(A) Unless otherwise permitted by an existing franchise or M.S. § 216D.34, as it may be amended from time to time, or unless existing above ground facilities is repaired or replaced, new construction and the installation of new facilities and replacement of old facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes.
(B) (1) 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.
(2) Any right-of-way user who has facilities 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 the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the Director for good cause shown, upon consideration of the factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the right-of-way user.
(C) One year after the establishment of a mapping system by the Director, any facilities found in a right-of-way that have not been mapped and submitted to the Director shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition.
(D) 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. In making the 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. 732, passed 4-5-99)