HomeMy WebLinkAbout2011-009 Ordinance 2011-009
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE 2011-009
AN ORDINANCE ADDING SECTION 360.30,AMENDING SECTIONS 360.03 AND
360.04,AND OMITTING SECTION 710.01 OF THE CITY CODE
The Arden Hills City Council hereby ordains that Section 710.01 of the City Code shall be
omitted in its entirety, Section 360.30 be added, and Sections 360.03 and 360.04 be hereby
amended as follows:
Section 360 -Rights-of-Way
360.03 Definitions.
Subd. 1. The following definitions apply in this section of this code. References
. hereafter to "sections" are unless otherwise specified references to sections in this
section.
Subd. 2. Defined terms remain defined terms whether or not capitalized.
A. 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.
B. Applicant. Any person requesting permission to excavate or obstruct
a right-of-way.
C. City. The City of Arden Hills,Minnesota. For purposes of Subsection
360.28, City means its elected Officials, officers, employees and agents.
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D. Commission. The State Public Utilities Commission.
E. 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 (3), as amended from time to time, over a continuous
length in excess of 500 feet.
F. 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 (3), as
amended from time to time;
4. Letter of credit, in a form acceptable to the City;
5. Self-insurance, in a form acceptable to the City; or
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.
G. 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
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need to reconstruct such right-of-way earlier than would be required
if the excavation or disturbance did not occur.
H. Degradation Cost subject to Minnesota Rules 7819.1100. 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.
I. Degradation Fee. The estimated fee established at the time of
permitting by the City to recover costs associated with the decrease in
the useful life of the right-of-way caused by the excavation, and which
equals the degradation cost.
J. Inspector. Any person authorized by the City to carry out inspections
• related to the provisions of this section.
K. Delay Penalty. The penalty imposed as a result of unreasonable
delays in right-of-way excavation, obstruction, patching or restoration
as established by permit.
L. 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.
M. Equipment. Any tangible asset used to install, repair, or maintain
. facilities in any right-of-way.
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• N. Excavate. To dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
O. Excavation Permit. 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.
P. Excavation Permit Fee. Money paid to the City by an applicant to
cover the costs as provided in Subsection 360.12.
Q. Facility or Facilities. Any tangible asset in the right-of-way required
to provide utility service.
R. Five-Year Project Plan. Shows projects adopted by the City for
• construction within the next five years.
S. 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.
T. Hole. An excavation in the pavement, with the excavation having a
length less than the width of the pavement.
U. 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 section.
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V. Management Costs. The actual costs the City incurs in managing its
rights-of-way, including such costs, if incurred, as those associated
with registering applicants; issuing, processing and verifying right-of-
way 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 permits. "Management Costs" do not include payment by a
telecommunications right-of-way user for the use of the right-of-way,
the fees and cost of litigation relating to the interpretation of
Minnesota Session Laws 1997, Chapter 123; M.S. §§ 237.162 or
237.163, as amended from time to time, or any ordinance enacted
under those sections, or the City fees and costs related to appeals
taken pursuant to Subsection 360.29.
W. 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.
X. Obstruction Permit. 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.
Y. Obstruction Permit Fee. Money paid to the City by a permittee to
cover the costs as provided in Subsection 360.11.
Z. Patch or Patching. A method of pavement replacement that is
temporary in nature. A "Patch" consists of:
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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.
AA. 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.
BB. Permit. The meaning given "right-of-way permit" in M.S. § 237.162,
as amended from time to time.
CC. Permittee. Any person to whom a permit to excavate or obstruct a
right-of-way has been granted by the City under this section.
DD. 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.
EE. Probation. The status of a person that has not complied with the
conditions of this section.
FF. Probationary Period. One year from the date that a person has been
notified in writing that they have been put on probation.
GG. Registrant. Any person who:
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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.
HH. 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.
II. 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.
JJ. Right-of-Way Permit. Either the excavation permit or the obstruction
permit, or both, depending on the context, required by this section.
KK. Right-of-Way, Public. An area dedicated to public use, in which the
public has a dedicated interest, for travel purposes and public utility
infrastructure. In addition to the roadway, a right-of-way may
include, but is not limited to, curbs, sidewalks, boulevards, lighting,
and drainage accommodations.
1. Right-of-Way, improved. The portion of the public right-of-
way that contains roads and/or sidewalks for public use.
2. Right-of-Way, unimproved. The portion of the public right-of-
way that is not being actively used for roadway and/or
sidewalks, also referred to as the boulevard.
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LL. Right-of-Way User.
1. A telecommunications right-of-way user as defined by M.S.
§ 237.162 (4), as amended from time to time; 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.
MM. Service or Utility Service.
1. Those services provided by a public utility as defined in M.S.
§ 216B.02 (4) and (6), as amended from time to time;
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, as amended from time to time;
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, as amended from time to
time; and
6. Water, sewer, steam, cooling or heating services.
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NN. Supplementary Application. An application made to excavate or
PP rY PP
obstruct more of the right-of-way than allowed in, or to extend, a
permit that had already been issued.
00. 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.
PP. Trench. An excavation in the pavement, with the excavation having a
length equal to or greater than the width of the pavement.
QQ. Telecommunication 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
transporting telecommunication or other voice or data information.
For purposes of this section, a cable communication system defined
and regulated under M.S. Ch. 238, as amended from time to time, and
telecommunication activities related to providing natural gas or
electric energy services whether provided by a public utility as defined
in M.S. § 21613.02, as amended from time to time, a municipality, a
municipal gas or power agency organized under M.S. Chs. 453 and
453A, as amended from time to time, or a cooperative electric
association organized under M.S. Ch. 308A, as amended from time to
time are not telecommunications right-of-way users for purposes of
this section.
RR. Two-Year Project Plan. Shows projects adopted by the City for
construction within the next two years.
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360.04 Administration. The City is the principal City Official responsible for the
administration of the rights-of-way, right-of-way permits and the ordinances related
thereto. The City may delegate any or all of the duties hereunder.
360.05 Registration and Right-of-Way Occupancy.
Subd. 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. Persons maintaining the unimproved portion of the right of
way between their property and the edge of the pavement of a roadway shall not be
deemed to use or occupy the right-of-way. Such persons shall conform to the
provision in Section 360.30. Nothing herein relieves a person from complying with
the provisions of the M.S. Ch. 216D, Gopher One Call Law, as amended from time
to time.
360.30 Maintenance of the Right-of-Way.
Subd. 1. Purpose. The right-of-way is public or private land dedicated for public
use for the purposes of pedestrian and vehicular movement, snow storage, road
reconstruction projects, drainage, and utilities. The area dedicated for public use
generally includes both improved (paved) and unimproved (landscaped) portions of
land. Property owners adjacent to the right-of-way are responsible for maintaining
the unimproved portion of the right-of-way. The City of Arden Hills has adopted
this Section to ensure the integrity of its streets, to ensure appropriate use of the
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right-of-way, and to regulate the private use and maintenance of the unimproved
portion of the right-of-way between an adjacent property and the edge of the
pavement of a roadway, also called a "boulevard".
Subd. 2. Scope.
A. The following activities shall be deemed maintenance of the right-of-
way, and shall be allowed without a permit, provided the activities are
conducted within the boulevard, between a person's property and the
edge of the improved portion of the right-of-way, and the
maintenance activities do not impede the City's use of the right-of-
way:
1. Planting and maintaining perennial and/or annual flowers,
shrubberies, gardens, and rain gardens;
2. Installing and maintaining private driveways, sidewalks, curb and
gutter, or parking lots, which are allowed with an approved
permit from the City;
3. Installing and maintaining mail boxes in conformance with
Federal Post Office Regulations;
4. Installing and maintaining irrigation systems or below-ground pet
containment systems;
5. Engaging in snow removal activities; or
6. Undertaking activities on behalf of federal, state, county, or city
agencies.
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• B. The following activities shall not be deemed maintenance of the right-
of-way, and shall be prohibited within the boulevard, between a
person's property and the edge of the improved portion of the right-
of-way:
1. Placement of above-ground fences;
2. Placement of retaining walls without a permit;
3. Placement of large boulders within fifteen (15) feet of the edge of
the pavement; or
4. Placement of other major landscaping improvements or
obstructions, as determined by the City, within fifteen (15) feet of
the edge of the pavement.
Subd. 3. Responsibility of Private Owners. It shall be the responsibility of the
P tY
adjacent property owner to:
A. Maintain the boulevard between their property and the improved
portion of the right-of-way. Improvements made within the right-of-
way by a property owner are done so at the property owner's own
risk, and may be removed by the City at the owner's expense. The
City is not responsible for damage to landscaping or other right-of-
way improvements resulting from any activity related to the City's
use of the right-of-way.
B. Allow only those plant materials that do not have characteristics
detrimental to the public welfare, such as susceptibility to disease and
wind damage, or a tendency to interfere with utilities, public
easements, or rights-of-way.
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C. Trim, prune, maintain, and/or remove as necessary, any tree in the
boulevard between their property and the improved portion of the
right-of-way. Trees shall be pruned to sufficient height to allow free
passage of pedestrians and vehicular traffic: nine (9) feet over
sidewalks and sixteen (16) feet over streets. Trees not properly
maintained, or found to be structurally unsound, may be deemed a
public nuisance by the City Forester, and abated in accordance with
Section 602 of the City Code.
A Remove any tree in the boulevard between their property and the
improved portion of the right-of-way found to be diseased or dying by
the City Forester, in accordance with Section 710 of the City Code.
The adjacent property owner is responsible for the cost of removing
trees located in the right-of-way.
E. Maintain driveway approaches in a safe condition that does not cause
• a maintenance problem, and in a manner that does not interfere with
or obstruct the drainage carried by the adjoining street or the use of
the adjoining street for travel, as determined by the City. If a
driveway approach is not maintained in this manner, the City may
require the property owner to alter the driveway approach in order to
meet the requirements of this Section. If the property owner fails to
alter the driveway as directed by the City, it will constitute a public
nuisance under Chapter 602.01 and may be abated under Chapter
602.05 or 602.06.
360.31 Rights of the City. The City maintains the right to plant, prune, maintain, remove,
or perform any other arboricultural practices as deemed necessary by the City on all
public property and in the right-of-way.
360.32 Placement of Trees in the Right-of-Way
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Subd. 1. Purpose. The planting of trees in areas of the City dedicated for public
• streets,which are sometimes referred to in this Section as boulevard trees, is a
matter of public interest. It is the purpose of this Section to provide a procedure for
planting boulevard trees under certain circumstances and subject to certain
regulations as provided by this Section.
Subd. 2. Permitted Varieties. Only the following types of trees shall be permitted
under the provisions of this Section: Hackberry; Norway, Sugar or Red Maple;
Linden; and other species as approved by the City. Under no circumstances shall
cottonwood trees, non-disease resistant elm trees, or any species of ash tree be
planted in the City.
Subd. 3. Space. At the time of planting, trees which will exceed forty (40) feet at the
height of maturity shall be spaced at least twenty-five (25) feet apart.
is
Subd. 4. Prohibited Locations. Trees shall not be planted in the following manner:
A. Within fifteen (15) feet of the improved portion of the right-of-way;
B. Within ten (10) feet of any fire hydrant, utility pole or other fixture;
C. Under or within ten (10) level feet of any overhead wire or over or
within ten (10) lateral feet of an underground utility;
D. In such a way that it will now or in the future materially impede the
clear vision area.
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4DEffective Date. This Ordinance shall become effective the day following its publication.
Adoption Date. Passed by the City Council of the City of Arden Hills the 10`h Day of October
2011.
DAVID GRANT, MAYOR
ATTE
PATRICK KLAERS
CITY ADMINISTRATOR
Publication Date: October 10, 2011
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