(A) Undergrounding. Unless otherwise permitted by an existing franchise or M.S. § 216B.34, as it may be amended from time to time, or unless existing above ground equipment is repaired or replaced, or unless infeasible such as in the provision of electric service at certain voltages, new construction, the installation of new equipment and the replacement of old equipment shall be done underground or contained within or attached to buildings or other structures in conformity with applicable codes unless otherwise agreed to by the city in writing, and such agreement is reflected in applicable permits.
(B) High density corridor.
(1) The city may assign specific high density corridors within the right-of-way or any particular segment therefor as may be necessary for each type of equipment that is or, pursuant to current technology, the city expects will someday be located within the right-of-way, excavation, obstruction or other permits issued by the city involving the installation or replacement of equipment may designate the proper corridor for the equipment at issue and such equipment must be located accordingly.
(2) In the event the city desires to establish a high-density corridor, it shall include the elements required in Public Utility Commission Rule part 7819.0200.
(C) Next reconstruction, excavation. Any registrant whose equipment is located prior to enactment of this chapter in the right-of-way in a position at variance with the corridors established by the city shall, no later than at the time of the next reconstruction or excavation of the area where its equipment is located, move that equipment to its assigned position within the right-of-way, unless this requirement is waived by the city 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.
(D) Nuisance. One year after the passage of this chapter, any equipment found in a right-of-way that has not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the equipment and restoring the right-of-way to a useable condition.
(E) Limitation of space. To protect health, safety and welfare, the city shall have the power to prohibit or limit the placement of new or additional equipment within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use 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 need for the particular service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing equipment 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. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)