|
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br /> STATE OF MIWNESOTA consirucTion, whether underground or
<br /> COUNTY OF RAMSEY overhead, and satisfactory evidence That VILLAGE OF ARDEN HILLS the consent of all affected property
<br /> , ORDINANCE NO. 145 owners has been obtained. The Clerk-
<br /> AN ORDINANCE PROVIDING Administrator shall ihen refer the
<br /> FOR THE UNDERGROUND praposal to the Utility Committee,
<br /> INSTALLATION OF UTILITY herein esTablished.
<br /> DISTRIBUTION LINES AND The Utility Committee shall consist of
<br /> PROVIDINGPENALTIES the Village Engineer, a Planning
<br /> FOR VIOLATIONS. Commission member ar Public Works
<br /> ~ The Council of the Village of Arden CommiTTee member appoinTed by the
<br /> Hills does hereby ordain as follows: Council, and the Village Building In-
<br /> SECTION 1.0 PURPOSE spector. Said commiTtee shall review
<br /> The Council believes ThaT in the public uTiliTy proposals upon the basis of the
<br /> interest af sound long-range planning it
<br /> should promote the underground in- principlesseTforihin ihis Ordinance and
<br /> prompTly submit its report To the Council
<br /> sTallations of utiliTy distribution lines in ihereon, advising the Council whether,
<br /> cases of original insTallations of sub- on the basis of the principles stated
<br /> stantial alteration of existing lines. herein, the praposed insTallation should -
<br /> SECTION 2.0 SCOPE be approved. If the UtiliTy Committee is .
<br /> ThisOrdinanceappliestopublicuTiliTy of the opinion ihat underground in-
<br /> lines designed and constructed To sTallation of the proposed utiliTies should -
<br /> disiribute utilfiy services to cusTOmers not be required on the basis of the
<br /> in the village, but does noT require urn standards setforfh in SecTion 6.0 hereW,
<br /> derground installation of appurtenant iT shall so recommend to the Council.
<br /> facilities such as IifT sTatians, fire plugs, Recommendations of the UtiliTy Com-
<br /> meters, Transformers, pedestals, and mittee shall be by aT least iwo of the
<br /> the like. ihree members Thereof.
<br /> SECTION9.0 APPLICATION SECTION6.0 EXCEPTIONS
<br /> 3.1 New Developments. All new electric 6.1 The foregoing requiremenis may be
<br /> distribuTion lines (excluding main line waived by the Village Council upon
<br /> feeders and high volTage iransmission recommendation to that effect by the
<br /> lines), telephone service lines and UTility Committee and upon the fin- -
<br /> services consiructed and providing tling of the CouncilThaT eiTher or both
<br /> service To customers shall be buried of the fallowing are applicable in case
<br /> underground. These regulations shall of the particular applicaTion:
<br /> apply to all new land development a. The placing of elecTric and
<br /> proposals in the Village including, but telephone utilities underground would
<br /> not IimiTed To, new subdivisions, not be compaTible with the develop-
<br /> aparTmenTs, non-residentialbuildings ment planned.
<br /> and planned unit developmenTs. b. Unusual Topography, soil, or The developer is responsible for other physical conditions make un-
<br /> complying with ihese regulations and derground installation unfeasible from
<br /> shall submit with his application far an engineering viewpoint, or the cost
<br /> final plaT or site plan approval, a Thereof impractical.
<br /> wriTTen statement from the utility 6.2 Routine mainTenance, emergency
<br /> companies stafing That the necessary repairs fo existing disiribution lines,
<br /> arrangemenis for underground in- and temporary service to a con-
<br /> stallation of utilities have been made. struction project are exempT from
<br /> It shall be the responsibility of the submission requirement of Section 3.2
<br /> developer and all conTractors on the of ihis Ordinance.
<br /> consiruction to keep uTility easements SECTION 7.0 V IOLATIONS free and clear, to the end ihat the ANDPENALTIES
<br /> utility company shall have access at 7.1 Violation of This Ordinance shall be a
<br /> all Times far insTallation and main- mistlemeanor and upon conviction
<br /> fenance of its utilities. ihereof shall be punishable by a fine of
<br /> 3.2 Existing Disiribution Lines. It shall not to exceed Three Hundred Dollars be the policy of the Village to pursue ($300.00) and-or imprisonment for a
<br /> the obiective of eventually having all period ofnot to exceed ninety days
<br /> utility tlisiribution lines underground. (90) for each offense.
<br /> It is recognized, however, }haf existing 7.2 In the event of a vialaTion or a
<br /> overhead utility lines represent a fhreatened violaTion ofihis Ordinance,
<br /> subsTantial economic invesiment for the Council, or any member ihereof, in
<br /> the benefit of the public and ihat it is adtlition to oTher remedies, may in-
<br /> generally noT feasible or desirable To stitute appropriate actions or
<br /> replace existing serviceable facilities proceedings to prevent, resirain,
<br /> with underground lines or to require correcT, or abate such violatians or
<br /> ihat the normal periodic extensions of ihreatened violations antl it is the duty
<br /> existing overhead systems be installed ot the Atforney To institute such action.
<br /> underground without imposing an 7.3 Any taxpayer may insTitute man-
<br /> undue burtlen on the public and the damus proceedings in DisTrict CourT To
<br /> utility involved. Any utility company compel specific performance by the
<br /> replacing or making exTensions To proper official or officials of any duTy
<br /> existing overhead disiribution required by ihis Ordinance.
<br /> faciliTies in any area in which the SECTION 8.0 EFFECTUATION
<br /> repairs or extensions cover more ihan 8.1 Separability. It is hereby declared to
<br /> iwelvehundred (1200) feetof lineshall be the infention That the several
<br /> submit its plans fo the Utilify Com- provisions of This Ordinance are
<br /> mittee aT IeaST ihirty (30) days prior to separable in accordance wiTh the
<br /> such replacement, alteration or in- following:
<br /> stallation. a. If any court of competenT
<br /> SECTION4.0 EXCAVATION jurisdiction shall atljudge any
<br /> In order To avoid possible damage To provision of ihis Ordinance to be in-
<br /> underground utiliTies, no person, firm or valid, such iudgment shall not affect
<br /> corporafe body shall excavate in any any oTher provisions ofThis Ordinance
<br /> easement or right-of-way containing not specifically included in said
<br /> underground utilities wiThouT first judgment.
<br /> notifying the utility company whose b. If any court of compeTenT
<br /> lines occupy the easement or right-of-
<br /> iurisdiction shall adiudge invalid the
<br /> way; provided however, such ex-
<br /> appl
<br /> cavation shall not canstitute a breach of ication of any portion of ihis
<br /> Ordinance To a particular situation or
<br /> This ordinance unless the excavator has instance, such judgment shall noi
<br /> actual notice of the existence of the affecf the application of said provision
<br /> . utilities or unless the easement has been io any ofher siTUation or instance noT
<br /> recorded wiih the Register of Deeds of specifically included in said iudgment.
<br /> Ramsey Counfy with reference To the 8.2 Effecf on Ordinance 98. The Council
<br /> property. has noted the reference to un-
<br /> SECTION 5.0 UTIIITY COM- derground utiliTies in Section 11(C) of
<br /> MITTEE Ordinance 98, and the polity and
<br /> REVIEW OF UTILITY procedure set forTh in the presenT
<br /> INSTALLATIONS ordinancewith respecTto underground
<br /> After the effecTive daTe hereof, all uTilitiesshallsupersedeTheexpression
<br /> proposetl uTilify installations in the of intent in said Ordinance 98.
<br /> Village, shall be submitted To the Village 8.3 Effective Date. This Ordinance shall
<br /> ~ for approval prior To such installation; be in force and effect from and afTer provided however, repairs or extensions its passage and publication.
<br /> by a utility company covering less than Passed by the Village Council ihis 14
<br /> 1200 feet of line, as reciTetl in Section 3.2 day of June, 1971.
<br /> hereof, need not be submittetl. The HEhry J. Crepeau, Jr., Mayor
<br /> Clerk-Administrator shall require the AttesT:
<br /> applicanT To furnish in wriTing in- Lorraine E. STromquist
<br /> formation relative to the locafion of the Clerk AdministraTOr
<br /> poposed installation, the manner of iTS (BulleTin: June 24, 1977)
<br />
|