Ordinance No. 0945 03-26-1990ORDII�NCE I�. 945
ORDII�E ADOPFING NEN7 f��,PTER 407 � ENi'ITL•ID,
"EXQsasaVATI0R38 IN PUBLIC STREEPS, RIC�iTB-O�S@►Y ABID
' ES�gII+�Nl'gn
�e City Council of the City of Fridley does hereby orclain as follaas:
407.01 PURPOSE
The pw.�po�.�e of this ordinance is to govern excavations and construction within
public streets, ric�ts-of way arid easements by utility companies, developers,
contractors, ar�d other ��n� within the City of Fridley.
407.02 �na'�'TON
In orrler to protect public health, safety, and welfare, and to preserve the
public boulevazd, streets, utilities and other property of the City, the
Director of Public Works is authorized and directed to establish regulations
pertaining to excavations within public right-of�aays and Pa��++Ants within the
City.
407.03 DEFIIiPPI@IS
Applicant shall mPan utility ca�anies including, but not limited to,
Minnegasco, Inc.; Northern Statas Power Co�viy; all developers, contractors,
builders, property ownexs, or other persons requesting an eaccavation permit to
do work on public right-of ways and easements within the City.
, Director shall mean the person holdir�g the office of Director of Public Works,
or any person assigned by him to enforce the terms of this ozclinancs.
407.04 IIi�Q�VATI@I PEFi�ffT
No applicant shall dig up, break, excavate, tunnel under, urxlP*-��ne, or in any
other manner do ar�y excavation upon any street, alley, sidewalk, bilceway, curb
or gutter, driveway, boulevard, or other public place, or make, or cause to be
made, any axcavation in or under the surface of said public street, right-of-
way or easement, or leave upon the surface any soil or other excavated material
obstructirig, or }crrlim to interfere with, the free use by the pul�lic of the
public ric�t-of�aay or Pa�*�rt, without obtainuxJ an excavation permit.
407.05 APPLIC�,TIOTi
An application for the issuance of an excavation pezmit shall be submitted to
the Director. The written application shall be on such forms as supplied by
the Director. A separate application will be require for each abutting lot or
paroel.
407.06 IS80�1NCE OF PERDffT
If the Director finds that the applicant has Satisfied the Z'equ�rai++an� of this
orciinance, arri if it appears tl�at the applicant can �ly with current
�,lations established by the Director, then the Director shall issue a written
� permit.
paye 2_ p.�ei;nsnrn No. 945
' 407.07 �VATI�i PERMIT FEES
For each excavation in a public right�f-way or easement, a��-�n;t fee shall be
required. This £ee shall be in adchtion to any other ��;ts or chan77es
relating to the pmposed construction work. In addition, the applicant shall
pay to the City for each reinspec.-tion required after the com�letion of the
construction as provided in (riapter 11 of this cocie.
407.08 SDCORITSC EC)R �O�LE'�T@I OF EXC�VA7ZON
Upon approval of an application, the applicant shall deposit with the City, cash
in the foxm of a certified check, Letter of Credit, or a construction bond, in
the amount of $1,000.00 as sec.�urity for the proper completion of the excavation,
and the restoration of the site to its previous condition. If more than ten
excavations are to be made during the caler�r year, the applicant may, in lieu
of individual securities, deposit with the City, $10,000.D0 in cash, in the form
of a certified check, Ietter of Credit or a$10,000.00 construction bond.
Securities shall be held until the construc�ion is completed and for a period
of 12 months thereafter to guarantee that the restoration work has been
satisfactorily completed.
After the deposit of the security, the applicant may then proceed with the
excavation which shall be ccmg�leted pursuant to the terms of the application and
�rm;t. When the excavation is co�leted, the applicant shall request an
inspec.-tion by the Direc.-tor. If the e�ccavation work is started but not ca�leted
' within the time specified in the ��+;t, the City may prooeed to oom�lete the
excavation and restoration work, and the cost of said work plus achninistrative
cast shall be deduc�ted fran the security.
�
If the restoration work done by the applicant neecls repair, as determined by the
Director, during the 12 month guarantee period, the applicant shall do all
necessaxy repair work. In the event the applicant fails or refuses to do the
necessary repair work, the City may do said work and the cost of the repair work
plus administrative expeivse shall be deducted from the security. Upon
completion of the restoration of the site, and after the 12 month guarantee
period, the security or the balance thereof remaininc� shall be refunded to the
applicant. In the event that any restoration cost shall exczed the amount of
the seaurity, the applicant shall be liable for any acklitional costs.
C�[�Y�f�l•Z�i�.�U1�HYtii�i�.0 :::.i�ii�i�iru • ..�:;
Work shall progress in an expeditious m�nner and shall be co�leted acconiing
to the terms of the application and permit. In the event the work is not being
performed in accon3ance with applicable rr�n,iations, or shall cease, or be
abandor�ed without due cause, the City may, after eic�t (8) hours rrotice in
writing to the pexmit holder, co�lete the e�ccavation or fill the excavation
and repair the surfa�. In such event the entire cost plus achninistrative
P�h�G for such work shall be the liability of, and shall be paid by, the
applicant to whom the �mm;t was issued.
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Page 3- Ordinance No. 945
4D7.10 �F'F`�' IMPi�JVEN�ITB� PAVIIQG OR
The City of FYidley shall give the utility con�nies reasonable written notice
of plans for street it�rovement where pavux� or resurfacing of a pexmanent
nature is involved. 'Ihe notice shall contain the nature and character of the
i�rovements, the streets to be i�roved, and the schedule for said
construction. The notice shall be given to utility campanies a minim�un of one
hundred twenty (120) days in advance of construction to allow the companies to
make any necessaxy additions, alterations, or repairs to its facilities prior
to the scheduled street ittg»roven�ent. Any e�ccavations by a utility �1y ut
a street which has been paved or resurfaced, and for which the utility company
received the above notice, within three (3) months after completion of the
impmvement shall ram,; *p an excavation �mm; t and shall be subj ect to an
additional �nn;t charge of $l,000.00.
407.11 II�IL'Y 2lLTI0�'I
A utility ccanpany may, hdwever, open and excavate without a�*+++;t where an
emergency exists requiring the iimnediate repair of the facilities. The utility
conq�any in such event shall request a permit not later tY�n the second working
day after the emexgency. All other provisions of this orciir�lce shall apply to
the emexgency excavation after the permit has been issued.
Y I• ' ]1' H51 I]I' '•.� � �! L I� ]1
11.10 Fees
407. F7ccavation in Public
Ric�ts-of way and Easements
F�cavation Security Bond (Cash,
certified check Letter of
Credit or construction
bond)
P�rntit Fee. . . . . . $ 110. 00
Reinspection Fee. . .$ 25.00+
Pelmit Fee. . . . . .$ 1,OD0.00
10 or more. . . . . .$10,000.00
PASSID AND ADOPTID BY THE CITY OOiINQL OF Tf� CITY OF FRIDLEY THIS 26TH DAY OF
MARCH, 1990.
w�
WILLTAM J. - MP.YOR
ATTFST:
,��1/v1/6LGu1 �(- iW CtC�1'�r�a.�
SrirRT � v A. iIAAPALA CITY CLERK
' First Reading: Mam�Yl 12, 1990
Second Reading: Mamlx 26, 1990
Publish: April 4, 1990