The purpose of this section is to provide for the installation of essential services such as telephone lines, pipelines, electric transmission lines, substations, and accessories therewith in such a manner that the health, safety, and welfare of the City will not be adversely affected. Essential services shall also be installed in recognition of existing and projected demands for such services.

All communication lines, pipelines for distribution to individual properties within the City, and all, underground electric transmission lines, overhead utility lines, radio receivers and transmitters, electric transmission lines, and substations less than 33 KV, when installed in any location in the City, shall require a permit subject to the approval of the City Engineer and shall be processed according to the following:.

Subd. 1.

Prior to the installation of any of the essential services defined above, the owner of such service shall file with the City Engineer, all maps and other pertinent information as deemed necessary by the City Engineer for review the proposed project.

Subd. 2.

The City Engineer shall document in writing the findings as to the compliance of the proposed project with the Comprehensive Plan and City Code provisions.

Subd. 3.

In considering applications for the placement of essential services, as regulated in this section, the City Engineer shall consider the effect of the proposed project upon the health, safety and general welfare of the City, as existing and as anticipated, and the effect of the proposed project upon the Comprehensive Plan. Additionally, radio transmitters and receivers accessory to an essential service may be located on existing utility poles or light standards within public right-of-way provide the radio transmitters and receivers comply with the following standards:

(a)

Radio transmitters and receivers located on a utility pole/tower or light standard shall be at least fifteen (15) feet above grade.

(b)

Radio transmitter and receiver devices shall not exceed eighteen (18) inches in length or width, or extend more than eighteen (18) inches from the pole. Antennas may not extend more than twenty-four (24) inches from the equipment.

(c)

The applicant shall submit a map prior to issuance of a permit showing the location of all proposed radio transmitters and receivers. The map shall be accompanied by a list of all sites referenced by the closest street address or property identification number. The list of sites must also describe the type of pole to be used.

(d)

The applicant shall notify the City of any changes to the approved list prior to erecting or placing any additional equipment in the right-of-way.

(e)

The applicant shall notify the City, at the time of permit application, of any obstructions that would cause traffic to be rerouted or stopped.

(f)

In addition to receiving the necessary permits and approvals, the City may require the applicant to enter into an encroachment agreement.

Subd. 4.

Upon approval of the City Engineer, a permit for the installation and operation of the applicant's essential services shall be issued. If the Engineer denies the permit, the applicant may appeal said decision to the Board of Appeals and Adjustments under the rules and procedures set forth in Section 21035 of this Chapter.

Subd. 5.

The City Engineer may deny a permit or attach conditions to the permit approval to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The City Engineer may consider one or more of the following factors:

(a)

the extent to which right-of-way space where the permit is sought is available;

(b)

the competing demands for the particular space in the right-of-way;

(c)

the availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit applicant;

(d)

the applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right-of-way.

Subd. 6.

The permittee shall notify the City Engineer upon completion of the work specified in the permit.

The following require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02, Subd. 5 and 21015.04 of this Chapter.

Subd. 1.

All transmission pipelines (i.e., pipelines not required for the City of Plymouth local distribution network), and overhead and underground transmission and substation lines in excess of 33 KV.

Subd. 2.

All poles and towers used exclusively for the placement of radio receivers and transmitters. In addition to the conditional use permit standards and criteria set forth in Section 21015.02, Subd. 5 and 21015.04 of this Chapter, poles and towers shall comply with the standards for personal wireless service antennas set forth in Section 21175.

(Amended by Ord. No. 98-4, 01/21/98)