HomeMy WebLinkAbout2017-11-02 TPC Memorandum TPC3601 Thurston Avenue N,Suite 100 ENCLOSURE
Anoka,MN 55303
Phone:763.231,5840
Facsimile:763.427.0520
TPC@ Plan n i ngCo.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: November 2,2017
RE: Oak Park Heights—Small Cell Technology—Planning Commission
TPC FILE: 236.01 —17.03
The Planning Commission, at their October 11, 2017 meeting, discussed the work
program and schedule to address the small cell wireless issue. The City will need to
make changes to its Regulation of Public Rights of Way, Chapter 704 of the City Code,
to address small cells. Additionally, the City will need to develop a permit application
that would lay out the terms and conditions for the small cell wireless provider. Finally,
the City will review its regulations found in Section 401.15.P Antennas in the Zoning
Ordinance to add the regulation of small cells on private property.
The City Council,at their September 26,2017 meeting,authorized staff to move forward
with changes to the City Code,including the Zoning Ordinance.
Attached for Reference:
Exhibit 1: Draft Regulation of Public Rights of Way,Chapter 704 City Code
Exhibit 2: Draft Pole Attachment Application/Permit
Please find as attached the draft changes to Chapter 704. The revised sections are
highlighted in red. This is a rough draft and staff will work with the City Attorney on the
final language and to address any issues. Also, a permit application has been drafted
that will be provided to an applicant outlining the required information and process.
Staff is currently reviewing Section 401.15.P Antennas of the Zoning Ordinance and will
have suggested changes ready for the November 9,2017 meeting.
The Planning Commission should review the draft of the changes that need to be made
to the City Code as well as the permit application and provide any suggested revisions
or edits at the meeting. The Planning Commission should also schedule a public
hearing for the December 14,2017 meeting.
704
CITY OF OAK PARK HEIGHTS,
WASHINGTON COUNTY MINNESOTA
AN ORDINANCE RELATING TO THE ADMINISTRATION AND REGULATION OF
PUBLIC RIGHTS-OF-WAY AND THE REGULATION OF PUBLIC WAY PERMITS
GOVERNMING RIGHT-OF-WAY USERS PROVIDING UTILITY SERVICE
THE COUNCIL OF OAK PARK HEIGHTS ORDAINS:
Sections 701.01 through 704.09 of Chapter 704 of the Oak Park Heights Code of Ordinances
(hereafter"this Code") is hereby repealed in its entirety, and is replaced by the following, to read as
follows:
Sec. 704.01. Findings, Purpose, and Intent.
This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified
in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the"Act")and
the other laws governing applicable rights of the City and users of the right-of-way. This Section shall
also be interpreted consistent with Minnesota Rules 7819.0050—7819.9950 where possible. To the extent
any provision of this Section cannot be interpreted consistently with the Minnesota Rules, the
interpretation most consistent with the full delegation of statutory and common law police power is
intended.
Sec. 704.02. Election to Manage the Public Rights-of-Way
Pursuant to the authority granted to the City under state and federal statutory, administrative and
common law, the City elects and has previously elected pursuant Minnesota Statutes, section
237.163 subd. 2(b),to manage rights-of-way within its jurisdiction.
Sec. 704.03. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant means any person requesting permission to excavate or obstruct a right-of-way.
City means the City of Oak Park Heights, Minnesota. For purposes of this ordinance, the
term"City"means its elected officials, officers, employees and agents.
Collocate or collocation means to install, mount, maintain, modify, operate, or replace a
small wireless facility on, under, within, or adjacent to an existing wireless support
structure that is owned privately or by a local government unit.
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Construction Performance Bond means a performance bond, or other form of security
posted to ensure the availability of sufficient funds to assure that right-of-way excavation
and obstruction work is completed in accordance with the terms of the right-of-way permit,
or other applicable state law or local regulation.
Delay Penalty means the penalty imposed as a result of unreasonable delays in right-of-way
construction.
Department means the department of public works of the City
Department Inspector means any person authorized by the director to carry out inspections
related to the provisions of this chapter.
Director means the City Administrator or his designee.
Developer means any person or entity seeking to develop vacant or occupied land for
commercial,business or residential purposes by subdivision,re-development,platting, or
reconstruction of existing improvements in whole or part.
Emergency means a condition that poses a clear and immediate danger to life or health, or of
a significant loss or damage to property.
Equipment means any tangible asset used to install, repair, or maintain facilities in any
right-of-way.
Excavate means to dig into or in any way remove or physically disturb or penetrate any part
of a right-of-way.
Excavation permit means the permit which,pursuant to this article,must be obtained before
a person may excavate in a right-of-way. An excavation permit allows the holder to
excavate that part of the right-of-way described in such permit.
Excavation permit fee means money paid to the City by an applicant to cover the costs as
provided by ordinance or building code.
Facility means any tangible asset in the right-of-way required to provide utility service.
Five-year project plan shows projects adopted by the city for construction within the next
five years.
Local Representative means a local person, or designee of such person, 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 means the actual costs the city incurs in managing its rights-of-way,
including,but not limited to, such costs 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
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revoking right-of-way permits.
Obstruct means to place any tangible object in a right-of-way so as to hinder free and open
passage over that or any part of the right-of-way.
Obstruction Permit means 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 by placing equipment described
therein on the right-of-way for the duration specified therein.
Obstruction Permit Fee means money paid to the City by a permittee to cover the city's cost
of supervising house or building moving.
Patch or Patching means a method of pavement replacement that is temporary in nature. A
patch consists of the compaction of the sub base and aggregate base, and 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.
Permittee means any person to whom a permit to excavate or obstruct a right-of-way has
been granted by the City under this article.
Person means any natural person or corporation,business association or other business
entity including,but not limited to, a partnership, a sole successor or assign of any of the
foregoing, or any other legal entity.
Pole Attachment Application Permit means a permit required to attach a wireless
telecommunication facility to existing public utility structures in the public right-of-way, as
required by this article.
Probation means the status of a person that has not complied with the conditions of this
article.
Probationary Period means one year from the date that a person has been notified in writing
that they have been put on probation.
PUC means the state public utilities commission.
Registrant means any person who has or seeks to have its equipment or facilities located in
any right-of-way, or in any way occupies or uses, or seeks to occupy or use, the right-of-
way or place its facilities in the right-of-way.
Restoration Cost means the amount of money paid to the City by a permittee to achieve the
level of restoration as required by the City.
Restore or Restoration means the process by which a right-of-way is returned to the same
condition and life expectancy that existed before excavation.
Right-of-Way Permit means either the excavation permit or the obstruction permit, or
both, depending on the context, required by this article.
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Right-of-Way User means (1) a telecommunications right-of-way user as defined by
Minnesota Statutes, section 237.162, subd. 4; or(2) a person owning or controlling a facility
in the right-of-way that is used or intended to be used for providing utility service, and who
has a right under law, franchise, or ordinance to use the public right-of-way.
Service or Utility Service means and includes (1)those services provided by a public utility
as defined in Minn. Stats. 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 system as defined in Minn. Stats. Chapter. 238.02, subd. 3; (4)
natural gas or electric energy or telecommunications services provided by the City; (5)
services provided by a cooperative electric association organized under Minn. Stats.,
Chapter 308A; and(6) water, and sewer, including service laterals, steam, cooling or
heating services.
Service Lateral means an underground facility that is used to transmit, distribute, or furnish
gas, electricity, communications, or water from a common source to an end-use customer.
The term"service lateral" also means an underground facility that is used in the removal of
wastewater from a customer's premises.
Small Wireless Facility means a wireless facility located inside an enclosure of no more
than six fee in volume or, in the case of an antenna that has exposed elements, the antenna
and all its exposed elements could fit within an enclosure of no more than six cubic feet.
Supplementary Application means an application made to excavate or obstruct more of the
right-of-way than allowed in, or to extend, a permit that had already been issued.
Telecommunication Right-of-Way User means a person owning or controlling a facility in
the right-of-way, or seeking to own or control a Facility in the right-of-way, which 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 Minn. Stat. Chap. 238, and telecommunication activities related to
providing natural gas or electric energy services whether provided by a public utility as
defined in Minn. Stats. Sec. 216B.02, a municipality, a municipal gas or power agency
organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association
organized under Minn. Stats. Chap. 308A, are not telecommunications right-of-way.
Unusable Facilities means facilities in the right-of-way which have remained unused for
one year and for which the registrant is unable to provide proof that it has either a plan to
begin using the facilities within the next 12 months or has a potential purchase or user of the
facilities.
Utility Permit means the permit which,pursuant to this section,must be obtained before a
person may excavate in a right of way. A utility permit allows the holder to excavate that
part of the right-of-way described in such permit.
Wireless Support Structure means a new or existing structure in a public right of way
designed to support or capable of supporting small wireless facilities, as reasonably
determined by a local government unit.
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Wireless Telecommunication Facility means a tangible asset used to provide wireless
telecommunication or data services, including all antennas, support devices, equipment
including ground equipment, associated cables and attachments.
Sec. 704.04.
"Service or Utility Service" means and includes (1) those services provided by a public utility as defined
in Minnesota Statutes 216B.02, subdivisions 4 and 6; (2) services of a telecommunications right-of-way
user, including transporting of voice or data information; (3) services of a cable communications system
as defined in Minnesota Statutes, chapter. 238.02, subdivision 3; (4) natural gas or electric energy or
telecommunications services provided by the City; (5) services provided by a cooperative electric
association organized under Minnesota Statutes, Chapter 308A; and (6) water, sewer, including service
laterals, steam, cooling or heating services."
Sec. 704.05. Permit Requirement.
(a)Permit Required. Except as otherwise provided in this Code, no person may obstruct or excavate any
right-of-way without first having obtained the appropriate right-of-way permit from the director to do so.
(1) Excavation Permit. An excavation permit is required by a registrant to excavate that part of the
right-of-way described in such permit and to hinder free and open passage over the specified portion
of the right-of-way by placing facilities described therein, to the extent and for the duration specified
therein.
(2) Obstruction Permit. An obstruction permit is required by a registrant to hinder free and open
passage over the specified portion of right-of-way by placing equipment described therein on the
right-of-way, to the extent and for the duration specified therein. An obstruction permit is not
required if a person already possesses a valid excavation permit for the same project.
(3) Overhead Facilities. Permits for installation, repair or other work on above-ground facilities
within the meaning of Minn. Stat. Section 237.163, sudb. 6(b)(4)will be obstruction permits,
notwithstanding the need for excavation,provided the excavation is augured or hand dug for the
purpose of placing a pole type structure.
(4)Pole Attachment Permit. A pole attachment permit is required by the registrant to attach a
wireless telecommunication facility to an existing public utility structure in the public right of way.
The city shall issue or deny the permit within 90 days after the date a small wireless facility
application is filed and deemed complete. The city shall provide a written notice of incompleteness
to the applicant within 30 days of receipt of the application, identifying all missing documents or
information and providing the applicant adequate time to complete the application.
(b)Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates
specified in the permit unless such person makes a supplementary application for another right-of-way
permit before the expiration of the initial permit, and a new permit or permit extension is granted.
(c)Delay Penalty. 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.
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(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 director or his
designee.
Sec. 704.06. Undergrounding.
Subd. 1. Purpose. The purpose of this section is to promote the health, safety and general
welfare of the public and is intended to foster(i) safe travel over the right-of-way, (ii)non-travel related
safety around homes and buildings where overhead feeds are connected and (iii) orderly development in
the City consistent with its Comprehensive Plan, City Design Guidelines and City Council policies as
adopted from time to time. Location and relocation, installation and reinstallation of Facilities in the
right-of-way or in or on other public ground must be made in accordance with this section and is intended
to be enforced consistently with state and federal law regulating right-of-way users,to the fullest extent of
the City's statutory and common law authority.
Subd.2. Undergrounding of Facilities. All Facilities newly installed, constructed or
otherwise placed in the public right-of-way or in other public property held in common for public use
must be located and maintained underground pursuant to the terms and conditions of this section and in
accordance with applicable construction standards, subject to the exceptions below. Above-ground
installation, construction, modification, or replacement of existing meters, gauges,transformers, street
lighting,pad mount switches, capacitor banks,re-closers and service connection pedestals shall be
allowed. These requirements shall apply equally outside of the corporate limits of the City coincident
with City jurisdiction of platting, subdivision regulation or comprehensive planning as may now or in the
future be allowed by law.
Subd.3. Undergrounding of Permanent Replacement,Relocated or Reconstructed
Facilities. If the City finds that one or more of the purposes set forth in Section 704.060 subd. 1 would be
promoted, the City may require a permanent replacement,relocation or reconstruction of a Facility to be
located, and maintained underground,with due regard for seasonal working conditions. For purposes of
this subdivision,reconstruction means any substantial repair or relocation of or any improvement to
existing Facilities. Undergrounding may be required whether a replacement,relocation or reconstruction
is initiated by the right-of-way user owning or operating the Facilities, or by the City in connection with
(1)the present or future use by the City or other local government unit of the right-of-way or other public
ground for a public project, (2)the public health or safety, or(3)the safety and convenience of travel over
the right-of-way. Subject to Subdivision 4 below, all relocations from previously placed underground
facilities shall be to another underground location.
Subd.4. Exceptions to Undergrounding. The following exceptions to the strict application
of this Subdivision shall be allowed upon the conditions stated:
A. Technical/Economic Feasibility; Promotion of Policy. Above-ground installation,
construction, or placement of Facilities shall be allowed in residential, commercial and
industrial areas where the council, following consideration and recommendation by the
planning commission, finds that:
1. Underground placement would place an undue financial burden upon the
landowner or City ratepayers or would substantially deprive the landowner of the
preservation and enjoyment of substantial property rights; or,
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2. Underground placement is demonstrated to be not technically feasible due to
topographical, subsoil or other existing conditions which adversely affect
underground Facilities placement; or,
3. Failure to promote the purposes of undergrounding. The right-of-way user clearly
and convincingly demonstrates that none of the purposes under Section 704.060
would be advanced by underground placement of Facilities on the project in
question, or the City determines on its own review that undergrounding is not
warranted based on the circumstances of the proposed undergrounding.
B. Temporary Service. Above-ground installation, construction, or placement of temporary
service lines shall only be allowed:
1. During new construction of any project for a period not to exceed three(3)months;
2. During an emergency in order to safeguard lives or property within the City;
3. For a period of not more than seven(7)months when soil conditions make
excavation impractical.
C. Facilities Subject to Minnesota Statutes, Sections 216B.243 and chapter216E. Facilities
that are subject to certificate of need and siting and routing requirements of the Minnesota
Public Utilities Commission are exempted from this section to the extent that the City's
undergrounding authority is preempted by law.
D. Wireless Communication Facilities. Above ground installation, construction, or
placement of wireless communication devices shall be subject to the following:
1. Purpose. The city desires high quality wireless communication services to
accommodate the needs of residents and businesses. At the same time,
the city strives to minimize the negative impacts that wireless telecommunication
facilities can have on aesthetics and public safety. Due to the many services that
must be delivered within its limited area, the city also strives to avoid unnecessary
encumbrances within the public right-of-way. The city allows and regulates
wireless telecommunication facilities outside of the public right-of-way through
performance standards and height limits. The purpose of this section is to regulate
wireless telecommunication facilities within the public right-of-way in a manner
that balances desire for service with aesthetic,public safety and right-of-way
flexibility concerns.
Public rights-of-way are appropriate locations for wireless telecommunication
facilities that present minimal impacts (i.e., small pole attachments that do not
require new poles, do not require pole extensions, and do not have associated
ground mounted equipment). Wireless telecommunication facilities that require
greater heights than can be afforded by existing poles in the public right-of-way
and that require ground mounted equipment are more appropriately sited outside
the public right-of-way in accordance with adopted performance standards of this
code. However, the city recognizes that as wireless technology advances, some
residential areas of the city may be hard to serve with wireless technology due to
the lack of siting alternatives in the immediate vicinity. In such areas, where no
alternative non-right-of-way locations are available, wireless telecommunication
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facilities that require pole extensions and ground equipment will be allowed in the
public right-of-way subject to the requirements of this section which are meant to
protect the public health, safety and welfare.
2. Wireless telecommunication facilities as pole attachments. Wireless
telecommunication facilities that comply with the following requirements may be
attached to existing public utility structures within the right-of-way after issuance
of a pole attachment permit.
(A) The wireless telecommunication facility shall not extend above the top of the
existing public utility structure by more than ten feet and the height of the
existing public utility structure shall not be increased to accommodate the wireless
telecommunication facility.
(B) If the public utility structure must be replaced to structurally accommodate
the wireless telecommunication facility, the replacement public utility structure
height shall not exceed the existing public utility structure height and the
replacement public utility structure diameter shall not exceed the existing public
utility structure diameter by more than 50%.
(C) The wireless telecommunication facility shall not be larger than six cubic
feet in volume and shall have no individual surface larger than four square feet.
(D) The wireless telecommunication facility shall not extend outward from the
existing pole or tower or arm thereof by more than two and one-half feet, except
that an antenna one-half inch in diameter or less may extend an additional six
inches.
(E) The wireless telecommunication facility shall include no ground mounted
equipment within the planned widened rights-of-way.
(F) The wireless telecommunication facility shall not interfere with public safety
communications and shall meet the requirements of this code.
(G) Wireless telecommunication facilities in the right-of-way shall be removed
and relocated at city request subject to the provisions of Sec.704.23.
(H) The wireless telecommunication facility shall not block light emanating from
the public utility structure and shall not otherwise interfere with the original use of
the public utility structure.
3. Wireless telecommunication facilities as new wireless support structures,pole
extensions or with ground mounted equipment. Wireless telecommunication
facilities that require new wireless support structures, increased public utility
structure height or that have ground mounted equipment may be erected in
the public right-of-way only when in compliance with the following provisions and
after issuance of a pole attachment permit or excavation permit.
(A) The applicant shall demonstrate to the satisfaction of the Director or designee
that the wireless telecommunication facility cannot be placed in a code complying
location outside the right-of-way within one-quarter mile of the proposed location.
(B) The replacement public utility structure, including lightning rods and all
other attachments, shall not exceed the height of the existing public utility structure
by more than ten feet. Once the height of a public utility structure has been
increased under the provisions of this section, the height shall not be further
increased.
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(C) The replacement public utility structure diameter shall not exceed the existing
public utility structure diameter by more than 50%.
(D) The wireless telecommunication facility shall not extend outward from the
public utility structure by more than two feet.
(E) If feasible and desirable, as determined by the Director or designee, the
replacement public utility structure shall match the original and surrounding
public utility structures in materials and color.
(F) The wireless telecommunication facility shall not interfere with public safety
communications and shall meet the requirements of this code.
(G) A pole attachment or excavation permit for a wireless telecommunication
facility that has ground mounted equipment will be issued only if the issuing
authority finds the following:
(i) The ground mounted equipment will not disrupt traffic or pedestrian
circulation;
(ii) The ground mounted equipment will not create a safety hazard;
(iii) The location of the ground mounted equipment minimizes impacts on
adjacent property; and
(iv) The ground mounted equipment will not adversely impact the health,
safety or welfare of the community.
(H) Ground mounted equipment associated with the wireless telecommunication
facility shall meet the following performance standards:
(i) Be set back a minimum of ten feet from the planned widened rights-of-
way;
(ii) Be separated from a sidewalk by a minimum of three feet;
(iii) Be set back a minimum of 50 feet from the nearest intersecting right-
of-way line;
(iv) Be separated from the nearest ground mounted wireless
telecommunication equipment installation on the same block face by a
minimum of 330 feet unless the equipment is placed underground;
(v) Ground mounted equipment and all wireless equipment associated with
the wireless communication facility shall be limited to 28 cubic feet in
cumulative size.
(vi) Ground mounted equipment located outside the planned widened
public right-of-way shall conform with the requirements of this code; and
(vii) Vegetative or other screening compatible with the surrounding area
shall be provided around the ground mounted equipment if deemed
necessary by the Director designee.
(I) Wireless telecommunication facilities in the right-of-way shall be removed and
relocated at city request subject to the provisions of Sec. 704.23.
4. New poles. The erection in the right-of-way of a new pole to support wireless
telecommunication facilities is allowed, but shall not exceed fifty feet above ground
level, subject to the requirements of this section. The new poles shall be subject to
the separation requirements found in Article 401.15.P of this code.
5. Charges. In addition to the permit fees outlined in Sec. 704.11, the city reserves the
right to charge telecommunication providers for their use of the public right-of-
way to the extent that such charges are allowed under state law.
Telecommunication providers shall be responsible for payment of property taxes
attributable to their equipment in the public right-of-way.
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Subd. 5. Developer Responsibility. All owners of land, applicants seeking to plat real
property, or developers seeking to develop and build upon land within the City are responsible for
complying with the requirements of this Subdivision, and prior to final approval of any plat or
development plan, shall submit to the Director written instruments from the appropriate right-of-way
users showing that all necessary arrangements with said users for underground installation of such
Facilities have been made.
Sec. 704.07. Registration and Right-of-Way Occupancy.
(a) 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 director. Registration will consist of providing application information
and paying a registration fee.
(b) Registration prior to work. No person may construct, install, repair,remove,relocate,
or perform any other work on, or use any facilities or any part thereof in any right-of-way
without first being registered with the director.
(c) Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a
City ordinance permitting persons to plant or maintain boulevard plantings or gardens in
the area of the right-of-way between their property and the street curb. Persons planting
or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the
right-of-way, and shall not be required to obtain any permits under this article or satisfy
any other requirements for planting or maintaining such boulevard plantings or gardens
under this article.
Sec. 704.08. Registration Information.
(a) Information required. The information provided to the director at the time of
registration shall include,but not be limited to:
(1) Each registrant's name, Gopher One Call registration certificate number, address
and e-mail address, if applicable, and telephone and facsimile numbers.
(2) The name, address and e-mail address, if applicable, and telephone and facsimile
numbers of a local representative. The local representative or designee shall be available at
all times. Current information regarding how to contact the local representative in an
emergency shall be provided at the time of registration.
(3)A certificate of insurance or self-insurance:
a. Verifying that an insurance policy has been issued to the registrant by an insurance
company licensed to do business in the State of Minnesota, or a form of self-
insurance acceptable to the director;
b. Verifying that the registrant is insured against claims for personal injury, including
death, as well as claims for property damage arising out of the use and occupancy of
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the right-of-way by the registrant, its officers, agents, employees and permittees, and
placement and use of facilities and equipment in the right-of-way by the registrant, its
officers, agents, employees and permittees, including,but not limited to, protection
against liability arising from completed operations,damage of underground facilities
and collapse of property;
c. Naming the City as an additional insured as to whom the coverages required herein
are in force and applicable and for whom defense will be provided as to all such
coverages;
d. Requiring that the director be notified 30 days in advance of cancellation of the
policy or material modification of a coverage term;
e. Indicating comprehensive liability coverage, automobile liability coverage, workers
compensation and umbrella coverage established by the director in amounts sufficient
to protect the City and the public and to carry out the purposes and policies of this
article.
(4)The City may require a copy of the insurance policies.
(5) If the person is a corporation, a copy of the certificate of corporation that has been
recorded and certified to by the secretary of state pursuant to state statutes.
(6)A copy of the person's order granting a certificate of authority from the state public
utilities commission or other applicable state or federal agency, where the person is lawfully
required to have such certificate from said commission or other state or federal agency.
(b) Notice of changes. The registrant shall keep all of the information listed in subsection
(a)of this section current at all times by providing to the director information as to
changes within 15 days following the date on which the registrant has knowledge of any
change.
Sec. 704.09. Reporting Obligations.
(a) Operations.
(1) 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 director. Such plan shall be submitted using a format designated by the director
and shall contain the information determined by the director to be necessary to
facilitate the coordination and reduction in the frequency of excavations and
obstructions of rights-of-way.
(2) The plan shall include,but not be limited to, the following information:
a. The locations and the estimated beginning and ending dates of all projects
to be commenced during the next calendar year(in this section, a"next-year
project"); and
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b. To the extent known,the tentative locations and estimated beginning and
ending dates for all projects contemplated for the five years following the next
calendar year(in this section, a"five-year project").
The term "project" in this section shall include both next-year projects and five-
year projects. By January 1 of each year the director will have available for
inspection in the director's office a composite list of all projects of which the
director has been informed in the annual plans. All registrants are responsible for
keeping themselves informed of the current status of this list. Thereafter, by
February 1, each registrant may change any project in its list of next-year projects,
and must notify the director 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 director 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.
Sec. 704.10. Issuance of Permit; Conditions.
Subd. 1. Permit Issuance. If the applicant has satisfied the requirements of this chapter, the city shall
issue a permit.
Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the permit and
the performance of the applicant thereunder to protect the health, safety and welfare or when necessary
to protect the right-of-way and its current use.
Sec. 704.11. Permit Fees. [Note: Sample fee schedules included in the appendix; also note that
Minn. Rule 7819.1000 establishes requirements for establishing fees.]
Subd. 1. Excavation Permit Fee. The city shall establish an Excavation permit fee in an amount
sufficient to recover the following costs:
(a)the city management costs;
(b)degradation costs, if applicable.
(c) escrow fee to secure the payment of City"out of pocket" expenses.
Subd. 2. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be in an
amount sufficient to recover the city management costs.
Subd. 3. Pole Attachment Fee. The city shall establish the pole attachment fee and an annual rental fee
for wireless facilities that are attached to a wireless support structure.
12
Subd.4. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without
payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees within
thirty(30)days of billing.
Subd.5. Non Refundable. Permit fees that were paid for a permit that the city has revoked for a breach
as stated in Section 1.22 are not refundable.
Subd. 6. 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.
Sec. 704.12. Right-of-Way Patching and Restoration.
Subd. 1. Timing. The work to be done under the excavation permit, and the patching and restoration of
the right-of-way as required herein,must be completed within the dates specified in the permit, increased
by as many days as work could not be done because of circumstances beyond the control of the permittee
or when work was prohibited as unseasonal or unreasonable under Section 1.16.
Subd.2. Patch and Restoration. Permittee shall patch its own work. The city may choose either to
have the permittee restore the right-of-way or to restore the right-of-way itself.
(a) City Restoration. If the city elects to restores the right-of-way,permittee shall make the
restoration and pay the costs thereof within thirty(30)days of billing. If, following such
restoration,the pavement settles due to permittee's improper backfilling,the permittee shall pay to
the city, within thirty(30)days of billing, all costs associated with correcting the defective work.
(b)Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of
application for an excavation permit post a construction performance bond in accordance with the
provisions of Minnesota Rule 7819.3000.
(c)Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-of-way
user may elect to pay a degradation fee. However,the right-of-way user shall remain responsible
for patching and the degradation fee shall not include the cost to accomplish these responsibilities.
Subd. 3. Standard& The permittee shall perform excavation,backfilling, patching and restoration
according to the standards and with the materials specified by the city and shall comply with Minnesota
Rule 7819.1100.
Subd. 4. Duty to Correct Defects. The permittee shall correct defects in patching or restoration
performed by permittee or its agents. The permittee upon notification from the city, shall correct all
restoration work to the extent necessary,using the method required by the city. Said work shall be
completed within five(5) calendar days of the receipt of the notice from the city, not including days
during which work cannot be done because of circumstances constituting force majeure or days when
work is prohibited as unseasonable or unreasonable under Section 1.16.
Subd. 5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the
condition required by the city, or fails to satisfactorily and timely complete all restoration required by the
city, the city at its option may do such work. In that event the permittee shall pay to the city,within thirty
(30)days of billing,the cost of restoring the right-of-way. If permittee fails to pay as required,the city
13
may exercise its rights under the construction performance bond.
Subd. 6. Installation of Tracer Wire. Utilities installed in the right-of-way shall be completely marked
with a tracer wire placed directly above or in conjunction with the installed utility at the developer's
expense. Burial depth shall be within 6 to 18 inches of final grade. In addition, the termination points
where the utility crosses in, to and out of the right-of-way shall have buried pins or markers, both of
which shall be detectable with a magnetic locator. At least one of these markers shall be a tracer wire
access box with termination points for the tracer wire. A minimum of 12 inches of tracer wire shall be
accessible above the termination box upon removal of the tracer wire access box cap. Tie points to
permanent structures shall be submitted and GPS coordinates in the Washington County Coordinate
system shall be supplied. Acceptable tracer wire and termination boxes shall be the following or
equivalent as determined by the City.
• Direct Burial #12 AWG Solid (.0808" diameter), steel core soft drawn high strength tracer wire,
380# average tensile break load, 30 mil high molecular weight-high density color coded
polyethylene jacket complying with ASTM-D-1248, 30 volt rating.
• Valvco cast iron head Tracer Wire Access box
Access box shall be placed near final grade with no more than a layer of sod above the access cap. If
water and sewer are in a common trench, a single tracer wire access box may be used above the water line
with details on the tie card of the offset to the sewer pin and the sewer trace wire following the right of
way border to the location pin for the sewer line. A written plan and sketch shall be submitted prior to
installation identifying the location and mitigation measure that will be required. A deposit of$1000 shall
be held by the City of Oak Park Heights until compliance with location requirements are met. Additional
deposits will be required and held by the City of Oak Park Heights for any project which has the potential
to impact City owned infrastructure. This includes any cuts or borings in, to, or under city streets, trails or
storm drainage areas. This may, at the City's discretion, also be required when equipment will be
traversing city infrastructure.
A separate permit for utility tie-in and inspections is required for connections to existing City of Oak Park
Heights utilities. All utility access charges must be current before a permit for connection will be issued.
Complex connections involving items such as wet taps, looped lines, fire flow lines, new wyes, or shut off
of services will incur additional costs.
Sec. 704.13. Joint Applications.
Subd. 1. Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-
of-way at the same place and time.
Subd. 2. Shared fees. Registrants who apply for permits for the same obstruction or excavation, which
the city does not perform, may share in the payment of the obstruction or excavation permit fee. In order
to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and
indicate the same on their applications.
Subd. 3. With city projects. Registrants who join in a scheduled obstruction or excavation performed by
the city, whether or not it is a joint application by two or more registrants or a single application, are not
required to pay the excavation or obstruction and degradation portions of the permit fee, but a permit
would still be required.
14
Sec.704.14. Supplementary Applications.
Subd.1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way
specified in the permit. No permittee may do any work outside the area specified in the permit,except as
provided herein.Any permittee which determines that an area greater than that specified in the permit
must be obstructed or excavated must before working in that greater area(i)make application for a
permit extension and pay any additional fees required thereby,and(ii)be granted a new permit or permit
extension.
Subd.2. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit.
No permittee may begin its work before the permit start date or,except as provided herein,continue
working after the end date. If a permittee does not finish the work by the permit end date,it must apply
for a new permit for the additional time it needs,and receive the new permit or an extension of the old
permit before working after the end date of the previous permit. This supplementary application must be
submitted before the permit end date.
Sec.704.15. Other Obligations.
Subd.1. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve permittee of
its duty to obtain all other necessary permits,licenses,and authority and to pay all fees required by the
city or other applicable rule,law or regulation. A permittee shall comply with all requirements of local,
state and federal laws,including but not limited to Minnesota Statutes,Section 216D.01-.09(Gopher
One Call Excavation Notice System)and Minnesota Rules Chapter 7560.A permittee shall perform all
work in conformance with all applicable codes and established rules and regulations,and is responsible
for all work done in the right-of-way pursuant to its permit,regardless of who does the work.
Subd.2. Prohibited Work Except in an emergency,and with the approval of the city,no right-of-way
obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable
for such work.
Subd.3. Interference with Right-of-Way. A permittee shall not so obstruct a right-of-way that the
natural free and clear passage of water through the gutters or other waterways shall be interfered with.
Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit
area,unless parked in conformance with city parking regulations. The loading or unloading of trucks
must be done solely within the defined permit area unless specifically authorized by the permit.
Subd.4. Trenchless Excavation. As a condition of all applicable permits,permittees employing
trenchless excavation methods,including but not limited to Horizontal Directional Drilling,shall follow
all requirements set forth in Minnesota Statutes,Chapter 216D and Minnesota Rules Chapter 7560,and
shall require potholing or open cutting over existing underground utilities before excavating,as
determined by the director.
Sec.704.16. Denial of Permit.
The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the
city determines that the denial is necessary to protect the health,safety,and welfare or when necessary to
protect the right-of-way and its current use.
15
Sec. 704.17. Installation Requirements.
The excavation,backfilling,patching and restoration, and all other work performed in the right-of-way
shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local
requirements, in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and
237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter
7560 and these ordinances. Service lateral installation is further subject to those requirements and
conditions set forth by the city in the applicable permits and/or agreements referenced in Section 1.23
subd. 2 of this ordinance.
Sec. 704.18. Inspection.
Subd. 1. Notice of Completion. When the work under any permit hereunder is completed, the permittee
shall furnish a completion certificate in accordance Minnesota Rule 7819.1300. At the request of the
Director, the permittee shall at their own expense provide a video-tape(televise) of all newly installed
infrastructure.
Subd. 2. Site Inspection. Permittee shall make the work-site available to the city and to all others as
authorized by law for inspection at all reasonable times during the execution of and upon completion of
the work.
Subd 3. Authority of Director.
(a)At the time of inspection,the director may order the immediate cessation of any work which
poses a serious threat to the life, health, safety or well-being of the public.
(b) The director may issue an order to the permittee for any work that does not conform to the
terms of the permit or other applicable standards, conditions, or codes. The order shall state that
failure to correct the violation will be cause for revocation of the permit. Within ten(10)days
after issuance of the order,the permittee shall present proof to the director that the violation has
been corrected. If such proof has not been presented within the required time,the director may
revoke the permit pursuant to Sec. 1.22.
Sec. 704.19. Work Done Without a Permit.
Subd. 1. Emergency Situations. Each registrant shall immediately notify the director of any event
regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever
actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call
regarding an emergency situation does not fulfill this requirement. Within two (2)business days after
the occurrence of the emergency,the registrant shall apply for the necessary permits,pay the fees
associated
Therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this
chapter for the actions it took in response to the emergency.
If the city becomes aware of an emergency regarding a registrant's facilities, the city will attempt to
contact the local representative of each registrant affected, or potentially affected,by the emergency. In
any event, the city may take whatever action it deems necessary to respond to the emergency,the cost of
which shall be borne by the registrant whose facilities occasioned the emergency.
16
Subd.2. Non Emergency Situations. Except in an emergency, any person who, without first having
obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit
and, as a penalty, pay double the normal fee for said permit,pay double all the other fees required by the
city code, deposit with the city the fees necessary to correct any damage to the right-of-way, and comply
with all of the requirements of this chapter.
Sec. 701.20. Supplementary Notification.
If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the
permit,permittee shall notify the city of the accurate information as soon as this information is known.
Sec. 704.21. Revocation of Permits.
Subd. 1. Substantial Breach. The city reserves its right, as provided herein,to revoke any right-of-way
permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute,
ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee
shall include,but shall not be limited to,the following:
(a)The violation of any material provision of the right-of-way permit;
(b)An evasion or attempt to evade any material provision of the right-of-way permit, or the
perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(c) Any material misrepresentation of fact in the application for a right-of-way permit;
(d)The failure to complete the work in a timely manner, unless a permit extension is obtained or
unless the failure to complete work is due to reasons beyond the permittee's control; or
(e)The failure to correct, in a timely manner, work that does not conform to a condition indicated
on an order issued pursuant to Sec. 1.19.
Subd.2. Written Notice of Breach. If the city determines that the permittee has committed a substantial
breach of a term or condition of any statute, ordinance, rule,regulation or any condition of the permit,
the city shall make a written demand upon the permittee to remedy such violation. The demand shall
state that continued violations may be cause for revocation of the permit. A substantial breach, as stated
above,will allow the City, at its discretion, to place additional or revised conditions on the permit to
mitigate and remedy the breach.
Subd.3. Response to Notice of Breach. Within twenty-four(24)hours of receiving notification of the
breach,permittee shall provide the city with a plan, acceptable to the City, that will cure the breach. The
permittee's failure to so contact the city, or permittee's failure to timely submit an acceptable plan, or
permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation
of the permit. Further,permittee's failure to so contact the City,or permittee's failure to submit an
acceptable plan, or permittee's failure to reasonably implement the approved plan, shall automatically
place the permittee on probation for one(1) full year.
Subd.4. Cause for Probation. From time to time,the city may establish a list of conditions of the
permit, which if breached will automatically place the permittee on probation for one full year, such as,
but not limited to, working out of the allotted time period or working on right-of-way grossly outside of
the permit authorization.
17
Subd.5. Automatic Revocation. If a permittee, while on probation, commits a breach as outlined
above, permittee's permit will automatically be revoked and permittee will not be allowed further
permits for one full year, except for emergency repairs.
Subd. 6. Reimbursement of city costs. If a permit is revoked,the permittee shall also reimburse the city
for the city's reasonable costs, including restoration costs and the costs of collection and reasonable
attorneys'fees incurred in connection with such revocation.
Sec. 704.22. Mapping Data.
Subd. 1. Information Required Each registrant and permittee shall provide mapping information at
their expense as required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100.
Within ninety(90) days following completion of any work pursuant to a permit,the permittee shall
provide the director accurate maps and drawings certifying the"as-built"location of all equipment
installed,owed and maintained by the permittee. Such maps and drawings shall include the horizontal
and vertical location of all facilities and equipment and shall be provided consistent with the city's
electronic mapping system, when practical or as a condition imposed by the director. Failure to provide
maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder's
registration and the withholding of any escrow funds.
Subd.2. Service Laterals. All permits issued for the installation or repair of service laterals,other than
minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of
appropriate means of establishing the horizontal locations of installed service laterals, and the service
lateral vertical locations in those cases where the director reasonably requires it. Permittees or their
subcontractors shall submit to the director evidence satisfactory to the director of the installed service
lateral locations. Compliance with this subdivision 2 and with applicable Gopher State One Call law and
Minnesota Rules governing service laterals install after December 31, 2005, shall be a condition of any
city approval necessary for 1)payments to contractors working on a public improvement project
including those under Minnesota Statutes, Chapter 429, and 2) city approval of performance under
development agreements, or other subdivision or site plan approval under Minnesota Statutes, Chapter
462. The director shall reasonably determine the appropriate method of providing such information to
the city. Failure to provide prompt and accurate information on the service laterals installed may result
in the revocation of the permit issued for the work or for future permits to the offending permittee or its
subcontractors Also see Sec 1.13.
Sec. 704.23. Location and Relocation of Facilities.
Subd. 1. Placement, location, and relocation of facilities must comply with the Act, with other
applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100,to the extent the rules
do not limit authority otherwise available to cities. See 1008.040.
Subd. 2. Corridors. The city may assign a specific area within the right-of-way, or any particular
segment thereof as may be necessary, for each type of facilities that is or,pursuant to current technology,
the city expects will someday be located within the right-of-way. All excavation, obstruction, or other
permits issued by the city involving the installation or replacement of facilities shall designate the proper
corridor for the facilities at issue.
18
Any registrant who has facilities in the right-of-way in a position at variance with the corridors
established by the city shall, no later than at the time of the next reconstruction or excavation of the area
where the facilities are located,move the facilities to the assigned position within the right-of-way,
unless this requirement is waived by the city for good cause shown, upon consideration of such factors as
the remaining economic life of the facilities,public safety, customer service needs and hardship to the
registrant.
Subd.3. Nuisance. One year after the passage of this chapter, any facilities found in a right-of-way that
have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights
it has at law or in equity, including,but not limited to, abating the nuisance or taking possession of the
facilities and restoring the right-of-way to a useable condition.
Subd.4. Limitation of Space. To protect health, safety, and welfare, or when necessary to protect the
right-of-way and its current use, the city shall have the power to 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.
Sec. 704.24 Pre-excavation Facilities Location.
In addition to complying with the requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation
Notice System") before the start date of any right-of-way excavation, each registrant who has facilities or
equipment in the area to be excavated shall mark the horizontal and vertical placement of all said
facilities. Any registrant whose facilities are less than twenty(20) inches below a concrete or asphalt
surface shall notify and work closely with the excavation contractor to establish the exact location of its
facilities and the best procedure for excavation.
Sec. 704.25. Damage to Other Facilities.
When the city does work in the right-of-way and finds it necessary to maintain, support, or move a
registrant's facilities to protect it, the city shall notify the local representative as early as is reasonably
possible. The costs associated therewith will be billed to that registrant and must be paid within thirty
(30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any
facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible for the
cost of repairing any damage to the facilities of another registrant caused during the city's response to an
emergency occasioned by that registrant's facilities.
Sec. 704.26. 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.
19
Sec. 704.27. Indemnification and Liability
By registering with the city, or by accepting a permit under this chapter, a registrant or permittee agrees
to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250.
Sec. 704.28. Abandoned and Unusable Facilities.
Subd.1. Discontinued Operations. A registrant who has determined to discontinue all or a portion of
its operations in the city must provide information satisfactory to the city that the registrant's obligations
for its facilities in the right-of-way under this chapter have been lawfully assumed by another registrant.
Subd. 2. Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it
from that right-of-way if required in conjunction with other right-of-way repair, excavation, or
construction, unless this requirement is waived by the city.
Sec. 704.29. Appeal.
A right-of-way user that: (1)has been denied registration; (2)has been denied a permit; (3)has had a
permit revoked; (4)believes that the fees imposed are not in conformity with Minn. Stat. § 237.163,
Subd. 6; or(5)disputes a determination of the director regarding Section 1.23 subd. 2 of this ordinance
may have the denial, revocation, fee imposition, or decision reviewed,upon written request,by the city
council. The city council shall act on a timely written request at its next regularly scheduled meeting,
provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a
regular agenda item. A decision by the city council affirming the denial, revocation,or fee imposition
will be in writing and supported by written findings establishing the reasonableness of the decision.
Sec. 704.30. Severability.
If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect
the validity of the remaining portions thereof. Nothing in this chapter precludes the city from requiring a
franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein.
Revised: November 2017
20
1111 City of Oak Park Heights
Pole Attachment Application/Permit
APPLICANT APPLICANT PHONE(DIRECT) APPLICANT FAX
APPLICANT EMAIL
COMPANY NAME COMPANY PHONE COMPANY FAX
BILLING ADDRESS CITY STATE ZIP
GOPHER STATE ONE-CALL REGISTRATION NUMBER EMERGENCY CONTACT NUMBER
LOCATION LIMITS(describe specific sites on page two,up to 15 sites/permit)
DESCRIPTION OF WORK
CONSTRUCTION START DAYS OF CONSTRUCTION COMPLETION DATE
ACKNOWLEDGMENT
By signing this application, I(the applicant/company)hereby acknowledge that I must adhere to all provisions of City of Oak Park Heights
Chapter 704 of the Code of Ordinances and any other applicable ordinances, including statute 237.162 and 237.163. in addition to the
terms and conditions which are attached to this document. The applicant shall also comply with the regulations of all other governmental
agencies for the protection of the public.
SIGNATURE: DATE:
TITLE:
REQUIRED DOCUMENTS TO APPLY:
E Permit Fee o Structural study
(1)set of construction plans signed ❑ Radio frequency study
by a P.E. and(1)electronic copy
❑ Copy of permit from pole owner if owned by an agency other than
Performance bond on file and proof the City of Oak Park Heights(if applicable)
of insurance
Design planlroute for backhaul.
FOR OFFICE USE ONLY
PERMIT FEE REC'D: I / CHECKS ONLY
APP REC'D: PERMIT NUMBER:
AMOUNT:
SIGNATURE: PERMIT ISSUE DATE:
TITLE: APPROVED I DENIED
POLE ATTACHMENT PERMIT NOT VALID UNLESS SIGNED BY CITY OF OAK PARK HEIGHTS PUBLIC WORKS STAFF
SITE SUMMARY
By statute, applicant may collocate up to 15 small wireless facilities if they are within a two mile radius,
consist of substantially similar equipment, and are to be placed on similar types of wireless support structures.
SITE DESCRIPTION PERMIT FEE
01
02
03
04
05
06
07
08
09
10
11
12
13
14
15
TOTAL PERMIT FEE DUE FOR LOCATION $
POLE PERMIT TERMS AND CONDITIONS
I. INSTALLATION OF EQUIPMENT
A. Pole Permits
Prior to the approval of installation of equipment,APPLICANT shall submit to the City Engineer or designee,a sketch
of the proposed location for the new equipment("Equipment Plan").If upon preliminary review,the proposed location
and Equipment Plan is deemed acceptable by the City Engineer or designee,the APPLICANT may make a Pole
Permit Application.
1. The Pole Permit Application shall include the following:
1. Completed permit application and fee.
2. Performance bond on file and proof of insurance
3. Construction plans as described in paragraph B below
4. Structural study described in paragraph B below
5. Design plan and/or route for backhaul facilities,signed by aP.E.
6. Copy of permit from pole owner if owned by an agency other than the Cityof Oak Park Heights(if
applicable)
2. APPLICANT must obtain a radio frequency interference study carried out by an independent professional radio
frequency engineer("RF Engineer')showing that APPLICANT's intended use will not interfere with any existing,
licensed communications facilities,as well as CITY's licensed and unlicensed communications facilities,which are
located on or near the structure.The RF Engineer shall provide said evaluation no later than forty-five(45)days
after frequencies are provided by CITY.APPLICANT shall not transit or receive radio waves at the Premises until
such evaluation has been satisfactorily completed.
Upon Request of CITY,APPLICANT shall hire an RF Engineer to conduct a radiation survey of the Premises
following APPLICANT's initial RF transmissions.APPLICANT shall be responsible for all costs of such survey.
APPLICANT shall implement all measures at the transmission site required by FCC regulations,including but not
limited to posting signs and markings.CITY shall cooperate with APPLICANT to fulfill its Radio Frequency
exposure obligations.CITY agrees that in the event any future party causes the entire site to exceed FCC Radio
Frequency radiation limits,as measured on the Premises,CITY shall hold such future party liable for all such later-
arising non-compliance.
3. Other City Permits:In addition to the Pole permit,which is only approved to attach equipment to a Pole,the
APPLICANT must apply for any additional permits for all appurtenant equipment or facilities required for the
Pole Application.Said permits may include,but not necessarily by limited to:Right-of-Way
obstruction/excavation;Electrical,Stormwater,etc.
4. Other Applicable Permits:It is the APPLICANT's responsibility to determine if permits are required by
govemmental agencies and apply for those permits.
5. Applicable fees for all permits shall be borne by the APPLICANT and the APPLICANT shall be bound by
the requirements of said permits.
B. Construction Plans
For Small Wireless Facilities Pole Permit application,or additions thereto,APPLICANT shall provide CITY's City
Engineer or designee as set forth in Section I.a.,each with two(2)sets of construction plans("Construction Plans")
consisting of the following:
1. CAD drawings consisting of the following and showing the location and materials of all planned
installations,including field verified existing utilities;
2. Structural Study as described in Section A.2 above;
3. Construction Specifications and Product Specifications for all planned installations;
4. Diagrams and Shop Drawings of proposed Antenna Facilities;
5. A complete and detailed inventory of all equipment and person property of APPLICANT actually
placed on the Premises. CITY retains the right to survey the installed equipment.
Construction Plans shall be easily readable and subject to prior written approval by the Construction Engineer,
which shall not be withheld,conditioned or delayed without cause. No construction shall commence until permit is
granted by the City Engineer or designee. Final Plans shall have affixed to them the signature of the APPLICANT's
Engineer who shall be licensed in Minnesota pursuant Minnesota Rule 1800.4200 and Minnesota Statutes Chapter
326.
C. Construction Inspection
All construction activity shall be subject to inspection and approval by the CITY's representative(s). Inspection will
be performed at project completion APPLICANT shall be solely responsible for all costs, in excess of those
included in the permit fee,associated with said inspection and approval of construction work by CITY.
D. Exposed Antenna Facilities
All Antenna Facilities affixed to the Pole in the Right of Way which have exterior exposure,APPLICANT shall
match the color of the pole. For exposed cables,wires,or appurtenances,the CITY shall require that cables,
wires or appurtenances be placed in conduit which shall match the color of the pole.
E. Damage by APPLICANT
Any damage to the right of way,or CITY's equipment thereon caused by APPLICANT's permitted
installation or operations shall be repaired or replaced at APPLICANT's expense and to CITY's reasonable
satisfaction.
F. As-Built Drawings("As-Built"or"As-Builts")
Within thirty(30)days after APPLICANT activates the Antenna Facilities,APPLICANT shall provide CITY with an
As-Built drawing in CAD format consisting of As-Built drawings of the Antenna Facilities installed on each
permitted location and any improvements installed on the Premises,which shall show the actual location of all
equipment and improvements.Said drawings shall be accompanied by a complete inventory of all equipment and
Antenna Facilities.
II. MAINTENANCE AND REPAIR OF EQUIPMENT
A. City owned Wireless Support Structure and ROW Maintenance
CITY reserves the right to take any action it deems necessary, in its sole and reasonable discretion,to repair,
maintain, alter,or improve the right of way in connection with CITY's Operations.The CITY retains the right to shut
off power for the Antenna Facilities at the source in any and all cases of emergency.
B. Wireless Support Structure Reconditioning and Repair
1. From time to time,CITY paints, reconditions,or otherwise improves or repairs the wireless support structure in
a substantial way("Reconditioning Work").APPLICANT shall cooperate with CITY to carry out Reconditioning
Work activities in a manner that minimizes interference with APPLICANT's Approved Use.
2. Except in cases of emergency, prior to commencing Reconditioning Work,CITY shall provide APPLICANT with
not less than thirty(30)days prior written notice thereof. Upon receiving such notice,it shall be the sole
responsibility of APPLICANT to provide adequate measures to cover or otherwise protect APPLICANT's
Antenna Facilities from the consequences of such activities,including but not limited to paint and debris fallout.
CITY reserves the right to require APPLICANT to remove all Antenna Facilities from the Structure and right of
way during Reconditioning work.
3. During CITY's Reconditioning Work,APPLICANT may request a mobile site on the right of way. If site will
not accommodate mobile equipment,it shall be APPLICANT's responsibility to locate auxiliary sites.
C. Relocation of Utility Pole or Wireless Support Structure
When directed by the City a right-of-way user shall relocate all of its facilities within the rights-of-way per city
code section Sec.704.23 Location and Relocation of Facilities.
Subd. 1. Placement, location, and relocation of facilities must comply with the Act, with other applicable law,
and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority
otherwise available to cities. See 1008.040.
Subd. 2. Corridors. The city may assign a specific area within the right-of-way, or any particular segment thereof
as may be necessary,for each type of facilities that is or,pursuant to current technology,the city expects will
someday be located within the right-of-way.All excavation,obstruction,or other permits issued by the city involving
the installation or replacement of facilities shall designate the proper corridor for the facilities at issue.
Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the
city shall,no later than at the time of the next reconstruction or excavation of the area where the facilities are
located,move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the
city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities,public
safety,customer service needs and hardship to the registrant.
Subd. 3.Nuisance. One year after the passage of this chapter, any facilities found in a right-of-way that have
not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law
or in equity,including,but not limited to, abating the nuisance or taking possession of the facilities and restoring
the right-of-way to a useable condition.
Subd. 4. Limitation of Space. To protect health, safety, and welfare,or when necessary to protect the right-of-way
and its current use,the city shall have the power to 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.
III. CONDITION OF WIRELESS SUPPORT STRUCTURE
The CITY will keep and maintain the the wireless support structures in good repair as required for their Primary
Use and in the ordinary course of business as its budget permits. CITY makes no guarantee as to the condition
of any wireless support structures with regard to APPLICANT's intended use.
APPLICANT shall, at its own cost and expense,maintain the Antenna Facilities in good and safe condition,and in
compliance with applicable fire,health, building,and other life safety codes.The APPLICANT shall obtain from
the CITY any and all permits required for the purposes of maintaining the installation.Applicable fees for any
permits shall be borne by the APPLICANT and the APPLICANT shall be bound by the requirements of said
permits.
IV. INDEMNIFICATION
APPLICANT shall, to the extent permitted by law, indemnify and hold CITY harmless against any claim of liability
or loss from personal injury or property damage resulting from or arising out of the negligence or willful
misconduct of the APPLICANT, its employees, contractors or agents, except to the extent such claims or
damages may be due to or caused by the negligence or willful misconduct of the CITY, or its employees,
contractors or agents.
V. INSURANCE
A. Worker's Compensation
The APPLICANT must maintain Workers'Compensation insurance in compliance with all applicable statutes. The
policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury by
disease,each employee.
B. General Liability
The APPLICANT must maintain occurrence form commercial general liability coverage.
1. Such coverage shall include,but not be limited to, bodily injury,property damage—broad form,and personal
injury,for the hazards of Premises/Operation,broad form contractual liability, property damage liability,and
independent contractors.
2.The APPLICANT must maintain aforementioned commercial general liability coverage with limits of liability not
less than$1,500,000 for each occurrence;$3,000,000 minimum general aggregate and$2,000,000 products
and completed operations aggregate.These limits may be satisfied by the commercial general liability
coverages.
3.APPLICANT will maintain Completed Operations coverage for a minimum of two(2)years after the
construction is completed.
C. Automobile Liability
The APPLICANT must carry Automobile Liability coverage.Coverage shall afford total liability limits for Bodily
Injury Liability and Property Damage Liability in the amount of$1,500,000 per accident.The liability limits may be
afforded under the Commercial Policy,or in combination with an Umbrella or Excess Liability Policy provided
coverage of rides afforded by the Umbrella Excess Policy are not less than the underlying Commercial Auto
Liability coverage.
1. Coverage shall be provided by Bodily Injury and Property Damage for the ownership,use, maintenance or
operation of all owned,non-owned and hired automobiles.
2. The Commercial Automobile Policy shall include at least statutory personal injury protection,uninsured
motorists and underinsured motorist's coverages.
D. APPLICANT Property Insurance
The APPLICANT must keep in force for the duration of the Permit a policy covering damages to its property
in the right of way.The amount of coverage shall be sufficient to replace the damaged property,loss of use
and comply with any ordinance or law requirements.
E. Adjustment to Insurance Coverage Limits
The APPLICANT's coverage limits set forth herein shall be increased at the time of any Renewal Term by twenty-
five percent(25%)over the preceding term or Renewal Term.Alternatively, instead of such periodic coverage limit
increases,during the entire term of this Agreement,APPLICANT may maintain an umbrella or excess liability
insurance policy with a combined single limit of$5,000,000.00 per occurrence,and CITY will be named as an
additional insured under such policy.
F. Additional Insured—Certificate of Insurance
The APPLICANT shall provide, prior to tenancy,evidence of the required insurance in the form of a Certificate of
Insurance issued by a company(rated B+(VIII)or better),licensed to do business in the State of Minnesota,
which includes all coverage required in this Section 13.APPLICANT will list the CITY as an Additional Insured
on the General Liability and Commercial Automobile Liability Policies.The Certificate(s)shall also provide
the coverage may not be cancelled,non-renewed,or materially changed without thirty(30)days prior written
notice to the CITY.
G. Defense and Indemnification:
APPLICANT agree to defend,indemnify,and hold harmless CITY and its elected officials,directors,officers,
employees,agents,and representatives,from and against any and all claims,costs,losses,expenses,
demands,actions,or causes of action, including reasonable attorneys'fees and other costs and expenses of
litigation,which may be asserted against or incurred by CITY or for which CITY may be liable in the
performance of this Agreement,except those which arise solely from negligence or willful misconduct of CITY,
its elected officials,directors,officers,employees,agents,representatives or contractors.
APPLICANT shall defend, indemnify,and hold CITY,its agents,employees and officials harmless against all
claims arising out of APPLICANT's use of the right of way,including its installation,operation,use, maintenance,
repair,removal,or presence of APPLICANT's facilities,structures, equipment or other types of improvements,
including Antenna Facilities, in the right of way except to the extent arising from or related to the sole negligence
or willful misconduct of CITY, its elected officials,officers,employees,agents,and representatives.
VI. LIMITATION OF LIABILITY
CITY shall not be liable to the APPLICANT,or any of its respective agents, representatives,employees for any
lost revenue,lost profits, loss of technology,rights or services,incidental, punitive,indirect,special or
consequential damages, loss of data,or interruption or loss of use of service,even if advised of the possibility of
such damages,whether under theory of contract, tort(including negligence),strict liability or otherwise.
VII. INTERFERENCE
APPLICANT agrees to install equipment of the type and frequency which will not cause harmful interference which
is measurable in accordance with then existing industry standards to any equipment of CITY or other APPLICANTs
of the Premises which existed on the Premises prior to the data this Agreement is executed by the Parties. In the
event any after-installed APPLICANT's equipment causes such interference,and after CITY has notified
APPLICANT in writing of such interference,APPLICANT will take all steps necessary to correct and eliminate the
interference,including but not limited to,at CITY's option,having the APPLICANT power down its equipment and
later power up its equipment for intermittent testing.
VIII. REMOVAL AT END OF TERM OR UPON PERMIT REVOCATION
APPLICANT shall,within ninety(90)days after any termination of this Permit,remove its equipment,conduits,
fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear
expected.CITY agrees and acknowledges that all of the equipment,conduits,fixtures and personal property of
APPLICANT shall remain the personal property of APPLICANT and APPLICANT shall have the right to remove the
same at any time during the Term.All poles,conduit and pole boxes are and shall remain property of the CITY. If
such time for removal causes APPLICANT to remain on the Premises after termination,APPLICANT shall pay rent
at the then existing monthly rate or on the existing monthly pro-rata basis until such time as the removal of the
antenna structure,fixtures and all personal property are completed.All rentals paid prior to said termination date
shall be retained by CITY.
IX. CASUALTY
In the event of damage or casualty to the wireless support structure that cannot reasonably be expected to be
repaired or replaced due to winter frost conditions,or if the Pole is damaged so that such damage may reasonably
be expected to disrupt APPLICANT's operations for more than 120 days,then APPLICANT may,provided CITY has
not completed the restoration or replacement of the pole terminate the Permit upon fifteen(15)days prior written
notice to CITY.