7.28 - Undergrounding
97.28
Section 7.28: Undergrounding
Subdivision 1. Generally
Facilities placed in the right-of-way must be located, relocated and maintained
underground pursuant to the terms and conditions of the Code and in accordance
with applicable construction standards. This Section is intended to be enforced
consistently with state and federal law regulating right-of-way user, specifically
including but not limited to Minnesota Statutes, Sections 161.45, 237.162,
237.163,300.03, 222.37, 238.084, and 216B.36 and the Telecommunications Act
of 1996, Title 47, USC Section 253.
Subdivision 2. New Extended Facilities
A new Facility or a permanent extension of Facilities must be installed and
maintained underground when supplied to:
A. new installation of buildings, signs, streetlights or other structures;
B. new subdivision of land; or
C. a new development or industrial park containing new commercial or
industrial buildings.
Subdivision 3. Undergrounding of Permanent Replacement,
Relocated or Reconstructed Facilities
A permanent replacement, relocation or reconstruction of a facility of more than
three hundred (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 A) the present or future use by the City or other local
government unit of the right-of-way for a public project, B) the public health or
safety, or C) the safety and convenience of travel over the right-of-way.
Subdivision 4. Retirement of Overhead Facilities
The City may determine whether it is in the public interest that all Facilities within
the City, or within certain districts designated by the City, be permanently placed
and maintained underground by a certain or target date, independently of
undergrounding required pursuant to this Chapter. The decision to underground
must be preceded by a public hearing, after published notice and written notice to
the utilities affected. At the hearing the City Council must consider items (A)-(D) in
Section 7.28, Subdivision 6 and make findings. Undergrounding may not take place
until City Council has, after hearing and notice, adopted a plan containing items
(A)-(F) of Section 7.28, Subdivision 7.
Go/den Valley City Code
Page 1 of 3
S 7.28
Subdivision 5. Public Hearings
A hearing must be open to the public and may be continued from time to time. At
each hearing any person interested must be given an opportunity to be heard. The
subject of the public hearings shall be the issue of whether Facilities in the right-of-
way in the City, or located within a certain district, shall all be located underground
by a date certain. Hearings are not necessary for the undergrounding required
under Section 7.28, Subdivisions 2 and 3.
Subdivision 6. Public Hearing Issues
The issues to be addressed at the public hearings include but are not limited to:
A. The costs and benefits to the public of requiring the undergrounding of all
Facilities in the right-of-way.
B. The feasibility and cost of undergrounding all Facilities by a date certain as
determined by the City and the affected utilities.
C. The tariff requirements, procedures and rate design for recovery or intended
recovery of incremental costs for the undergrounding by the utilities from
ratepayers within the City.
D. Alternative financing options available if the City deems it in the public
interest to require undergrounding by a date certain and deems it
appropriate to participate in the cost otherwise borne by the taxpayers.
Upon completion of the hearing or hearings, the City Council must make written
findings on whether it is in the public interest to establish a plan under which all
Facilities will be underground, either citywide or within districts designated by the
City.
Subdivision 7. Undergrounding Plan
If the City Council finds that it is in the public interest to underground all or
substantially all Facilities in the public right-of-way, the City Council must establish
a plan for such undergrounding. The plan for undergrounding must include at least
the following items:
A. Timetable for undergrounding.
B. Designation of districts for the undergrounding unless, undergrounding plan
is citywide.
C. Exceptions to the undergrounding requirement and procedures for
establishing such exceptions.
D. Procedures for the undergrounding process, including but not limited to
coordination with City projects and provisions to ensure compliance with non-
discrimination requirements under the law.
Golden Valley City Code
Page 2 of 3
97.28
E. A financing plan for funding of the incremental costs if the City determines
that it will finance some of the undergrounding costs, and a determination
and verification of the claimed additional costs to underground incurred by
the utility.
F. Penalties or other remedies for failure to comply with the undergrounding.
Source: Ordinance No. 239, 2nd Series
Effective Date: 3-15-01
Golden Valley City Code
Page 3 of 3