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Ord #207 - 3rd Ser/Repealing-Replacing ROW Management
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Ord #207 - 3rd Ser/Repealing-Replacing ROW Management
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(2) City approval under development agreements or other subdivision or site <br /> plan approval under Minnesota Statutes Chapter 462. The city shall <br /> reasonably determine the appropriate method of providing such <br /> information. Failure to provide prompt and accurate information on the <br /> service laterals installed may result in the revocation of the permit issued <br /> for the work or future permits to the offending permittee or its <br /> subcontractors. <br /> Sec. 18-186.-Location Facilities. <br /> (a) Placement, Location, Relocation. Placement, location, and relocation of facilities <br /> must comply with the Act, with other applicable law, and with Minnesota Rules <br /> 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit <br /> authority otherwise available to cities. <br /> (b) Corridors. The city may assign a specific area within the right-of-way, or any <br /> particular segment thereof as may be necessary, for each type of facilities that is <br /> or, pursuant to current technology,the city expects will someday be located <br /> within the right-of-way. All excavation, obstruction, or other permits issued by <br /> the city involving the installation or replacement of facilities shall designate the <br /> proper corridor for the facilities at issue. <br /> Any permittee who has facilities in the right-of-way in a position at variance with <br /> the corridors established by the city shall, no later than at the time of the next <br /> reconstruction or excavation of the area where the facilities are located, move the <br /> facilities to the assigned position within the right-of-way, unless this requirement <br /> is waived by the city for good cause shown, upon consideration of such factors as <br /> the remaining economic life of the facilities,public safety, customer service needs <br /> and hardship to the registrant. <br /> (c) Nuisance. One year after the passage of this chapter, any facilities found in the <br /> right-of-way that have not been registered shall be deemed a nuisance. The city <br /> may exercise any remedies or rights it has at law or in equity, including,but not <br /> limited to, abating the nuisance or taking possession of the facilities and restoring <br /> the right-of-way to a useable condition. <br /> (d) Limitation of Space. To protect health, safety, and welfare, or when necessary to <br /> protect the right-of-way and its current use, the city shall have the power or <br /> prohibit or limit the placement of new or additional facilities within the right-of- <br /> way. In making such decisions, the city shall strive to the extent possible to <br /> accommodate all existing and potential users of the right-of-way,but shall be <br /> guided primarily by considerations of the public interest,the public's needs for <br /> 196937v1 <br />
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