Chapter 7.5
UNDERGROUND WIRING
Sections:
7.5.02 Undergrounding utilities: Definitions.
7.5.03 Utility undergrounding fee program.
7.5.04 Utility undergrounding fee requirement.
7.5.06 Utility underground fund: Use of fees.
7.5.09 Credits and limitations on fee.
7.5.11 Alternate payment of utility undergrounding fee for additions to existing development.
7.5.01 Underground wiring.
All utility facilities (including, but not limited to, electrical, communication and cable television lines) located within the boundaries of a development project property or to be installed in and for the purpose of supplying service to any development project shall be placed underground. All existing overhead utilities that are included in the electrical utility undergrounding capital improvement inventory, established from time to time by Council resolution, shall be placed underground, except as follows:
(a) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets and concealed ducts;
(b) Metal poles supporting only streetlights;
(c) Facilities used for the transmission of electric energy at nominal voltages of thirty-five thousand (35,000) volts or more;
(d) If the topographical soil or any other conditions make underground installation of such facilities unreasonable or impractical, the Council may waive the requirements of this section;
(e) Those existing overhead utility facilities that exist on the opposite side of a major street from the proposed development project, which may be relocated at the option of the developer. These exempt facilities do not include the existing overhead utility facilities that cross the major street;
(f) Existing overhead utility facilities specifically located within the ultimate public right-of-way of major streets that are not included in the electrical utility undergrounding capital improvement established from time to time by Council resolution.
The developer shall be responsible for compliance with the provisions of this section. It shall be the responsibility of the developer to make the necessary arrangements with the serving utility owner for the installation of an underground system, owned and operated by the utility owner. The developer shall submit satisfactory evidence thereof prior to the acceptance and approval of the development project. (§ 1, Ord. 486, eff. May 20, 1970; as amended by § 5, Ord. 96-10, eff. July 1, 1996; § 7, Ord. 99-5, eff. May 12, 1999; § 9, Ord. 10-19, eff. January 7, 2011; § 12, Ord. 13-13, eff. July 12, 2013)
7.5.02 Undergrounding utilities: Definitions.
When used in this chapter, the following terms shall have the following meanings:
a. “Development project” shall include any building when additions, alterations, or repairs within any twelve (12) month period exceed fifty percent (50%) of the value of the building or structure; or “development project” shall mean a project approval granted by the City for tentative or final tract map, parcel map, conditional use permit, site plan review or building permit.
b. “Owner/developer” shall mean any person shown as the owner of land on the last equalized assessment roll or any person entitled to be shown as owner of land on the next assessment roll and/or the authorized representative of the owner of land. City is not an owner/developer.
c. “Electrical utility facilities” shall include all conductors, poles, transformers and related equipment necessary for the distribution of electrical power.
d. “Overhead utility facilities” shall mean above ground wires, poles, and associated facilities supplying electrical, communication or cable utility services.
e. “Public infrastructure” for purposes of applying fees and exemptions pursuant to this chapter shall mean any City-owned facility or improvement that is funded by a City of Clovis development impact fee including water well sites, booster pump sites that are part of or appurtenant to the City water and recycled water systems, water reservoir sites, water recharge sites, water treatment facility sites, water reuse facility sites, sewer lift station sites, FMFCD basins, and fire and police stations.
f. “Public facilities” shall mean any building or site used exclusively to house a City of Clovis function including fire and police stations, City corporation yards, and City offices and buildings.
g. “Underground Area 1” shall consist of all properties within the City’s adopted sphere of influence bounded by the centerline of Shepherd Avenue between the centerline of Willow Avenue and the centerline of De Wolf Avenue, the centerline of De Wolf Avenue between the centerlines of Shepherd and Herndon Avenues, the centerline of Herndon Avenue between the centerlines of De Wolf and Locan Avenues, the centerline of Locan Avenue between the centerlines of Herndon Avenue and the Gould Canal, the centerline of the Gould Canal between the centerlines of Locan and Fowler Avenues, the centerline of Fowler Avenue between the centerlines of the Gould Canal and Sierra Avenue, the centerline of Sierra Avenue between the centerlines of Fowler and Willow Avenues, and the centerline of Willow Avenue between the centerlines of Sierra and Shepherd Avenues. Together with that area located west of the centerline of Fowler Avenue, lying six hundred sixty feet (660') north and south of the centerline of Shaw Avenue to the centerline of the Music Avenue alignment. Together with that area located east of the centerline of De Wolf Avenue, south of the centerline of Shepherd Avenue, and north of SR 168.
(1) “Underground Subarea R-T” is inside Underground Area 1 and shall consist of all properties within the City’s adopted sphere of influence bounded by State Highway 168 to the south, the centerline of the Enterprise Canal to the east and northeast, a line that is one-eighth (1/8) mile south of the centerline of Nees Avenue to the north, and a line that is one-eighth (1/8) mile east of the centerline of Armstrong Avenue to the west, excepting therefrom the area bounded by the centerline of the Enterprise Canal to the east, State Highway 168 to the south, the centerline of Temperance Avenue to the west, and the south property line of the City of Clovis owned property for the trail as described in the grant deed dated 9-11-00, document number 20000110090, or future deeds adjusting the said south trail property line to the north.
h. “Underground Area 2” shall consist of all properties within the City’s adopted sphere of influence excepting therefrom Underground Areas 1, 3 and 4.
i. “Underground Area 3” shall consist of all properties within the corporate limits and/or the City’s adopted sphere of influence located east of the centerline of Locan Avenue and south of the centerline of Herndon Avenue.
j. “Underground Area 4” shall consist of all properties within the corporate limits and/or the City’s adopted sphere of influence located north of the centerline of Shepherd Avenue. (§ 9, Ord. 95-14, eff. June 30, 1995; as amended by § 6, Ord. 96-10, eff. July 1, 1996; § 8, Ord. 99-5, eff. May 12, 1999; § 15, Ord. 03-15, eff. June 18, 2003; §§ 22, 23, 24, Ord. 04-14, eff. May 5, 2004; §§ 7, 8, Ord. 05-16, eff. July 16, 2005; § 9, Ord. 10-19, eff. January 7, 2011; § 12, Ord. 13-13, eff. July 12, 2013; § 2, Ord. 24-09, eff. July 17, 2024)
7.5.03 Utility undergrounding fee program.
The purpose of the utility undergrounding fee program established in this chapter is to implement the urban design policies of the General Plan for the City, by requiring new development to contribute to a fund which shall be used solely for the conversion of existing overhead electrical utility facilities to underground facilities. (§ 9, Ord. 95-14, eff. June 30, 1995; as amended by § 7, Ord. 96-10, eff. July 1, 1996; § 9, Ord. 10-19, eff. January 7, 2011; § 12, Ord. 13-13, eff. July 12, 2013)
7.5.04 Utility undergrounding fee requirement.
Unless otherwise exempt under the provisions of this chapter, approval of a development project in the City, as defined in this chapter, shall be subject to a condition for the payment of a utility undergrounding fee in the amount and in the manner set forth in this chapter. The fee will be calculated based on the total gross acreage of the developable area. This fee shall include an administrative charge not to exceed the percentage shown in the Master Development Fee Schedule of the sum of the utility undergrounding fee to cover the cost of the City’s record keeping and handling, except that if sufficient fees are held in the particular fund and general interest sufficient to cover such costs, the administrative charge will be taken from such interest.
(1) No undergrounding fee will be required for modifications to existing single-family residential structures.
The fee for modifications to existing multifamily residential developments which add dwelling units and have not fully paid the undergrounding fee shall be based on the ratio of the number of units added to the total number of dwelling units in the development, multiplied by the gross area of the lot.
For building additions on existing nonresidential structures which have not fully paid the utility undergrounding fee obligation, undergrounding fees shall be assessed and collected based on the ratio of the additional square footage to the total building square footage including the building addition, multiplied by the gross acreage of the lot.
Any development considered to be public infrastructure shall be exempt from the payment of fees under this section. (§ 9, Ord. 95-14, eff. June 30, 1995; as amended by § 8, Ord. 96-10, eff. July 1, 1996; § 9, Ord. 99-5, eff. May 12, 1999; § 16, Ord. 03-15, eff. June 18, 2003; § 4, Ord. 03-21, eff. August 13, 2003; § 25, Ord. 04-14, eff. May 5, 2004; § 9, Ord. 10-19, eff. January 7, 2011; § 12, Ord. 13-13, eff. July 12, 2013)
7.5.05 Time for payment.
The fee as set forth in Section 7.5.03 shall be due and payable as a condition precedent to and upon the approval of a final map, parcel map, or building permit. (§ 9, Ord. 95-14, eff. June 30, 1995; as amended by Ord. 97-11, eff. June 5, 1997; § 10, Ord. 99-5, eff. May 12, 1999; § 9, Ord. 10-19, eff. January 7, 2011; § 12, Ord. 13-13, eff. July 12, 2013)
7.5.06 Utility underground fund: Use of fees.
a. All fees collected pursuant to the provisions of this chapter shall be placed in the Utility Underground Fund established by this chapter of the Clovis Municipal Code.
b. All fees collected pursuant to the provisions of this chapter shall be used solely for the conversion of overhead electrical utility facilities to underground facilities within the City for those facilities that are included in the electrical utility undergrounding capital improvement inventory, established from time to time by Council resolution.
The fees may be used for any and all of the following purposes:
(1) Payment to electrical utility companies for the cost of construction of eligible underground electrical utility facilities in the public right-of-way that replace existing overhead electrical utility facilities;
(2) City costs to convert eligible overhead electrical utility facilities to underground facilities;
(3) Contributions to underground utility districts which involve eligible electrical utility facilities;
(4) Payment of City expenses for staff, equipment, supplies and overhead associated with the establishment and administration of undergrounding projects eligible for funding under this chapter.
c. Nothing in this chapter is intended to affect the amount of reimbursement which would otherwise be paid to utilities, under applicable laws, rules, regulations and tariffs, for undergrounding of utilities. (§ 9, Ord. 95-14, eff. June 30, 1995; as amended by § 9, Ord. 96-10, eff. July 1, 1996; § 9, Ord. 10-19, eff. January 7, 2011; § 12, Ord. 13-13, eff. July 12, 2013)
7.5.07 Amount of fee.
The utility undergrounding fee shall be established from time to time by Council resolution based on current estimated construction costs of electrical utility undergrounding capital improvement inventory to be converted to underground facilities within the underground area as defined in this chapter, divided by total gross acreage of the developable area, rounded to the next highest one and no/100ths dollar ($1.00), and shall be included in the Master Development Fee Schedule. The electrical utility undergrounding capital improvement inventory shall be established from time to time by council resolution. (§ 9, Ord. 95-14, eff. June 30, 1995; § 9, Ord. 10-19, eff. January 7, 2011; § 12, Ord. 13-13, eff. July 12, 2013)
7.5.08 Deferment of fee.
When only a portion of a lot is developed and the remaining portion is to continue to be undeveloped or is to be used solely for the growing of agricultural crops or for public recreation uses, the City Engineer may require the payment of the undergrounding of overhead utilities fee applicable only to that portion of the lot developed or to be developed, provided the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred (12,500) square feet or one-fourth (1/4) of the lot, whichever is greater. The charges on the undeveloped portion shall be deferred only until, and shall be paid upon, the development of the undeveloped portion at the rate applicable at the time of the development of such deferred portion.
The fees set forth in this chapter shall be due and payable as a condition precedent to and upon the approval of a final tract map, a site plan, or a building permit. Payment may be deferred in accordance with the provisions of Chapter 6 of Title 3. (Ord. 96-20, eff. December 18, 1996; Ord. 97-11, eff. June 5, 1997; § 9, Ord. 10-19, eff. January 7, 2011; § 12, Ord. 13-13, eff. July 12, 2013)
7.5.09 Credits and limitations on fee.
If the project applicant has requested or is required as a condition of approval for their project to perform the undergrounding of overhead utilities for their project, the City Engineer may, at his discretion, allow a credit for the cost of installation of said electrical undergrounding against the utility undergrounding fee. (§ 9, Ord. 95-14, eff. June 30, 1995; as amended by § 11, Ord. 99-5, eff. May 12, 1999; § 9, Ord. 10-19, eff. January 7, 2011; § 12, Ord. 13-13, eff. July 12, 2013. Formerly 7.5.10)
7.5.10 Refunds.
Utility undergrounding fees paid to the City pursuant to this chapter may be refunded in whole or in part, upon a determination by the City Engineer that:
a. The fee or a portion thereof was collected in error;
b. The condition of development approval requiring payment of the fee is amended after payment of the fee to provide that the fee is not required or the amount thereof is reduced; or
c. Approval of the development project expires or is revoked, and no development thereunder has commenced prior to said expiration or revocation. (§ 9, Ord. 95-14, eff. June 30, 1995; § 9, Ord. 10-19, eff. January 7, 2011; § 12, Ord. 13-13, eff. July 12, 2013. Formerly 7.5.11)
7.5.11 Alternate payment of utility undergrounding fee for additions to existing development.
a. As set forth in this chapter, any utility undergrounding fees required shall be a debt owing to the City until paid. This section will allow the owner of developed property an option for the payment of utility undergrounding fees to the City when such property is required to pay said fees as set forth in this chapter.
b. Utility undergrounding fees may be made in substantially equal monthly installments upon the execution of an agreement setting forth the terms provided in this section.
(1) The owner requesting installment payments shall file an application therefor and pay in advance any application fee required. The application fee shall be set and adjusted by the Director of Finance to cover the cost for processing the application.
(2) The application fee and the total of such charges shall be as designated and shall be collected in accordance with procedures prescribed by the Director of Finance. Such utility undergrounding fees shall be owed by and collected from the owner of the property. The division of the charges into periodic payments for the purpose of billing and collection, as provided in this section, or any failure or delinquency in the collection or payment thereof, shall not waive or excuse the payment of any part of the total of such charges due. Any balance due may be collected with any further periodic installment payments, or by the collection of delinquencies from the owners by the exercise of a lien, or otherwise, at the option of the City.
(3) The agreement shall be executed by all record owners of the land requesting the financing.
(4) The agreement shall provide that the interest rate shall not exceed the Federal Fund rate, on the day the agreement is signed, which shall be that Federal Fund rate of the immediate preceding (banker’s) day as reported in the Wall Street Journal.
(5) The agreement shall provide that the whole, or any part, of the balance of charges due at any time under the agreement may be accelerated and paid at any time, at the option of the owner of the property, and that the whole balance of charges due shall be paid upon the sale of the property by the owner.
(6) The agreement shall be of the form and content prescribed by the Director of Finance and approved by the City Attorney.
c. The payment plan provided for in subsection (b) of this section shall apply only to utility undergrounding fees for the property.
d. This section shall not apply to new construction or payment for utility undergrounding fees provided for under procedures regulating the division of land, or to property owned by a government or governmental agency, or whenever the Council has adopted a resolution of intention to construct improvements by special assessments within a district.
e. The agreement provided for in subsection (b) of this section shall be in the form of a covenant running with the land to be served, and, when it is recorded in the records of the County, the balance of any charges due and to become due shall be a lien upon the land. The following shall apply to the lien and its enforcement whenever charges agreed to be paid have become delinquent under such agreement:
(1) The lien shall attach to the land upon the recording of the agreement in the records of the County.
(2) The Director of Finance shall release the lien upon the payment of all charges due or to become due under the agreement by recording a release thereof.
(3) The lien, when attached to the land, shall have the force, effect, and priority of the judgment lien and shall continue until released by the Director of Finance or an order of a court of proper jurisdiction.
(4) The Council may release all or any portion of the land subject to any such lien or subordinate the lien to other liens or encumbrances if the Council determines that the amount due is sufficiently secured by a lien on other property or that the release or subordination will not jeopardize the collection of the amount due.
(5) A warrant may be issued by the Director of Finance for the collection of any amount due for the enforcement of any lien directed to the sheriff or constable and shall have the same effect as a writ of execution. It may and shall be levied and sale made pursuant to it in the same manner and with the same effect as a levy upon the sale of real property pursuant to a writ of execution. The sheriff or constable shall receive, upon the completion of his services pursuant to a warrant, and the Director of Finance is authorized to pay to him, the same fees and commissions and expenses in connection with services pursuant to such warrant as are provided by law for similar services pursuant to a writ of execution; provided, however, fees for publication in a newspaper shall be subject to approval by the Director of Finance rather than by the court. Such fees, commissions, and expenses shall be an obligation of the person or persons liable for the payment of such charges and may be collected from such person or persons by virtue of the warrant or in any other manner provided in this chapter for the collection of such charges.
(6) In addition to collection pursuant to subsection (e)(5) of this section, the Director of Finance may sell the property (or any part) subject to the lien pursuant to Section 3052 of the Civil Code of the State. (Ord. 97-9, eff. July 1, 1997; § 9, Ord. 10-19, eff. January 7, 2011; § 12, Ord. 13-13, eff. July 12, 2013. Formerly 7.5.12)
7.5.12 Protest procedures.
An owner/developer may protest the imposition of fees, dedications, reservations, or other exactions on a development project imposed pursuant to the authority of this chapter, in accordance with Government Code Sections 66020 and 66021, by following the procedures for protesting fees adopted by resolution of the City Council. (§ 12, Ord. 13-13, eff. July 12, 2013)