which
the permit is to be issued requires, in the judgment of the Director, the retention of
an inspecting engineer, the city may retain a qualified inspecting engineer and pass
the incurred costs thereof onto the Permittee.
In addition, a Permittee shall comply with all requirements of local, state and federal
laws, including but not limited to, M.S. §§ 216D.01—216D.09 (Gopher One Call
Excavation Notice System) and Minnesota Rules Chapter 7560.
c. Small Wireless Facility Conditions.
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1. In addition to subsection (b) of this section, 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.
2. 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 of the public 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.
3. No wireless facility may extend more than ten feet above its wireless support
structure.
4. 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.
5. 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.
6. 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.
7. The portion of a small wireless facility attached to the wireless support structure
shall match the color of the wireless support structure. When an exact match is not
possible, unobtrusive colors shall be used.
8. Ground-mounted equipment and facilities shall be screened from view by
landscaping to the extent practical.
9. In districts zoned for residential use, all ground-mounted equipment and facilities
shall be placed underground to the extent practical. When underground installation
is not practical, all ground-mounted equipment shall be screened from adjacent
residential uses by landscaping.
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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 shall require
payment of rent and maintenance and electrical service fees as established pursuant to the
ordinance adopting fees. 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.
e. If the City has suffered any loss, damage, or expense because of the applicant, their
assignees, agents, or contractors, prior excavations or obstructions of the public right-of-
way or any emergency actions relating thereto, the Director may require the applicant to
reimburse the City for such expense before considering a new permit application for
approval.
(Ord. No. 629, § 1, 12-11-17)
HISTORY
Amended by Ord. 683 on 1/10/2022
Sec 17-80 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 application, 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.
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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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-81 Permit Fees
a. Excavation permit fee. The City shall impose an excavation permit fee in an amount per
the adopted Fee Schedule sufficient to recover:
1. Management Costs; and
2. Degradation Costs, if applicable.
b. Obstruction Permit Fee. The City shall impose an obstruction permit fee in an amount per
the adopted Fee Schedule 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 the permit fees.
e. Nonrefundable. Permit fees that were paid for a permit that the City has revoked for a
breach as stated herein are not refundable.
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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.
g. Fees. Fees required under this Article shall be as established pursuant to the ordinance
adopting fees.
(Ord. No. 629, § 1, 12-11-17)
HISTORY
Amended by Ord. 683 on 1/10/2022
Sec 17-82 Relocation Delay Fee and Penalty
a. Fee Imposed. Pursuant to Minnesota Statutes, section 237.163, subdivision 6 (a) and
Minnesota Rules part 7819.1000, the City may impose a fee to recover the costs the City
incurs that are caused by a right-of-way user failing to move or relocate facilities in
reasonable timeframe upon lawful order from the City to do so. The fee shall be limited to
actual costs incurred by the City due to the delay caused by the right-of-way user. The fee
may not be imposed when the delay is caused by inclement weather, acts of God, or civil
strike in the right-of-way user’s operational area. The fee amounts shall be established by
city council resolution based on the actual delay costs incurred by the City.
b. Delay Penalty. Pursuant to Minnesota Statues, section 237.162, subd. 8 (10) and
Minnesota Rules part 7819.1000, subp. 3, the City is hereby authorized imposition of
penalties for unreasonable delays in construction caused by a right-of-way user’s failure to
timely: (1) relocate existing facilities pursuant to Minnesota Rules part 7819.3100; or (2)
complete right-of-way excavation, obstruction, patching, or restoration. The delay penalty
amount shall be established from time to time by city council resolution. Reasonable delays
shall be those caused by inclement weather, acts of God, or civil strike in the right-of-way
user’s operational area. Unless waived in writing by the City, all other delays shall be
unreasonable delays.
c. Failure to Pay Fee or Penalty. A right-of-way user’s failure to pay a fee or penalty
imposed under this section shall be a misdemeanor. In addition, the City shall not issue
future right-of-way permits or renew a franchise agreement with such right-of-way user
until the fee or penalty has been paid in full.
Sec 17-83 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
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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 pa y the excavation or obstruction and degradation
portions of the permit fee, but a permit would still be required.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-84 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 new permit or permit revision and pay any
additional fees required thereby, and (ii) be granted a new permit or permit revision.
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 or a permit extension 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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-85 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, M.S. §§
216D.01—216D.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.
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1. Drainage: 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 in terfered
with.
2. Parking and Loading: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 solel y
within the defined permit area unless specifically authorized by the permit.
3. Maintenance of Traffic: Unless specifically authorized by the permit, the Permittee
shall not obstruct the free flow of vehicles with equipment, vehicles, materials, or
any other operations during the performance of the work. All work and control of
the work area shall follow the appropriate traffic control measures as outlined in
the Minnesota Manual of Uniform Traffic Control Devices (MnMUTCD). Fire
hydrants shall not be blocked.
d. Trenchless Excavation. As a condition of all applicable permits, any Permittee employing
trenchless excavation methods, including but not limited to, horizontal directional drilling,
shall follow all requirements set forth in M.S. ch. 216D and Minnesota Rules Chapter 7560
and shall require potholing or open cutting over existing underground utilities before
excavating, as determined by the director.
1. All installers shall meet the certification requirements set forth by applicable State
Statue.
e. Allowable construction hours. Permittees shall only be allowed to perform work associated
with the permit during the hours identified in City Code Sec 13-52(d).
(Ord. No. 629, § 1, 12-11-17)
Sec 17-86 Denial Of Permit
a. Reasons for Denial. The City may deny a permit for failure to meet the requirements and
conditions of this article or if the City determines that the denial is necessary to protect the
health, safety, and welfare of the public or, when necessary, to protect the right-of-way and
its current use.
b. Procedural Requirements. The denial of a permit must be made in writing and must
document the basis for the denial. The City must notify the applicant in writing within three
(3) business days of the decision to deny a permit. If an application is denied, the applicant
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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-87 Installation Requirements
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a. General Standards. Excavation, backfilling, patching, restoration, and all other work
performed in the right-of-way shall be done in conformance with all applicable Minnesota
Statutes and Administrative Rules, including without limitation Minnesota Rules
7819.1100 and 7819.5000, all requirements of these ordinances, and other applicable local
requirements, in so far as they are not inconsistent with the M.S. §§ 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 this article. The Permittee shall comply with the following
additional standards when performing the work authorized under the right-of-way permit:
1. Take such precautions as are necessary to avoid creating unsanitary conditions.
2. Conduct operations and perform the work in a manner that insures the least
obstruction to and interference with traffic.
3. Take adequate precautions to ensure the safety of the general public and those who
require access to abutting property.
4. Notify adjoining property owners prior to commencement of work which may
disrupt the use of or access to such adjoining properties.
5. Comply with Minnesota Manual of Uniform Traffic Control Devices at all times
during construction or installation.
6. Exercise caution at all times for the protection of persons, including employees,
and property.
7. Protect and identify excavations and work operations with barricade flags and, if
required, by a flag person in the daytime and by warning lights at night.
8. Provide proper trench protection as required by the Occupational Safety and Health
Administration in order to prevent cave-ins endangering life.
9. Protect the root growth of trees and shrubbery.
10. If possible, provide for space in the installation area for other right-of-way users.
11. Maintain general access to all properties and cross streets, if possible, during
construction and installation, and maintain emergency vehicle access at all times.
12. Maintain alignment and grade unless otherwise authorized by the City. Changes
not approved by the City will require removal and reconstruction.
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13. For excavations below concrete or bituminous paved road surfaces, directional bore
facilities must be installed in conduit of a type determined by the Permittee.
14. The placing of all telecommunications facilities must comply with the National
Electric Safety Code, as incorporated by reference in Minnesota Statutes Section
326B.35.
15. At the direction of the Director, facilities being installed or relocated within a high-
density corridor shall be placed in a common conduit system or share other common
structures.
16. A Minnesota licensed surveyor shall be used to locate property lines, install
property pins, and replace any destroyed property pins at corners.
17. Excavations, trenches, and jacking pits off the roadway or adjacent to the roadway
or curbing shall be sheathed and braced depending upon location and soil stability
and directed by the City.
18. Excavations, trenches, and jacking pits shall be protected when unattended to
prevent entrance of surface drainage.
19. All backfilling must be placed in six-inch (6”) layers at optimum moisture and
compacted with the objective of attaining ninety-five percent (95%) of Standard
Proctor. Compaction shall be accomplished with hand, pneumatic, or vibrating
compactors as appropriate.
20. Backfill material shall be subject to the approval of the City. The Director may
permit backfilling with the material from the excavation provided such material is
acceptable to the City.
21. Compacted backfill shall be brought to bottom of the aggregate base of the
approved street section, all road sections removed during the installation process
shall be reconstructed according to current City standard plates, unless in place
conditions require more HMA thickness.
22. All work performed in the right-of-way shall be done in conformance with local
specifications and standard details, unless a less stringent standard is approved by
the Director.
23. Street and pedestrian traffic shall be maintained throughout construction unless
provided otherwise by the permit, after City approval of a detour and/or traffic
control plan.
24. No lugs that could damage to roadway surface may be used.
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25. Dirt or debris must be periodically removed during construction, and at the
direction of the City, which may require the use of a mechanical sweeper.Other
reasonable standard and requirements of the Director or City.
b. Standards for Installation of Underground Facilities. The right-of-way Permittee shall
comply with the following standards when installing facilities underground:
1. Buried fiber facilities shall be at a minimum depth of three (3) feet and a maximum
depth of four (4) feet in the right-of-way outside of a street section, unless approved
in advance by the Director. Buried copper facilities below concrete or bituminous
paved road surfaces must be placed at a minimum depth of three (3) feet and a
maximum depth of four (4) feet. Other buried copper facilities must be placed at a
minimum depth of thirty (30) inches and a maximum depth of forty-four (44) inches
unless noted otherwise.
2. Crossing of streets and hard surfaced driveways shall be directional bored unless
otherwise approved by the Director and be done at a Min. Depth of 44” unless noted
otherwise.
3. The Permittee shall register with Gopher State One Call and comply with the
requirements of that system.
4. Compaction in a trench shall be ninety-five percent (95%) of Standard Proctor and
copies of compaction test results must be submitted to the Director. Tests will be
required at the discretion of the Director. Tests must be conducted by an
independent testing firm at location approved by the Director. The Director may
require re-compaction and new tests if density requirements are not met.
5. The facilities shall be located so as to avoid traffic signals and signs, which are
generally placed a minimum of three (3) feet behind the curb.
6. When utilizing trenchless installation methods to cross an area in which a municipal
utility is located, and when directed by the City, the Permittee shall excavate an
observation hole over the utility to ensure that the City utility is not damaged.
7. All junction boxes or access points shall be located no closer than ten (10) feet from
City hydrants, valves, manholes, lift stations, or catch basins unless an alternate
location is approved by the City.
8. Underground Facilities shall be installed at least 5’ from all from City hydrants,
valves, manholes, lift stations, or catch basins unless an alternate location is
approved by the City.
9. Underground facilities shall not be installed between a hydrant and an auxiliary
valve.
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10. Buried facilities must have a locating wire or conductive shield, except for
dielectric cables.
11. Buried fiber facilities must be placed in a conduit of a type determined by the right-
of-way user unless the Permittee obtains a waiver from the City.
c. Standards for Installation of Overhead Facilities. The right-of-way Permittee shall comply
with the following standards when installing facilities, other than small wireless facilities,
overhead:
1. All wires shall be a minimum of eighteen (18) feed above paved surfaces and at a
location that does not interfere with traffic signals, overhead signs, or street lights.
2. All overhead facilities within ROW and Easements outside of the City owned ROW
need to meet Requirments established by the Owner of the facility.Facilities shall
be co-located on poles where possible.
3. Placing overhead facilities on both sides of the right-of-way is prohibited unless
specifically approved by the City.
d. Trenchless Excavation. Any Permittee 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
employ potholing or open cutting over existing underground utilities before excavating as
determined by the City.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-88 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
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the permit. Within ten days after issuance of the order, the Permittee shall pres ent
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 this article.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-89 Work Done Without A Permit
a. Emergency Situations.
1. Each Registrant shall immediately notify the director of any event regarding its
facilities that it considers to be an Emergency. Such 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 article for the actions it took in response to the
Emergency.
2. 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 article.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-89 Supplementary Notification
If the obstruction or excavation of the right-of-way begins later or ends sooner than the date
given on the permit, the Permittee shall notify the City of the accurate information as soon as this
information is known.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-90 Revocation Of Permits
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a. Substantial Breach. The City reserves its right, as provided herein, to revoke any right-of-
way permit or small wireless facility 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 or the small
wireless facility 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
or a small wireless facility 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 this article.
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 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 (1) so contact the City, (2) timely submit an acceptable plan,
or (3) reasonably implement the approved plan, shall be cause for immediate revocation of
the permit and shall automatically place the Permittee on probation for a period of time
equal to the Probationary Period.
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 a period
of time equal to the Probationary Period, 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, such Permittee's permit will automatically be revoked, and the Permittee will not
be allowed further permits for one full year, except for emergency repairs.
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f. Revocation. Revocation of a small wireless facility permit shall be made in writing within
three (3) business days of the decision to revoke the permit and shall document the basis
for the revocation.
g. 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, the costs of collection, and
reasonable attorneys' fees incurred in connection with such revocation.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-92 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 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 Permittee'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 subsection (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 M.S. ch. 429; and
2. City approval under development agreements or other subdivision or site plan
approval under M.S. ch. 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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-93 Location And Relocation Of Facilities
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a. Location. Placement, location, and relocation of facilities must comply with the Permit,
local guide specifications and standard details, 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 the City.
b. Undergrounding. Unless otherwise agreed in a franchise or other agreement between the
applicable right-of-way user and the City, or as specified in the permit, facilities in the
right-of-way must be located or relocated and maintained underground.
c. Corridors.
1. 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 facility that is or, pursuant
to current technology, the City expects will someday be located within the right-of-
way. All excavation, obstruction, right-of-way or other permits issued by the City
involving the installation or replacement of facilities shall designate the proper
corridor for the facilities at issue. Facilities being installed or relocated within a
high-density corridor shall be placed in a common conduit system or share other
commons structures.
2. 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 article, 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 the health, safety and welfare of the public, 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.
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(Ord. No. 629, § 1, 12-11-17)
Sec 17-94 Pre-Excavation Facilities Location
In addition to complying with the requirements of M.S. §§ 216D.01—216D.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 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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-95 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 circumstan ces
beyond the control of the permittee or when work was prohibited as unseasonal or
unreasonable under this article.
b. Patch and restoration. Permittee shall patch its own work. The City may choose either to
have the permittee restore the right-of-way or to restore the right-of-way itself.
1. City Restoration. If the City restores the 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 backfilling, the permittee shall pay to the City, within
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
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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 this article.
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 such event, the
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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-96 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 such facilities, the City shall notify the local representative as
early as is reasonably possible. The costs associated with maintaining, supporting, or moving a
Registrant’s facilities will be the responsibility of that registrant and must be paid within 30 days
from the date of billing. Right-of-way users shall not damage or interfere in any matter with the
existence, condition, or operation of any public or private roads, streets, curbs, sidewalks,
sanitary sewers, water mains, storm drains, gas mains, overhead and underground electric and
telephone wires, or other utility services facilities without having first obtained the approval of
the owners of the affected property or facilities. 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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-97 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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-98 Indemnification And Liability
By registering with the City, or by accepting a permit under this article, a Registrant or Permittee
agrees to defend and indemnify the City in accordance with the provisions of Minnesota Rule
7819.1250.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-99 Abandoned And Unusable Facilities
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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 article have been
lawfully assumed by another registrant.
b. Removal. Any Registrant who has any abandoned facility 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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-100 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 M.S. §
237.163, subd. 6; or (5) disputes a determination of the Director under this article 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.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-101 County or State Rights-of-Way
A public right-of-way user who is required to obtain a county or state permit for excavation or
obstructions in a county or state right-of-way within the City must provide notification of the
proposed activity to the Director within one (1) week after obtaining the permit but no less than
48 hours before the activity would begin.
(Ord. No. ____, § ___, __________)
Sec 17-102 Reservation Of Regulatory And Police Powers
A Permittee's rights are subject to the regulatory and police powers of the City to adopt and
enforce general ordinances as necessary to protect the health, safety, and welfare of the public.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-103 Severability
If any portion of this article 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 article
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precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in
addition to requirements set forth herein.
(Ord. No. 629, § 1, 12-11-17)
Sec 17-104 Exemptions
The following persons are exempt from the requirements of this Article 17:
a. City employees acting within the course and scope of their employment and contractors
acting within the course and scope of a contract with the City;
b. Persons who install mailboxes in the public right-of-way in accordance with requirements
of the U.S. Postal Service; and
c. Persons who temporarily place residential household refuse containers in the public right-
of-way for the collection of solid waste or recyclables in accordance with the provisions of
City Code Chapter 16 SOLID WASTES
(Ord. No. ____, § ___, __________)
Sec 17-105 Permit Close Out
The Permittee shall complete the work by the required dates under the permit within 14 calendar
days after completion of the work, Permittee shall contact the City to close out the permit. The
following must be completed in order to close out the permit:
a. b Restoration shall be completed to the satisfaction of the City per permit conditions.
Until a permit is closed out by the City, all conditions of the permit shall remain valid and in full
effect, even if the permit expiration date has lapsed.
Section 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 19 day of May, 2025, by the City Council of the City of
Chanhassen, Minnesota
______________________________ ________________________________
Jenny Potter, City Clerk Elise Ryan, Mayor
(Published in the Sun Sailor on May 22, 2025)
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