2008-009 Council Ordinances - Laserfiche WebLink

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(a) Technical/Economic Feasibility; Promotion of Policy. Above -ground installation, construction, or placement of facilities shall be allowed in residential, commercial and industrial areas where the council, following consideration and recommendation by the planning commission, finds that: 1. Underground placement would place an undue financial burden upon the landowner, ratepayers, or right-of-way user or would deprive the landowner of the preservation and enjoyment of substantial property rights; or, 2. Underground placement is impractical or not technically feasible due to topographical, subsoil or other existing conditions which adversely affect underground Facilities placement; or, 3. Failure to promote the purposes of undergrounding. The right-of- way user clearly and convincingly demonstrates that none of the purposes under Section 304.19, subd. 1 would be advanced by underground placement of facilities on the project in question. (b) Temporary Service. Above -ground installation, construction, or placement of temporary service lines shall only be allowed: 1. During new construction of any project for a period not to exceed three (3) months; 2. During an emergency in order to safeguard lives or property within the city; 3. For a period of not more than seven (7) months when soil conditions make excavation impractical. (5) Developer Responsibility. All owners, platters, or developers are responsible for complying with the requirements of this subdivision, and prior to final approval of any plat or development plan, shall submit to the director written instruments from the appropriate right-of-way users showing that all necessary arrangements with said users for installation of such facilities have been made. 304.20 Damage to Other Facilities. When the city does work in the right-of-way and finds it necessary to maintain, support, or move facilities to protect it, the city shall notify the local representative as early as is reasonably possible and direct placement of facilities. The costs associated therewith will be billed to that facility owner and must be paid within thirty (30) days from the date of billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way, which it or its facilities damage. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the city's response to an emergency occasioned by that owner's facilities. Page 16 of 19