AN ORDINANCE REGULATING THE USE OF PUBLIC ROADS AND ROAD RIGHT OF WAYS AND PROVIDING FOR PERMITTED USES THEREOF.

The Board of Supervisors of the Township of Pelican Ordains:

1. PERMIT REQUIRED.

No person, contractor or utility company shall install, modify or repair any utility service under or within the road right-of-way surface nor shall any person, contractor or utility company open, disturb, change or modify the surface or underlying area of any road, street, highway, road right-of-way or other public roadway for any purpose without first having applied for and obtained a permit authorizing such work from the Township Road Authority. This Ordinance shall include but is not limited to the placement or removal of organic or other materials and establishment or improvements to driveway egress/ingress installations The permit application shall be submitted in a form acceptable to the Township Board which retains the right to modify and change said form and shall include the Company or individuals name, phone number and address, if any, the name, address and phone number of the contact person making the permit application, the type of facilities to be installed, repaired or modified, the location of the proposed work, the depth and width of the work within the road right-of-way, the method of returning the road surface to it’s original condition and the projected starting date and date of completion of the work and road restoration. The facilities are to be installed pursuant to such permit specifications and shall be located as directed by the Township. The permit may be issued by the Township Clerk or a designated Township Board member or an appointed representative of the Township after consultation with the Township Engineer or other person designated by the Township Board for the purpose of issuing Road Use Permits. A permit fee may be imposed by the Township for the issuance of the work permit, such permit fee shall be that fee currently in effect as set by the Township Board of Supervisors at any regular meeting. Emergency repairs of an urgent nature may be performed to existing underground utilities or egress/ingress driveways without first obtaining a permit providing that a good-faith effort to locate and notify one of at least one Township Official has been made prior to the repair effort. As soon as possible thereafter, an “after-the-fact” permit application shall then be filed with the Township pursuant to the terms and conditions contained within this ordinance. All After-The-Fact permit applications will be assessed a fee and penalties shall apply.

2. STANDARDS.

Installation of new or relocation, modification or repair of existing utilities shall be permitted in Township road right-of-ways only after the following have been satisfactorily completed:

Subd. 1

Submit for review to the Township Board one copy of a work site drawing showing the proposed work location, the size, type and quantity of the utility or other matter to be installed, the extent to which the proposed work will impact the existing road surface and the planned restoration method intended to return the road to it’s original condition after the proposed work is completed.

Subd. 2

No person or utility shall begin any construction regulated under sections 1 or 2 until approval is granted by the Township Board or it’s agent except as allowed herein. The Township Board shall provide written approval or denial to the submitter within 10 days after action has been taken on the permit request by the Township Board at it’s next regular meeting date. If the Township Board fails to act on the complete and correct permit application within 60 days of its proper submission to the Township Board, permission to proceed shall be deemed to have been granted by the Township.

Subd. 3

Should the Township Board or it’s appointed agent deny the permit application, the applicant may appeal. The appeal shall be submitted in writing at least 20 days prior to the next Regular Monthly Township Board meeting date at which the review shall be heard.

3. EFFECTIVE DATE.

This ordinance shall be in full force and effect from and after its passage and publication as required by law.

4. VIOLATION.

Any violation of this ordinance shall be a penal offense punishable as a misdemeanor and all penalties, fines and costs of restoration incurred by the Township under this ordinance shall be owed to the Township. The Township shall exercise all available processes in its collection action.

PASSED by the Board of Supervisors of the Township of Pelican, County of Crow Wing, Minnesota, this 12th day of July, 2004.