A. Undergrounding: Unless otherwise permitted by an existing franchise or Minnesota Statutes 216B.36, or unless existing aboveground equipment is repaired or replaced, new construction and the installation of new equipment and replacement of old equipment shall be done underground or contained within buildings or other structures in conformity with applicable codes.
B. Corridors: The Director may assign specific corridors within the right of way, or any particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current technology, the Director expects will someday be located within the right of way. All excavation, obstruction, or other permits issued by the Director involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue.
Any registrant whose equipment is in the right of way in a position at variance with the corridors established by the Director 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 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 and safety, the Director 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 Director 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 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. 217, 6-22-1998)