(A) General.
(1) Rule. When directed by the city, a right-of-way user shall promptly and, at his or her own expense, with due regard for seasonal working conditions, permanently remove and relocate his or her facilities in the right-of-way when it is necessary to prevent interference, and not merely for the convenience of the city, in connection with:
(a) A present or future city use of the right-of-way for a public project;
(b) The public health or safety; or
(c) The safety and convenience of travel over the right-of-way.
(2) Restoration. The registrant shall restore any rights-of-way to the condition it was in prior to removal and relocation. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minn. Rules parts 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 Planner shall notify the registrant or permit holder at least three months in advance of the need to relocate existing facilities. The Planner shall provide a second notification to the registrant or permit holder 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 Planner.
(C) Delay to city project. If the owner fails to meet the relocation schedule due to circumstances within the utility’s control, the city may charge the utility owner for all costs incurred by the city because the relocation is not completed in the scheduled time frame.
(D) Joint trenching. All facilities shall be placed in appropriate portions of the right-of-way so as to cause minimum conflict with other underground facilities. When technically appropriate and no safety hazards are created, all utilities shall be installed, constructed, or placed within the same trench. Notwithstanding the foregoing, gas and electric lines shall be placed in conformance with Minn. Rules part 7819.5100, subd. 2, governing safety standards.
(E) 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 facilities that are or, pursuant to current technology, the city expects will be, located within the right-of-way.
(1) All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. A typical crossing section of the location for utilities may be on file at the Planner’s office. This section is not intended to establish “high density corridors”.
(2) Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city may remain at that location until the city requires facilities relocation to the corridor pursuant to relocation authority granted under Minn. 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 city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making the 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. 277, passed 11-13-2017)