HomeMy WebLinkAboutCity Council Ordinance 2006-02CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2006-02
AN ORDINANCE AMENDING CHAPTER VIII
OF THE PLYMOUTH CITY CODE
CONCERNING RIGHT-OF-WAY MANAGEMENT
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
SECTION I. Section 800.02, subd. 2 of the Plymouth City Code is amended by
adding the following definition:
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. A service lateral is also an underground facility that is used in the
removal of wastewater from a customer's premises.
SECTION 2. Section 800.02, Subd. 4(C) of the Plymouth City Code is amended to
provide:
C. Exeeptions.
Nothing herein shall be eenstr-ued to r-epeal or- amend the
Persons engaged in the
following activities shall not be deemed to use or occup the right-of-way, and shall
not be required to register or obtain anypermits or satisfy any other requirements
under this chapter. However, nothing herein relieves a person from complying with
the provisions of the Minn. Stat. Chap. 216D, Gopher One Call Law:
1 Per -sons to plavA ^r maintain Planting or maintaining boulevard
plantings, gardens or rainarg dens in the area of the right-of-way between their
property and the street curb.
2. Persons installing private driveways, sidewalks, curb and
gutter, or parking lots.
3. Persons engaged in snow removal efforts.
4. Federal, State, County, and City agencies.
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5. Persons installing pet containment or sprinkler systems.
6. Contractors involved in City public improvement projects that
are secured by performance bonds and/or liability insurance and where on-site
inspection is performed by the City. A public improvement is defined by Minn. Stat.
§ 429.021. subd. 1 and subd. 3.
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SECTION 3. Section 800.02, subd. 8(H) of the Plymouth City Code is amended to
provide:
H. Restoration of areas disturbed by facilities will include returning the
right-of-way to the same condition that existed before excavation as per MN Rules
7819.1100. Subject to this standard, plates 1 to 13, shown in parts 7819.9900 to
7819.9950, indicate maximum limits of restoration methods and area requirements
the local government unit can impose when a right-of-way user excavates in the
public right-of-way. The local government unit and right-of-way user may agree to a
lesser requirement. The right-of-way user is responsible for all of its work done in
the public right-of-way, whether by employees, agents, or independent contractors.
All levels of restoration include compaction of the materials placed in the excavation
of the sub -grade and aggregate base, plus pavement replacement, in kind. All work
must be performed according to the City of Plymouth's specification s and drawings.
Installation of service laterals shall be performed in accordance with Minnesota
Rules Chapter 7560 and this chapter.
SECTION 4. Section 800.02, subd. 8 of the Plymouth City Code is amended by
adding paragraph N to provide:
N. Trenchless Excavation. As a condition of all annlicable 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 in order to determine the precise location of marked
underground utilities before excavating. In addition, permittees employing
trenchless excavation methods, shall not install facilities at a depth greater than four
feet below grade, unless specifically approved by the Director.
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read:
SECTION 5. Section 800.02, subd. 14A of the Plymouth City Code is amended to
A. Emergency Exception. All persons with facilities in the public right-
of-way shall include the City in its list of those to be notified immediately of any
event regarding its facilities that may be considered as an emergency. Notification to
Gopher State One Call regarding an emergency situation does not fulfill this
requirement. The owner of the facilities may proceed to take whatever actions are
necessary to respond to the emergency, but shall apply for the necessary permits, pay
the fees associated therewith and fulfill all requirements as set forth in this Section
within ten business days after the occurrence of the emergency. These permitting
requirements shall not apply if the repair is made within the hole of the permitted
excavator.
SECTION 6. Section 800.02, subd. 15 of the Plymouth City Code is amended by
adding paragraph C to provide:
C. 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 Pennittee'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 paragraph and with
applicable Gopher State One Call law and Minnesota Rulesovg erning Service
Laterals installed after December 31, 2005, shall be a condition of any City pproval
necessary for 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.
SECTION 7. Section 800.02, subd. 20 of the Plymouth City Code is amended to
provide as follows:
A public right-of-way user that: (1) has been denied registration; (2) has been denied
a permit; (3) has had permit revoked; (4) believes relocation cost or City required
relocation is unreasonable; or (5) that the fees imposed, (6) disputes a detennination
of the Director, are invalid; may have the denial, revocation, relocation,—er fee
imposition, or decision reviewed by the City Council upon written request. The City
Council shall act on a written request at its next available meeting. The decision of
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the City Council shall be in writing and supported by written findings establishing
the reasonableness of the decision.
SECTION 8. This ordinance shall be effective immediately upon enactment.
ADOPTED by the City Council of the City of Plymouth, Minnesota this 10'h day of
January 2006.
ATTEST:
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Sandra R. Paulson, City Clerk
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