2008-009 Council Ordinances - Laserfiche WebLink

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potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. 304.19 Undergrounding. (1) Purpose. The purpose of this section is to promote the health, safety and general welfare of the public and is intended to foster (i) safe travel over the right-of- way, (ii) non -travel related safety around homes and buildings where overhead feeds are connected and (iii) orderly development in the City. Location and relocation, installation and reinstallation of facilities in the right-of-way or in or on other public ground must be made in accordance with this section and is intended to be enforced consistently with state and federal law regulating right-of-way users, specifically including but not limited to Minnesota Statutes, Sections 161.45, 237.162, 237.163, 301B.01, 222.37, 238.084 and 216B.36 and the Telecommunications Act of 1996, Title 47, U.S.C. secticn 253. (2) Undergrounding of Facilities. Facilities newly installed, constructed or otherwise placed in the public right-of-way or in other public property held in common for public use must be located and maintained underground pursuant to the terms and conditions of this section and in accordance with applicable construction standards, subject to the exceptions below. Above -ground installation, construction, modification, or replacement of meters, gauges, transformers, street lighting, pad mount switches, capacitor banks, re -closers and service connection pedestals shall be allowed. These requirements shall apply equally outside of the corporate limits of the city coincident with city jurisdiction of platting, subdivision regulation or comprehensive planning as may now or in the future be allowed by law. (3) Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities. If the City finds that one or more of the purposes set forth in this Section 304.19, subd. 1 would be promoted, the City may require a permanent replacement, relocation or reconstruction of a facility to be located, and maintained underground, with due regard for seasonal working conditions. For purposes of this subdivision, reconstruction means any substantial repair of or any improvement to existing facilities. Undergrounding may be required whether a replacement, relocation or reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the City in connection with (i) the present or future use by the City or other local government unit of the right-of-way or other public ground for a public project, (ii) the public health or safety, or (iii) the safety and convenience of travel over the right-of-way. Subject to subdivision 4 below, all relocations from previously placed underground facilities shall be to another underground location. (4) Exceptions to Undergrounding. The following exceptions to the strict application of this subdivision shall be allowed upon the conditions stated: Page 15 of 19