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• Municode Page 1 of 2 Orono, Minnesota, Code of Ordinances >> Title II - UTILITIES >> Chapter 14- UTILITIES >> ARTICLE II. - PUBLIC UTILITIES » ARTICLE II. - PUBLIC UTILITIES Sec. 14-36. - Underground utility construction. Sec. 14-37. - Fixing rates and charges for public utilities. Secs. 14-38-14-70. - Reserved. Sec. 14-36. - Underground utility construction. (a) Underground construction required. All utility lines installed, constructed or otherwise placed within the city for electric, telephone, TV cable or other like or similar services to serve residential, commercial and industrial customers in newly platted areas, and which utilize metallic conductors to carry electric current, whether owned, installed or constructed by the supplier, consumer or any party, shall be installed and placed underground, subject only to the exceptions stated in this section; however, aboveground placement, construction, modification or replacement of meters, gauges, transformers, streetlighting and service connection pedestals shall be allowed. The requirements of this section shall apply equally outside of the corporate limits of the city coincident with city jurisdiction of platting, subdivision regulation or comprehensive planning as may be allowed by law. All companies installing and operating lines such as those described in this section shall be referred to as utility companies for purposes of this section. (b) Exceptions to application. The following exceptions to the strict applicability of this section shall be allowed upon the conditions stated: (1) Transmission lines. Aboveground placement, construction, modification or replacement of those lines commonly referred to as high-voltage transmission lines upon which the conductor's normal operating voltage equals or exceeds 23,000 volts(phase to phase) shall be allowed; however, 60 days prior to commencement of construction of such a project, the city shall be furnished notice of the proposed project and, upon request,the utility company involved shall furnish any relevant information regarding such project to the city.This section shall not be construed as waiving the requirements of any other ordinance or regulation of the city as it may apply to any such proposed project. (2) Technical and economic feasibility. Aboveground placement, construction, modification or replacement of lines shall be allowed in residential, commercial and industrial areas where the council, following consideration and recommendation by the planning commission,finds that: a. Underground placement would place an undue financial burden upon the landowner or the utility company or deprive the landowner of the preservation and enjoyment of substantial property rights; or b. Underground placement is impractical or not technically feasible due to topographical, subsoil or other existing conditions which adversely affect underground utility placement. (3) Temporary service. Aboveground placement of temporary service lines shall only be allowed: a. During the new construction of any project for a period not to exceed 24 months. b. During any emergency to safeguard lives or property within the city. c. For a period of not more than seven months when soil conditions make excavation impractical. d. Where specifically waived by the council based on facts presented to it. (c) Repair and maintenance of existing installations. Nothing in this section shall be construed to prevent repair, maintenance, replacement or modification of existing overhead utility lines. (d) Developer responsibility. All owners, platters or developers are responsible for complying with the requirements of this section, and prior to the final approval of any plat or development plan, shall submit to the planning commission written instruments from the appropriate utility companies showing that all necessary arrangements with such companies for installation of utilities have been made. (e) Placement. (1) All utility lines shall be placed within appropriate easements or dedicated public ways so as to cause minimum conflict with other underground services. Whenever feasible, all utilities shall be placed within the same trench. http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3a%2P'/o2fl... 12/15/2011