Subd. 1. All utilities installed after the effective date of these regulations, including, but not limited to electrical, telephone and cable television lines, shall be buried unless otherwise approved by the City Council.
Subd. 2. Existing overhead utilities within road rights-of-way in this section and of a capacity less than 115 kilovolts are declared to be nonconforming and must be buried at the time they are replaced due to aging or capacity limitations or relocated due to road construction or reconstruction within the rights-of-way in which they share space, unless otherwise approved by the City Council. Any modification to an existing facility or new facility with a capacity of 115 kilovolts or greater shall be subject to the conditional use permit requirements provided in § 1201.04 of this code. This provision shall not apply to existing overhead utilities located on rear or side lot line easements which directly serve adjacent properties.
Subd. 3. Existing overhead utilities which are to be buried in conformance with subdivision 2 above shall be done so under the terms and requirements as provided in the applicable franchise agreement for the affected utility, if so stipulated. In the absence of franchise agreement stipulations for the affected utility, the burial shall occur under the terms, expense and scheduling requirements as required by the city at the time the overhead utility is replaced or relocated. Substitute stipulations may be provided between the affected utility and the city.
(Ord. 552, passed - -2018)