A. Placement, Location And Relocation: Placement, location and relocation of facilities must comply with Minnesota Statutes, 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. Corridors: The City may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, as a Best Management Practice for each type of facility or equipment that is, or, pursuant to current technology, the City expects will someday be located, within the right-of-way. 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. In new subdivisions, the subdivider’s engineer shall indicate all utility crossings associated with the subdivision in the construction plan submittal to the City and service/utility service providers (as defined in section 7-15-3). Conduits shall be required and installed in accordance with the current City of Lakeville Utility and Street Construction Standard Specifications. Installation of dual mains by a single company shall be required for all new subdivisions.
Any registrant who has facilities 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 the facilities are located, move the facilities to the assigned position within the right-of-way, to prevent interference with City use of 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.
C. Limitation Of Space: To protect health, safety and welfare or when necessary to protect the right-of-way and its current use, the City shall have the power to use Best Management Practices to prohibit or limit the placement and location of new or additional facilities within 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’s need 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.
D. Relocation Of Facilities: A right-of-way user shall promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right-of-way when it is necessary to prevent interference, and not merely for convenience of the City, in connection with: 1) a present or future City use of the right-of-way for a public improvement, 2) the public health or safety, or 3) the safety and convenience of travel over the right- of-way. The right-of-way user shall restore any rights-of-way in accordance with this chapter.
A right-of-way user is not required to remove or relocate its facilities from a right-of-way that has been vacated in favor of a nongovernmental entity unless and until the reasonable costs to do so are first paid to the right-of-way user.
E. Undergrounding: Unless otherwise permitted by an existing franchise, or unless existing aboveground 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 required relocation of old equipment in the right-of-way must be located or relocated and maintained underground in accordance with chapter 6 of this title. The permittee shall comply with the following requirements when installing underground facilities:
1. Underground facilities shall, where reasonably possible, be installed outside the paved or surfaced area. If unable to install outside the surfaced area, the installation shall be as close to the edge of the roadway surface as possible to allow access thereto without unnecessarily disturbing paved areas of the roadway;
2. Right-of-way alignment and grade shall be maintained;
3. Fiber facilities shall be buried in a proper conduit and at a depth of no less than two feet (2') deep and no more than three feet (3') deep; and copper facilities, except City owned facilities, shall be buried no less than three feet (3') deep and no more than four feet (4') deep;
4. All underground facilities which cross streets or hard surfaced roadways and driveways shall be bored and installed in conduit when requested by the City to a depth of no less than three feet (3') deep and no more than four feet (4') unless determined otherwise by the City Engineer. Gas does not need to be installed in conduit;
5. When required, the permittee shall excavate an observation hole over a City utility to ensure that a City utility is not damaged;
6. If the project work involves an open cut, the permittee shall install visual tracers twelve inches (12") over buried facilities. If other construction methods are used, substitute location methods may be used upon approval by the City;
7. During plowing or trenching of facilities, a warning tape shall be placed at a depth of twelve inches (12") above copper cables with over two hundred (200) pairs and fiber facilities and a locating wire or conductive shield shall be installed above buried telecommunication facilities, except for dielectric cables;
8. Restoration of areas disturbed by facilities will include returning the right-of-way to the same condition that existed before excavation as per Minnesota Rules 7819.1100. Subject to this standard, plates 1 to 13, shown in parts 7819.9900 to 7819.9950, indicate maximum limits of restoration methods and area requirements the City can impose when a right-of-way user excavates in the right-of-way. The City and right-of-way user may agree to a lesser requirement. The right-of-way user is responsible for all of its work done in the right-of-way, whether by employees, agents or independent contractors. All levels of restoration include compaction of the materials placed in the excavation of the subgrade and aggregate base, plus pavement replacement, in-kind. If required by the City, all work must be performed according to the City’s specifications and drawings;
9. All facilities shall be located so as to not interfere with existing and potential future traffic signals and signs;
10. Unless approved by the City, all aboveground appurtenances shall be located no closer than ten feet (10') to City hydrants, waterline valves, manholes, lift stations and catch basins; not in front of or within usual sightlines of any City sign, monument or amenity for facilities or parks; and no closer than two feet (2') from sidewalks and trails;
11. Underground facilities shall not be installed between a hydrant and an auxiliary valve;
12. Where utility easements exist beyond the roadway surface area of the right-of-way and space is available therein, underground facilities shall not be installed within five feet (5') of hydrants, waterline valves, lift stations, manholes or catch basins. In those areas in which no utility easement exists, placement of an underground facility shall be between the edge of pavement and no closer than three feet (3') to an existing City utility appurtenance, unless approved by the City;
13. The location and installation of telecommunications facilities shall comply with the National Electrical Safety Code, as incorporated by reference in Minnesota Statutes. (Ord. 990, 12-4-2017; amd. Ord. 1054, 11-1-2021)