The following exceptions to the strict application of this subchapter shall be allowed upon the conditions stated.
(A) Technical feasibility; promotion of policy. Above-ground installation, construction, or placement of facilities shall be allowed in residential, commercial, and industrial areas where the Council, following consideration and recommendation by the Planning Commission, finds that:
(1) Underground placement is not technically feasible due to topographical, subsoil, or other existing conditions which significantly and adversely affect underground facilities placement; or
(2) Failure to promote the purposes of undergrounding. The right-of-way user clearly and convincingly demonstrates that none of the purposes under § 92.60 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.
(B) Temporary service. Above-ground installation, construction, or placement of temporary service lines shall only be allowed:
(1) During new construction of any project for a period not to exceed three months;
(2) During an emergency in order to safeguard lives or property within the city;
(3) For a period of not more than seven months when soil conditions make excavation impractical.
(C) Facilities subject to pre-emptive Public Utilities Commission siting and routing jurisdiction. Facilities that are subject to certificate of need and siting and routing requirements of the state Public Utilities Commission are exempted from this subchapter to the extent that the city's undergrounding authority is pre-empted by law.
(D) Collocation of small cell wireless facilities. Collocation of small wireless facilities and installation of wireless support structures, approved by the city and in compliance with M.S. §§ 237.162 and 237.163, are exempted from this subchapter.
(Ord. 2019-295, passed 3-25-2019)