(a) Rule. When directed by the , a shall promptly and at his, her or its own expense, with due regard for seasonal working conditions, permanently remove and relocate its in the right-of-way when it is necessary to prevent interference, and not merely for the convenience of the , in connection with: (1) a present or future use of the right-of-way for a public project; (2) the public health or safety; or (3) the safety and convenience of travel over the right-of-way. The shall any rights-of-way to the condition it was in prior to removal and relocation. Placement, location and relocation of 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.
(b) Relocation schedule notification procedure. The shall notify the or at least three months in advance of the need to relocate existing . The shall provide a second notification to the or one month before the date by which the relocation must be completed. To the extent technically feasible, all utilities must be relocated within one month or in a time frame determined by the .
(c) Delay to project. If the owner fails to meet the relocation schedule due to circumstances within the utility’s control, the may charge the utility owner for all costs incurred by the because the relocation is not completed in the scheduled timeframe.
(d) Joint trenching. All shall be placed in appropriate portions of right-of-way so as to cause minimum conflict with other underground . When technically appropriate and no safety hazards are created, all utilities shall be installed, constructed or placed within the same . Notwithstanding the foregoing, gas and electric lines shall be placed in conformance with Minnesota Rules part 7819.5100, subd. 2, governing safety standards.
(e) Corridors. The may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of that are or, pursuant to current technology, the expects will be located within the right-of-way. All excavation, obstruction or other permits issued by the involving the installation or replacement of shall designate the proper corridor for the at issue. A typical crossing section of the location for utilities may be on file at the office. This section is not intended to establish “ .”
Any who has in the right-of-way in a position at variance with the corridors established by the may remain at that location until the requires relocation to the corridor pursuant to relocation authority granted under Minnesota Rules part 7819.3100 or other applicable law.
(f) Limitation of space. To protect the public health, safety and welfare or when necessary to protect the right-of-way and its current use, the shall have the power to prohibit or limit the placement of new or additional within the right-of-way. In making such decisions, the 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 , the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing in the right-of-way, and future plans for public improvements and development projects which have been determined to be in the public interest.
(Ord. 2006-32, passed 7-24-2006)