(A) General. Unless otherwise agreed in a franchise or other agreement between the applicable right-of-way user and the city, facilities in the right-of-way must be located or relocated and maintained underground in accordance with this section, Minn. Rules part 7819.3100 and Ch. 55 of this code of ordinances.
(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 facilities 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 facilities shall designate the proper corridor for the facilities at issue. Any relocation of facilities required by the Director shall be carried out in accordance with Minn. Rules part 7819.3100.
(C) Limitation of space.
(1) To protect health, safety and welfare or when necessary to protect the right-of-way and its current use, the Director shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way.
(2) 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 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. 940, passed 01-22-2018)