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(1) The purpose of this section is to promote the health, safety and general welfare of the public and is intended to foster:
(a) Safe travel over the right-of-way;
(b) Non-travel related safety around homes and buildings where overhead feeds are connected; and
(c) Orderly development in the city.
(2) Location and relocation, installation and reinstallation of facilities in the right-of-way must be made in accordance with this section.
(B) Undergrounding of facilities. 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 and applicable construction standards.
(C) Undergrounding of permanent replacement, relocated or reconstructed facilities. A permanent replacement, relocation or reconstruction of a facility of more than 300 feet must be located, and maintained underground, with due regard for seasonal working conditions. For purposes of this section, RECONSTRUCTION means any substantial repair of or any improvement to existing facilities. Undergrounding is required whether a replacement, relocation or reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the city in connection with:
(1) The present or future use by the city or other local government unit of the right-of-way for a public project;
(2) The public health or safety; or
(3) The safety and convenience of travel over the right-of-way.
(D) Exceptions to undergrounding. The following exceptions to the strict application of this section will be allowed upon the conditions stated:
(1) Technical/economic feasibility; promotion of policy. Above-ground installation, construction or placement of facilities will be allowed in residential, commercial and industrial areas where the City Council finds that:
(a) Underground placement would place an undue financial burden upon the landowner, ratepayers or right-of-way user or would deprive the landowner of the preservation and enjoyment of substantial property rights;
(b) Underground placement is impractical or not technically feasible due to topographical, subsoil or other existing conditions that adversely affect underground facilities placement; or
(c) The right-of-way user clearly and convincingly demonstrates that none of the purposes under § 95.35(A) 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.
(2) Temporary service. Above-ground installation, construction or placement of temporary service lines will only be allowed:
(a) During new construction of any project for a period not to exceed three months;
(b) During an emergency in order to safeguard lives or property within the city; or
(c) For a period of not more than seven months when soil conditions make excavation impractical.
(3) Developer responsibility. All owners, platters or developers are responsible for complying with the requirements of this section, and before final approval of any plat or development plan, must submit to the Director written instruments from the appropriate right-of-way users showing that all necessary arrangements for installation of such facilities have been made.
(Ord. 17-13, passed 11-27-2017)