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may result in the revocation of the permit issued for the work or for future permits to the <br />offending permittee or its subcontractors. <br />SECTION 16. Location of Facilities; Undergrounding. <br />16.1. Purpose. The purpose of this section is to promote the health, safety and general welfare <br />of the public and is intended to foster (i) safe travel over the right-of-way, (ii) non -travel related <br />safety around homes and buildings where overhead feeds are connected and (iii) orderly <br />development in the City. Location and relocation, installation and reinstallation of Facilities in the <br />right-of-way must be made in accordance with this section. This section is intended to be <br />enforced consistently with state and federal law regulating right-of-way users, specifically <br />including but not limited to Minnesota Statutes, §§ 161.45, 237.162, 237.163, 300.03, 222.37, <br />238.084 and 21613.36 and the Telecommunications Act of 1996, Title 47, USC Section 253. <br />16.2. Undergrounding of Facilities. Unless otherwise agreed in a franchise between the <br />applicable right-of-way user and the City, facilities placed in the public right-of-way must be <br />located, relocated and maintained underground pursuant to the terms and conditions of this <br />section and in accordance with applicable construction standards. <br />16.3. Undergrounding of New Facilities. A new facility or a permanent extension of facilities <br />must be installed and maintained underground when supplied to: <br />(a) a new installation of buildings, signs, streetlights or other structures; <br />(b) a new subdivision of land; or <br />(c) a new development containing new commercial or industrial buildings. <br />16.4. Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities. A <br />permanent replacement, relocation or reconstruction of a facility of more than 300 feet must be <br />located, and maintained underground, with due regard for seasonal working conditions. For <br />purposes of this section, reconstruction means any substantial repair of or any improvement to <br />existing facilities. Undergrounding is required whether a replacement, relocation or <br />reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the <br />City in connection with (1) the present or future use by the City or other local government unit of <br />the right-of-way for a public project, (2) the public health or safety, or (3) the safety and <br />convenience of travel over the right-of-way. <br />16.5. Corridors. The City may assign specific corridors within the right-of-way, or any <br />particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to <br />current technology, the City expects will someday be located within the right-of-way. All <br />excavation, obstruction, or other permits issued by the City involving the installation or <br />replacement of facilities shall designate the proper corridor for the facilities at issue. <br />16.6. Limitation of Space. The Zoning Administrator shall, to the extent possible, <br />accommodate all existing and potential users of the right-of-way. In doing so, the Administrator <br />shall be guided by consideration of the public interest, including the public's needs for the <br />particular utility service, the condition of the right-of-way, the time of year with respect to <br />essential utilities, the protection of existing facilities in the right-of-way, and future City plans for <br />public improvements and development projects. <br />