SECTION 804.01  Definitions:

The following definitions shall apply in the interpretation and enforcement of this ordinance:

Subd. 1 Utility Service: Utility Service means all public or private utility distribution lines, and associated structures including service to street lights, electrical circuits, all communications circuits and services including cable television distribution lines as defined in the National Electric Code ("NEC"), as adopted by the City of Sunfish Lake and all facilities or other similar associated utility services.

Subd. 2 Existing Utility Service: Existing Utility Service means any above ground or overhead Utility Service as defined in Paragraph 1 of this Section which exist and on which construction has been completed as of the effective date of this ordinance.

Subd 3 New Utility Service: As defined in subdivision 1 of this Section on which construction has not physically begun as of the effective date of this ordinance.


SECTION 804.02  Underground Utilities Required:

As of the effective date of this ordinance, all New Utility Service shall be installed underground, such installation to be subject to the installation/excavation requirements of the Minnesota State Building Code as adopted by the City of Sunfish Lake.


SECTION 804.03  Exceptions:

Notwithstanding the provisions of Section 804.02 above, the City Council of Sunfish Lake, upon petition, may waive the requirement for underground installation of New Utility Service upon a finding that:

a)The installation of utilities underground would not be compatible with the proposed development, existing or surrounding development.

b)Technical conditions make the underground installation unreasonable or impractical.  The following technical conditions may be considered among others that may be applicable: unusual topographical, soil or other physical conditions that make underground installation of such lines unreasonable or impractical.

c)When the utilities are being installed for a temporary time not to exceed one year.

The decision of the City Council as to whether to grant a waiver is final.


SECTION 804.04  Existing Utilities:

Subd. 1 Removal of Existing Utility Service:  The City Council may, from time to time, call public hearings to ascertain whether the public necessity, convenience, health or safety requires the removal existing Utility Service from some designated areas of the City.  For this purpose the City Clerk shall notify all affected property owners as shown in the last recorded tax roll of the City affected by such existing Utility Service by mail of the time and place of such hearings at least 30 days prior to the date thereof.

Subd. 2 Underground Utility District: If, after such hearing, the Council finds that the public necessity, convenience, health or safety requires such removal, the Council shall by Ordinance declare such an area as an underground utility district.  Such ordinance shall include a description of the area comprising such district and shall fix the time which such Existing Utility Service shall be removed and within which affected property owners must be ready to receive underground service.  The Council shall allow a reasonable time for such removal, having due regard for the availability of necessary labor, material and equipment for such removal and for installation of such underground facilities as may be occasioned thereby.

Subd. 3 Notice of Requirements: After a hearing as described above and an ordinance amending this ordinance has become effective the City Council shall cause to be delivered to all affected persons notice of the requirements of said ordinance.

Subd. 4 Special Assessments: Payment for the removal of existing Utility Service and installation of underground service shall be by special assessment against each benefited property.


SECTION 804.05  Unlawful Construction:

From and after the effective date of this ordinance it shall be unlawful for any person to erect, construct, use or maintain any Utility Service contrary to the provisions of this ordinance.


SECTION 804.06  Penalty:

Violation of any provision of this ordinance shall be a misdemeanor.