The Town Board has experience with large utility projects and the impacts they can have on the Township, its residents, and the Township's infrastructure. Large utility projects include those issued a permit by the Minnesota Public Utilities Commission for the site or routing of pipelines, overhead lines or other facilities across multiple governmental jurisdictions within the state to one or more redistribution or refining sites. The facilities installed as part of these projects do not provide utility services directly to the homes and business along their route, but instead are a means of conveying the resource to a particular location for refinement or for redistribution. The Town Board recognizes the value and need for these projects, but must also act to mitigate the impacts large utility projects can have both in the crossing of Township roads as well as the related heavy hauling and construction traffic that occurs on Township roads as these facilities are installed. Many of the Township's roads and bridges were not constructed to handle the weight of the vehicles that may be utilized for these projects. In some cases, it may be possible to improve the roads to enhance their ability to accommodate the vehicles, but even in such cases the roads must be carefully monitored and inspected to identify any resulting damage or degradation that must be repaired. The purpose of this article is to require a permit and place reasonable requirements and restrictions on such projects to mitigate their negative effects on the Township. It is also the purpose of this article to ensure the Township is fully reimbursed for the costs it incurs related to the project in order to protect the Township's taxpayers and the limited funds the Town Board has available to it to adequately maintain the Township's roads and bridges.
The following definitions shall apply to this article in addition to those contained in § 227-3 of this chapter to the extent they are not inconsistent with the following:
All public rights-of-way located within the Township proposed to be used, or which are actually used, for the hauling of materials or equipment related to a large utility project, including construction access routes. Haul road shall also include any public rights-of-way used as a detour for public travel to avoid rights-of-way temporarily closed or obstructed for a large utility project.
The installation, extension, or expansion of a large energy facility as defined in M.S.A. § 216B.2421, Subdivision 2, conducted pursuant to a routing or siting permit issued by the Minnesota Public Utilities Commission.
Any person to whom a project permit has been granted by the Township under this chapter.
A permit issued by the Town Board for a large utility project and which must be obtained before any such project may occur within the Township.
No person may undertake a large utility project in the Township without first having obtained a project permit from the Township. A project permit is limited to large utility projects, is intended to be inclusive in that it shall contain all the permissions and agreements required from the Township, it shall set out or reference all conditions and requirements imposed by the Township for the particular project, and shall be the only permit an applicant is required to obtain from the Township for the project. A project permit shall include any right-of-way obstruction or excavation permit that would otherwise be required by this chapter and shall also address all hauling, construction traffic, overweight vehicles, and other potential impacts the project may have on the Township.
An application for a project permit shall be submitted, and complete applications will be processed, in accordance with the terms of this section.
A.
Preapplication meeting and road inspection. A proposed applicant shall meet with the Township at least once prior to submitting an application to discuss the project, proposed route of the utility line, proposed location of related facilities, proposed haul roads, and proposed construction accesses, review the requirements of this chapter, and to discuss such other matters as may be relevant to the project and its impact on the Township. The Township and the proposed applicant shall conduct an inspection of any Township roads identified as potential haul roads. The purpose of the inspection is to assess the current condition of the roads, bridges, and related facilities and to determine whether they are sufficient, or can reasonably be made sufficient, to handle the anticipated truck traffic. The Township may, at the applicant's sole expense, have the proposed haul roads inspected by an engineer to assist in determining the adequacy of the roads and bridges to serve as haul roads, to assess and document the present conditions of the proposed haul roads, and to determine whether any preproject improvements are required in order to make one or more roads or bridges sufficient to serve as haul roads. The Township may recommend to the proposed applicant alternative haul roads that the Township determines will be better able to accommodate the anticipated truck traffic and minimize safety and maintenance concerns. If the Township determines a right-of-way or bridge cannot safely accommodate the anticipated truck traffic to serve as a haul road, and determines it cannot be reasonably improved to safely accommodate such traffic, the proposed applicant shall not designate or use the right-of-way as a haul road.
B.
Application. An applicant shall apply for a project permit from the Township on an application form approved by the Town Board. The application shall be submitted to the Town Clerk together with the application fee and a construction performance bond in an amount the Township determines is sufficient to cover all costs associated with any preconstruction improvements of haul roads, additional maintenance during the project, and restoring the haul roads to at least the same condition they were in prior to the project. The applicant shall also provide the Township a cash escrow in an amount determined by the Town Board to defray its out of pocket and professional costs associated with processing and administering compliance with the project permit, including, but not limited to, engineering, legal, and administrative costs. The application shall, at a minimum, include the following information:
(1)
A detailed written description of the proposed utility work, detailed plans for construction activities within Township rights-of-way and the timetable for the project; and
(2)
Identification of proposed haul roads related to the project, including whether any detours of public traffic will be required. The applicant shall identify all Township roads which are proposed to be used in the delivery of utility construction materials, the delivery of utility construction equipment, and all company or contract employee access routes. The applicant shall also identify off-road construction staging areas, material and equipment loading and unloading areas, and employee parking areas for the duration of the proposed utility construction within the Township.
C.
Township review of applications. The Town Board may hold one or more public hearings on the proposed project permit. The Town Board shall consider the information provided by the applicant and such other information as it deems relevant in reviewing the application. The Town Board shall also consider the potential impacts of the project on the Township and the conditions it determines are necessary to place on a permit in order to address the identified impacts. The Township may impose reasonable conditions upon the issuance of a project permit and the performance of the applicant thereunder to protect the public health, safety, and welfare, and to protect the rights-of-way and their use. The Town Board shall, at a minimum, consider the following when reviewing an application for a project permit:
(1)
Preproject road improvements. The Township shall determine, in its reasonable discretion, if any preproject improvements are required on any of the rights-of-way proposed to serve as haul roads for the project. The project improvements may include, but are not limited to, subgrade correction, base repair, resurfacing, culvert replacement, and bridge stabilization or replacement. Any such improvements shall be performed in accordance with the standards, specifications and requirements identified by the Township. The Township shall specifically identify in the project permit the preproject improvements required to be completed before the rights-of-way may be used as haul roads. The Township will perform the preproject improvements at the applicant's expense unless the Town Board and the applicant agree the applicant shall perform the improvements; and
(2)
Additional maintenance needs. The Township shall determine if any additional maintenance work is required on the haul roads during the project to accommodate the additional traffic and the resulting impacts on the public such as grading, regraveling, dust control, and ditch repair. The required additional maintenance work shall be described within the project permit.
At the time of application, the applicant shall be required to place cash in escrow with the Township. The Town Board shall determine the required amount of escrow after the preapplication meeting, which shall be an amount sufficient to guarantee all engineering, planning, and legal expenses related to the project incurred by the Township before and after the application for the review and issuance of the project permit, monitoring of the permit conditions, inspections of all right-of-way improvements, and enforcement of the permit. The Township shall withdraw funds from the escrow as needed to reimburse itself for the costs it incurs. If at any time the Town Board determines the amount of the escrow will not be sufficient to fully reimburse the Township's costs, the permittee shall escrow such additional amounts with the Township as determined by the Town Board within 15 days of the Township providing written notice of the need for additional escrow. Costs incurred for improving, maintaining and restoring rights-of-way shall be billed as provided in this article.
At the time of application, the applicant shall be required to provide the Township a construction performance bond in an amount the Town Board determines is sufficient to cover at least 110% of the anticipated costs to improve, provide additional maintenance, and restore the rights-of-way identified as haul roads for the project.
If an applicant provides the required application information, pays the application fee, provides the required escrow, participates in the inspections required hereunder, and agrees to comply with the conditions imposed on the permit, the Town Board shall issue the requested project permit. All hauling and work performed in the Township's rights-of-way by the applicant, its agents, contractors, assigns, or successors shall be limited to those areas and the haul roads identified in the project permit. All project permits are subject to, and are conditioned upon, the permittee's compliance with all reasonable requirements and conditions stated in the permit as well as the requirements of this chapter, including, but not limited to, the following:
A.
Escrow. The permittee shall fully reimburse the Township for all reasonable out-of-pocket costs and fees it incurs related to the project, including, but not limited to, costs incurred to improve, maintain, and repair haul roads and rights-of-way crossed by the applicant's facilities. The Township shall deduct its expenses from the escrow provided and replenished as required by § 227-26 of this article;
B.
Indemnification. By accepting a project permit under this chapter, permittee agrees to defend indemnify, and hold the Township, its officers, employees and agents harmless, including attorney's fees and defense costs, from all losses, liability or claims for bodily injury or death, property damage, or otherwise arising from or related to the project. The permittee is not required to indemnify the Township for losses or liability arising directly from the Township's own negligence or wrongful acts or omissions;
C.
Compliance with other laws. The permittee is responsible for obtaining all such other permits or permissions related to the project as may be required by law, except that no other permits shall be required from the Township once it issues a project permit, provided the project does not change in any material way with respect to its impacts on the Township after the project permit is issued. If such a material change does occur, the permittee shall immediately apply for an amended project permit. Without limiting the foregoing, the addition or alteration of a haul road not designated in the project permit shall constitute a material change in the project requiring an amended project permit; and
The Township shall provide for the improvement, additional maintenance, and the restoration of the rights-of-way identified as haul roads in the project permit unless the Township and permittee agree otherwise. The permittee shall be responsible for fully reimbursing the Township for all costs it incurs to perform this work and shall pay the Township within 30 days of billing for such costs. Permittee shall also be responsible for reimbursing the Township for all costs it may incur to repair and restore any other rights-of-way damaged as a result of the project regardless of whether they were identified as a haul road in the project permit. If permittee fails to pay as required, the Township may revoke the permit upon prior notice to the permittee and may immediately exercise its rights under the construction performance bond to recover its costs, including the costs it incurs to collect under the bond. The Township may also draw upon any funds in the cash escrow and pursue any other options available to it under law to recover its costs including all costs incurred to seek such recovery.
Permittees shall comply with the following standards, requirements, and limitations:
A.
Road crossings. Any underground utilities crossing a right-of-way shall be constructed without open cuts in the roadway when practicable. The permittee shall furnish detailed construction plans for all utility crossings within the right-of-way. The Township Engineer shall recommend to the Town Board whether the crossing(s) can be completed without disturbing the existing roadway. In the event an open road cut crossing is necessary, the permittee shall provide detailed cross sections of the existing Township road at the point of the crossing and detailed restoration plans. The Township Engineer shall recommend to the Town Board what detailed road cut restoration plans will be required as a condition of the road crossing.
B.
Construction access route signage. The permittee shall be required to post signs for all construction access, according to Township specifications, that clearly identify authorized construction access routes for materials delivery, equipment delivery, and construction employees. The permittee shall inform and instruct all contractors and sub-contractors, including equipment and material suppliers, of the restrictions for construction access and identify all authorized haul roads.
C.
Heavy construction equipment usage on Township roads. The operation of heavy construction equipment on Township roads, including but not limited to backhoes, cranes, and bulldozers, shall be prohibited, except as specifically authorized in the project permit.
D.
Construction inspection, damage and repair. The Township shall monitor and inspect all Township roads used by the permittee, including the permittee's use of any unauthorized access routes, during the approved utility construction and shall identify any damages. In the event any Township road is damaged by the permittee's construction activity, the permittee shall be liable for the cost of repair and restoration of the road, including but not limited to subgrade correction, base repair, resurfacing, culvert replacement, bridge repair and ditch restoration.
(1)
Financial surety. The Township shall require a financial surety in a form acceptable to the Township to guarantee performance of the right-of-way improvement, maintenance and restoration requirements. The surety shall also be sufficient to guarantee all engineering, planning, and legal expenses to be incurred by the Township for the review and issuance of the right-of-way permit, monitoring of the permit conditions, inspections of all right-of-way improvements, and enforcement of the permit. The amount and form of the financial surety shall be determined by the Town Board. Upon completion of the required improvements and a recommendation of the Township Engineer to accept the improvements, the financial surety shall be released by the Town Board.
(2)
Obstructions prohibited. No equipment, materials, vehicles, or facilities related to the project shall be placed, parked, or otherwise located within a right-of-way in a way that obstructs the maintenance of safe pedestrian or vehicular usage of the rights-of-way.
(3)
Parking and loading. Vehicle parking and loading and unloading of vehicles related to the project are prohibited within the rights-of-way in areas unless expressly allowed in the project permit.
The Township may revoke a project permit following the procedures set out in 227-16 of this chapter.