A. Placement: 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.
If any facility is now underground, any relocation or replacement of said facility shall remain underground unless there is no feasible location in the corridor to place such facilities.
Longitudinal installations under streets, sidewalks, and trails are prohibited unless otherwise approved by the Director.
B. Corridors: 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 facility that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All excavation, or other permits issued by the City involving the installation, relocation, or replacement of facilities shall designate the proper corridor for the facilities at issue. Facilities being installed, replaced, or relocated within a high density corridor shall be placed in a common conduit system or share other common structures.
Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the City, including longitudinal installations under streets, sidewalks, and trails, shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the Director for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant.
C. Limitation Of Space: To protect health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the City shall have the power to prohibit or limit the placement of new or additional facilities within the right-of- way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and 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. (Ord. 2019-003, 3-19-2019)