#145 Underground Utility - Laserfiche WebLink

Home Browse Search

STATE OF MIWNESOTA consirucTion, whether underground or COUNTY OF RAMSEY overhead, and satisfactory evidence That VILLAf,EOFARDENHILLS the consent of all affected properTy ORDINANCE NO. 145 owners has been obtained. The Clerk- AN ORDINANCE PROVIDING Adminisirator shall ihen refer the FOR THE UNDERGROUND proposal to the UtiliTy Committee, INSTALLATION OF UTILITY herein esTablished. DISTRIBUTION LINES AND The Utility CommiTtee shall consisT of • PROVIDINGPENALTIES the Village Engineer, a Planning FOR VIOLATIONS. Commission member ar Public Works -The Council of the Villa9e of Arden Committee member appointed by the , Hills does hereby ordain as follows: Council, and the Village Building In- SECTION 1.0 PURPOSE spector. Said commiTtee shall review The Council believes ihat in the public utiliTy proposals upon the basis of the interesT of sound long-range planning it principles set forih in ihis Ordinance and should promote the underground in- promptly submit its report To the Council stallaTions of utiliTy disiribution lines in fhereon, advising the Council whether, cases of original insTallations of sub- on the basis of the stantial alTeraTion of exisTing lines. herein, the proposed i stallation should SECTION 2.0 SCOPE be approved. If the Utility CommiTtee is ThisOrdinanceappliestopublicufility of the opinion ihat untlerground in- lines designed and consTrucTed to sTallatian of the proposed utilities should - disTribuTe uTiltty services to customers not be required on the basis of the in the village, buT does not require un- sTandards seT forih in Section 6.0 hereof, tlerground installaTion of appurTenant it shall so recommentl to the Cauncil. faciliTies such as lift sTations, fire plugs, Recommendations of the UTiliTy Com- meTers, iransformers, pedestals, and mittee shall be by at least two af the the like. Three members ihereof. SECTION3.0 APPLICATION SECTION6.0 EXCEPTIONS 3.1 New Developments. All new eleciric 6.1 The foregoing requirements may be disTribution lines (excluding main line waived by the Village Council upon feeders and high volTage transmission recommendation to That effect by the lines), Telephone service lines and UTiliTy Committee and upon the fin- services consirucTed and providing ding of the CouncilThat eiTher or both service to cusTomers shall be buried of the following are applicable in case underground. These reyulaTions shall of the parTicular applicaTion: apply to all new land development a. The placing of electric and proposals in the Village including, but telephone utilities underground would not limited to, new subdivisions, not be compatible with the develop- aparimenis, non-residenTial buildings ment planned. and planned unit developments. b. Unusual Topography, soil, or The developer is responsible for other physical conditions make un- complying with These regulaTions and derground installation unfeasible from shall submit with his application for an engineering viewpoint, or the cost final plat or siTe plan approval, a Thereof impracTical. written sTaTemenT from the uTiliTy 6.2 Routine maintenance, emergency companies sTating ihat the necessary repairs to existing distribution lines, arrangemenTS for underground in- and femporary service to a con- stallation of utilities have been made. sirucTion proiect are exempt from 11 shall be the responsibility of the submission requirement of Section 3.2 tleveloper and all coniracTOrs on the of This Ordinance. consTruction to keep utility easemenis SEC710N 7.0 V IOLATIONS free and clear, to the end ihat the ANDPENALTIES utiliTy company shall have access at 7.1 V iolation of ihis Ordinance shall be a all times for insTallation and main- misdemeanor and upon conviction tenance of its uTilities. }hereof shall be punishable by a fine of 3.2 Existing Distribution Lioes. If shall not to exceed Three Hundred Dollars be the policy of the Village to pursue ($300.00) and-or imprisonmenT for a the obiective of evenTUally having all period of not to exceed ninety days utiliTy disTribution lines underground. (90) for each offense. It is recognized, however, ihat existing 7.2 In the evenT of a violafion or a overhead utility lines represenT a ihreaTened violation of This Ordinance, substantial economic investment for the Council, or any member thereof, in the benefit of the public and that it is atldition to other remedies, may in- generally notfeasible or desirable to stitute appropriate actions or replace existing serviceable faciliTies proceedings to prevent, restrain, wifh underground lines or to require correct, or abate such violaTions or 1haT the normal periodic extensions of ihreatened violations and it is the duty exisfing overhead systems be installed of the Attorney fo instituTe such action. underground without imposing an 7,3 Any taxpayer may institute man- undue burden on the public and the damus proceedings in Disirict Court to utility involved. Any utility company compel specific performance by the replacing or making extensions to proper official or officials of any duTy existing overhead disiribution required by ihis Ordinance. faciliTies in any area in which the SECTION8.0 EFFECTUATION repairs or exTensions cover more Than 8.1 SeparabiliTy. It is hereby declared To iwelve hundred (1200) feet of line shall be the intention ihat the several submit its plans to the Utility Com- provisions of ihis Ordinance are mittee aT Ieagt thirTy (30) days prior to separable in accordance with the such replacemenT, alteration or in- following: sfallation. a. If any court of competent SECTION4.0 EXCAVATION juristlicfion shall adiudge any In order to avoid possible damage to provision of }his Ordinance to be in- underground utilities, no person, firm or valid, such judgment shall not affecT corporate body shall excavate in any any other provisions of fhis Ordinance easement or right-of-way containing not specitically included in said underground utilities without first judgmenT. notifying the utiliTy company whose b. If any court of competenT lines occupy the easement or right-of- jurisdicTion shall adiutlge invalid the way; provided hawever, such ex- application of any portion of This cavaTion shall not constitute a breach of Ortlinance to a particular situaTion or this ordinance unless the excavator has instance, such iudgmenT shall not actual notice of the existence of the affect the application of said provision uTilities or unless the easement has been to any other sifuaTion or instance not recorded with the Register of Deeds of specifically included in said iudgmenT. Ramsey County with reference to the 8.2 Effect on Ordinance 90. The Council properfy. has noted the reference to un- SECTION5.0 UTILITY COM- dergraund uTilities in Section 11(U of MITTEE Ordinance 98, and the policy and REVI EW OF UTILITY procedure set forTh in the present INSTALLATIONS ordinance with respect to underground After the effective daTe hereof, all utiliTies shall supersede the expression ~ proposed utility installations in the of intenT in said Ordinance 98. V illage, shall be submiTted to the Vitlage 8.3 Effective Date. This Ordinance shall for approval prior to such installation; be in force and effect fram and afTer pravitled however, repairs or exfensions its passage and publication. by a uTility company covering less than Passed by the Village Council ihis 14 1200 feet of line, as recited in SecTion 3.2 day of June, 1971. hereot, need not be submittetl. The HEnry J. Crepeau, Jr., Mayor Clerk-AdminisTrator shall require the AttesT: applicant To furnish in wriTing in- Lorraine E. Siromquist formaTion relative To the location of the Clerk Adminisirator poposed installation, the manner of its (BUlletin: June 24, 1971)