(A) Location of facilities; undergrounding. Within the city where the city determines that underground location and relocation, installation, and reinstallation of facilities in the right-of-way, or in or on other public ground, promotes the safe travel of the public over the right-of-way, the safety of homes and buildings in the vicinity, or the orderly development of the city, the city may direct that any construction and installation of new facilities, and the replacement of old facilities, shall be done underground, or contained within buildings or other structures in conformity with applicable codes. Telecommunications right-of-way users may attach equipment and facilities to existing poles and structures maintained by a service or utility service. This section is intended to be enforced consistently with state and federal law regulating right-of-way users, specifically including, but not limited to, M.S. §§ 161.45, 237.162, 237.163, 301B.01, 222.37, 238.084, and 216B.36, as they may be amended from time to time, and the Telecommunications Act of 1996, 47 U.S.C. §§ 253 et seq.
(B) Purpose. The City Council finds it is in the public interest, and necessary for the comfort and convenience of the city, that all equipment or facilities newly installed, reinstalled, located, or relocated, or newly constructed or reconstructed facilities in the public right-of-way, or in other public property, be placed underground in order to promote and preserve the health, safety, and general welfare of the public, and to assure the orderly development of the city except for antenna and pole-mounted equipment.
(C) Undergrounding required. Where directed by the city, newly installed, reinstalled, located, or relocated, or newly constructed or reconstructed facilities 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 following exceptions: above-ground installation, construction, modification, or replacement of meters, gauges, transformers, street lighting, pad mount switches, capacitor banks, reclosers, and service connection pedestals.
(D) Exceptions to undergrounding. The following exceptions to the strict application of this section may be allowed, at the discretion of the city upon the conditions stated:
(1) Above-ground installation, construction, or placement of those facilities commonly referred to as “high voltage transmission lines” shall be allowed unless the Council requires undergrounding of the facilities after providing the right-of-way user notice and an opportunity to be heard. This provision shall not be construed as waiving the requirements of any other ordinance or regulation of the city as the same may apply to any proposed project;
(2) Above-ground installation, construction, or placement of facilities shall be allowed in residential, commercial, and industrial areas where the Council finds that:
(a) 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;
(b) Underground placement is impractical or not technically feasible due to topographical, subsoil, or other existing conditions which adversely affect underground facilities placement; or
(c) Failure to promote the purposes of undergrounding. The right-of-way user clearly and convincingly demonstrates that none of the purposes under this section would be advanced by underground placement of facilities on the project in question, or the city determines on its own review that undergrounding is not warranted based on the circumstances of the proposed undergrounding.
(3) Above-ground installation, construction, or placement of temporary service lines shall only be allowed:
(a) During new construction of any project for a period not to exceed three months;
(b) During an emergency in order to safeguard lives or property within the city; or
(c) For a period of not more than seven months when soil conditions make excavation impractical.
(E) Appeal. Within 30 days after a decision by the Planner requiring the undergrounding of utilities, equipment, or facilities, any person requesting a waiver based upon one of the foregoing exceptions may appeal to the City Council for a determination. Any appeal must be in writing and filed in the office of the City Administrator. If no timely appeal is made, the decision of the Planner shall become final.
(F) Existing utilities.
(1) The City Council may, from time to time, conduct public hearings to ascertain whether the public necessity, convenience, health, or safety requires the removal of poles and overhead lines, and associated overhead structures from some designated areas of the city. For this purpose, the city shall notify all affected property owners, as shown in the last recorded tax roll of the city affected by the utility, by mail of the time and place of the hearing at least 30 days prior to the date thereof. If, after the hearing, the City Council finds that the public necessity, convenience, health, or safety requires the removal, the Council shall, by ordinance amending this chapter, declare an area as an underground utility district.
(2) The ordinance shall include a description of the area comprising the district, and shall fix the time within which the poles and overhead lines, and associated overhead structures, must be removed, and within which affected property owners must be ready to receive underground service. The Council shall allow a reasonable time for the removal, having due regard for the availability of necessary labor, material, and equipment for the removal, and for the installation of the underground facilities as may be occasioned thereby. After the hearing described herein and adoption of the resulting ordinance, the city shall cause to be delivered to all affected persons notice of the requirements of the ordinance.
(Ord. 277, passed 11-13-2017)