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CCP 06-18-2001-WS
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CCP 06-18-2001-WS
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Notwithstanding the foregoing, mapping data shall be submitted by all <br /> registrants for all equipment which is to be installed or constructed after the <br /> date of passage of this ordinance at the time any permits are sought under this <br /> Chapter. <br /> After six (6) months after the passage of this ordinance, a new registrant, or a <br /> registrant which has not submitted a plan as required above, shall submit <br /> complete and accurate mapping data for all its equipment at the time any <br /> permits are sought under this Chapter. <br /> 360.3.23 Location of Equipment <br /> A. Undergrounding. Unless otherwise permitted by an existing franchise or <br /> Minnesota Statute 216B.34, or unless existing above ground equipment is <br /> repaired or replaced, or unless infeasible such as in the provision of electric <br /> service at certain voltages, new construction, the installation of new <br /> equipment, and the replacement of old equipment shall be done underground <br /> or contained within buildings or other structures in conformity with applicable <br /> codes. <br /> B. Corridors. The City may assign specific corridors within the Right-of-Way, <br /> or any particular segment thereof as may be necessary, for each type of <br /> equipment that is or, pursuant to current technology, the City expects will <br /> someday be located within the Right-of-Way. Excavation, obstruction, or <br /> other permits issued by the City involving the installation or replacement of <br /> equipment may designate the proper corridor for the equipment at issue and <br /> such equipment must be located accordingly. <br /> Any registrant whose equipment is located prior to enactment of this Chapter <br /> in the Right-of-Way in a position at variance with the corridors established by <br /> the City shall, no later than at the time of the next reconstruction or excavation <br /> of the area where its equipment is located, move that equipment to its assigned <br /> position with the Right-of-Way, unless this requirement is waived by the City <br /> for good cause shown, upon consideration of such factors as the remaining <br /> economic life of the facilities, public safety, customer service needs and <br /> hardship to the registrant. <br /> C. Nuisance. One year after the passage of this ordinance, any equipment found <br /> in a Right-of-Way that has not been registered shall be deemed to be a <br /> nuisance. The City may exercise any remedies or rights it has at law or in <br /> equity, including, but not limited to, abating the nuisance pursuant to this <br /> Chapter or taking possession of the equipment and restoring the Right-of-Way <br /> to a useable condition. <br /> D. Limitation of Space. To protect health, safety and welfare, the City shall <br /> have the power to prohibit or limit the placement of new or additional <br /> equipment within the Right-of-Way if there is insufficient space to <br /> accommodate all of the requests of registrants or persons to occupy and use <br /> the Right-of-Way. In making such decisions, the City shall strive to the extent <br /> 360- 19 <br />
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