Chapter 4, Public property and infrastructure
Nowthen City Code · 32 sections · Official Chapter 4 PDF ↗
Official data. Sections are copied by script from the city's chapter PDF and not yet checked line by line by a person, unless marked Source checked. The official PDF controls. About these labels
A. To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the City strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. B. Accordingly, the City hereby enacts this Section relating to right-of-way permits and administration. This Section imposes reasonable…
A. Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of-way or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the City. Registration will consist of providing application information and paying a registration fee. B. Registration…
A. Information Required. The information provided to the City at the time of registration shall include, but not be limited to: 1\. Each registrant's name, Gopher One-Call registration certification number, address and email 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 representa…
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 City 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 p…
A. Permit Issuance. If the applicant has satisfied the requirements of this Section, the City shall issue a permit. B. Conditions. The City may impose reasonable conditions upon the issuance of the permit and the performance of the applicant there under to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. (Ordinance #31, adopted December 9, 2…
A. Excavation Permit Fee. The City shall establish an Excavation permit fee in an amount sufficient to recover the following costs: 1\. The City management costs; 2\. Degradation costs, if applicable. B. Obstruction Permit Fee. The City shall establish the obstruction permit fee on a case by case basis and shall be in an amount sufficient to recover the City management costs. C. Payment of Permit …
A. Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 4-1-16. B. Patch and R…
A. Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. B. Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the City does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves…
A. Limitation on Area. A right-of-way permit is valid only for the area of the right-of- way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for …
A. 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 -. …
A. Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minnesota Rule 7819.1300. B. Site Inspection. Permittee shall make the work-site available to the City and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. C. Authority of…
A. Emergency Situations. 1\. Each registrant shall immediately notify the City 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 aft…
A. 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: 1\. The violation of any mater…
A. Information Required. Each registrant and permittee shall provide mapping information required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days following completion of any work pursuant to a permit, the permittee shall provide the City accurate maps and drawings certifying the "as-built" location of all equipment installed, owned and maintained by …
A. 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. B. Corridors: 1\. The City may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of faci…
A. Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Section is passed and approved by the City, the right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the lim…
A. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds in a location selected by the City. The location and relocation of Gas Facilities shall be su…
A. Relocation in Public Ways and Public Grounds. The Company and City shall comply with the provisions of Minnesota Rules 7819.3100, with respect to requests for the Company to relocate Gas Facilities located in either Public Ways or Public Grounds. B. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or …
A. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat per meter basis, or …
A. Severability. Every section, provision, or part of this Section is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Section, the provisions of this Ordinance shall prevail. B. L…
A. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. B. The commencement, conduct or continuance of any illegal discharge to the storm drain system is…
A. Suspension due to Illicit Discharges in Emergency Situations: 1\. The City of Nowthen may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. …
A. Applicability. This Section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. B. Access to Facilities: 1\. The City of Nowthen shall be permitted to enter and inspect facilities subject to regulation under this Section as often as may be necessary to determine compliance with this Section. If a discharger has securit…
A. The City of Nowthen shall adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States. B. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accident…
A. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S., said person shal…
A. Park Hours. 1\. Parks shall be open to the public daily from 6:00 a.m. to 10:00 p.m. 2\. It shall be unlawful for any person to enter or remain in a park after the closing hour. 3\. The closing hour for activities may be modified by the City. 4\. The City Council may by resolution further limit the hours for the conduct of specific activities within the parks. B. Permits: 1\. Park facilities ar…
A. Alcoholic, Intoxicating Beverages and Drugs. It shall be unlawful for any person to: 1\. Serve, possess or consume any alcoholic beverage, except beer and wine. 2\. Use, manufacture, possess, constructively possess, sell, give away, barter, exchange, distribute or otherwise transfer any controlled substance within a City Park. 3\. Sell, barter, furnish or give alcoholic beverages to a person un…
A. Camping. It shall be unlawful for any person to camp or set up tents, shacks, trailers or any other temporary shelter for the purposes of camping in any town park or open space without special permission for the City Council. B. Picnicking: It shall be unlawful for any person to assume use of a picnic shelter if the area is reserved by a permitted group C. Horseback Riding: It shall be unlawful…
A. Motorized vehicles: It shall be unlawful to: 1\. Operate any motorized vehicles within a park except upon roadways, parking areas or other designated locations; or, 2\. Operate a vehicle at a speed in excess of twenty (20) miles per hour or posted speed limits. B. Parking: It shall be unlawful to: 1\. Park or leave a vehicle standing except in a designated area and then only in a manner so as n…
A. Banishment. The City shall have the authority to remove, eject or banish from the park any person acting in violation of this Section. B. Seizure of Property. The City shall have the authority to seize and impound any property, thing or device in the park, used in violation of this Section. C. Fines and Penalties. Any person guilty of violating any provision of this Section shall be guilty of a…