(A) Essential services, as defined by this chapter, may have an effect upon urbanizing areas of the county, county land uses, highway location, the preservation of natural environmental areas, lakes, streams, rivers, and park and recreation areas.
(B) Essential services are a conditional use unless otherwise stated in this section.
(C) Filing and setback requirements.
(1) All essential services including large facilities and those for local distribution or other similar appurtenances or facilities shall be located entirely within a public road right-of-way or shall meet the road right-of-way setbacks as required for principal structures in all zoning districts.
(2) The proposed location of all essential and transmission services in any land use district shall be filed with the county Highway Department prior to commencement of any condemnation action or construction. The proposed location of all essential and transmission services along a township road right-of-way shall also be filed with the Township Clerk prior to commencement of any condemnation action or construction.
(D) Exemptions.
(1) Essential services located within a public road right-of-way, platted utility easement, or within a pre-existing utility easement recorded prior to January 1, 2017, for their entire length shall be considered a permitted use in all districts and are exempt from the conditional use permit requirements of this chapter, provided all necessary permits are obtained from the road authority and all state and federal requirements are met. "As-built" plans for such essential services which specify the location of the essential service must be filed with the county Highway Department, and the Township Clerk when the essential services are located in a township road right-of-way, in a format specified by the county Highway Engineer within 90 days of final completion.
(2) County and township structures and support facilities are exempt from requiring conditional use permits.
(3) Essential services, as referred to in this section, do not include the lateral lines, cables, wires, pipes, or sewers which extend from the trunk transmission, collection, or distribution lines, mains, or pipes to service a single residence or other lawfully permitted structure.
(E) Application procedures. The following application procedure shall be observed.
(1) The applicant shall file with the Zoning Administrator such maps indicating the location, alignment and type of service proposed as shall be necessary to determine the potential impacts of the essential services.
(2) The essential service permit then shall be treated as a conditional use permit and the applicant shall be responsible to comply with all terms of this chapter applicable to such permits.
(F) Time limit. Conditional use permits shall expire in two years unless all conditions in an essential service utility permit are commenced within the two years and completed within one more year unless otherwise specified by the Planning Commission.
(G) Pipeline safety. Where any construction or development is proposed adjacent to a pipeline as defined in M.S. § 299J.05, as it may be amended from time to time, said project shall comply with all provisions for pipeline safety and setback standards as specified in M.S. § 299J.05, as it may be amended from time to time.
(Ord. 16-8, passed 12-27-2016)