Chapter 11.15
UNDERGROUND UTILITIES
Sections:
Article I. General Provisions
11.15.010 Findings and purpose.
11.15.020 Definitions.
11.15.030 Waiver.
11.15.040 Exceptions.
Article II. Underground Utility Zones
11.15.050 Purpose.
11.15.060 Scope.
11.15.070 Underground utility zones created.
11.15.080 Proceedings for determination.
11.15.090 Hearing.
11.15.100 Allocation of costs and responsibilities.
11.15.110 Responsibility of government agency.
11.15.120 Notice to utility and property owners.
11.15.130 Compliance and installation.
Article III. Alternate Procedure for Conversion
11.15.140 Failure to install facilities.
11.15.150 List of nonconverting property owners.
11.15.160 Notice to property owners.
11.15.170 Action of council.
11.15.180 Method of performing work.
11.15.190 Authority to enter property and perform work.
11.15.200 Report of costs.
11.15.210 Assessments.
Article IV. Construction Standards
11.15.220 Compliance.
11.15.230 Transformers.
Article I. General Provisions
11.15.010 Findings and purpose.
The council finds that the public necessity, safety and general welfare require the installation underground of facilities and the conversion of these facilities from overhead to underground. (1991 code § 16-1.1)
11.15.020 Definitions.
As used in this chapter:
Facility means and includes poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances and all other attachments and appurtenances used or useful in supplying electric, communication or similar or associated service.
Service means and includes, but is not limited to, the product of an electrical transmission device such as electrical energy, television and telephone communications through continuous conductive material.
Underground utility zone means an area in the city within which all facilities are required to be installed underground.
Utility means a person supplying electric, communication, or similar or associated service by means of electrical materials or devices. (1991 code § 16-1.2)
11.15.030 Waiver.
A. Circumstances. The council may waive the requirements that facilities be located underground under these circumstances:
1. In an industrial subdivision after recommendation by the planning commission, when the council finds that a waiver is necessary or desirable to obtain the objectives of health, safety and general welfare and is in the public interest.
2. Upon application by a person and a showing to the satisfaction of the city that:
a. Installation underground involves a threat or danger to persons or property and cannot be accomplished feasibly within applicable safety regulations; or
b. Installation underground involves an unnecessary or unusual hardship.
B. Procedure. A person who desires a waiver shall file an application with the city on a form prescribed by it. The application shall set forth reasons why the exception should be granted. The city may require the applicant to provide supporting information, including reports relating to technical and economic aspects of construction and development prepared by a qualified person.
C. Imposed conditions. In granting a waiver of underground requirements under subsection A of this section, the council may impose such conditions as it considers necessary or desirable in the public interest. (1991 code § 16-1.3)
11.15.040 Exceptions.
This chapter does not apply to the following kind of facility:
A. A facility used exclusively for a police and fire alarm box or similar municipal equipment;
B. An overhead wire attached to the exterior surface of a building and extending from one location on the building to another location on the same building;
C. A radio antenna and its associated equipment and supporting structure used for furnishing communication service;
D. Equipment appurtenant to underground facilities such as a surface-mounted transformer (except as otherwise required in accordance with PHMC § 11.15.230), a pedestal-mounted terminal box and meter cabinet, and a concealed duct;
E. Wires (exclusive of supporting structures) crossing any portion of an underground utility zone connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and wires and associated overhead structures are not prohibited. (1991 code § 16-1.4)
Article II. Underground Utility Zones
11.15.050 Purpose.
It is the purpose of this article to provide for the orderly removal of existing overhead facilities and the construction of new underground facilities by providing a procedure by which the council may create an underground utility zone upon finding that it is in the public interest to do so. (1991 code § 16-2.1)
11.15.060 Scope.
The council finds that the conversion of existing facilities from overhead to underground is most desirable and can be accomplished most practically in commercial and business districts, and that to require conversion in residential districts at the same time would pose financial hardship on the utilities and property owners. (1991 code § 16-2.2)
11.15.070 Underground utility zones created.
The city council shall fix the requirements for construction of, or conversion to, underground facilities by the creation of underground utility zones as provided in this article. (1991 code § 16-2.3)
11.15.080 Proceedings for determination.
A. The council may initiate proceedings to determine whether or not to create an underground utility zone for the purpose of requiring existing overhead distribution facilities to be replaced with underground distribution facilities along public streets, roads and ways. The council shall consult with each affected utility to determine whether or not undergrounding of utilities is in the general public interest for one or more of the following reasons:
1. Undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities;
2. The street, road, or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic;
3. The street, road, or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public.
B. The resolution shall generally describe the boundaries of the area proposed to be included in the underground utility zone. (1991 code § 16-2.4)
11.15.090 Hearing.
A. Notice. When the council determines to hold a public hearing, the director shall notify property owners and utilities in the proposed area by mailing notice of the time and place of hearing. The notice shall be mailed at least 15 days before the date of the hearing.
B. Form. The hearing is open to the public and the council may continue it from time to time. At the hearing all persons interested shall be given an opportunity to be heard.
C. Decision.
1. At the close of the public hearing, the council shall determine whether or not undergrounding is in the general public interest for one or more of the following reasons:
a. Undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities;
b. The street, road, or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic;
c. The street, road, or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public.
2. The decision of the council is final. If the council finds that facilities should be installed underground, the council shall adopt a resolution declaring the formation of the underground utility zone and ordering the installation of existing overhead distribution facilities underground. The resolution shall describe the area of the underground utility zone and fix a reasonable time within which the work must be done. (1991 code § 16-2.5)
11.15.100 Allocation of costs and responsibilities.
A. The utility shall furnish and pay the costs of providing that portion of the underground facilities required to be furnished by it under its rules, regulations and tariffs on file with the Public Utilities Commission of the State of California.
B. The property owner is responsible for providing the underground facilities necessary to receive utility service between the underground junction box or splicing chamber of the supplying utility and the service facilities in the structure served, subject to applicable rules, regulations and tariffs of the utility on file with the Public Utilities Commission of the State of California. (1991 code § 16-2.6)
11.15.110 Responsibility of government agency.
The city and each federal, state and local governmental agency and district are responsible for the removal of their police and fire alarm circuits or other equipment at their own expense from the facilities required to be removed. The responsible agency shall complete this work in sufficient time to enable the utility and property owner to remove the facilities for which they are responsible within the time specified in the resolution ordering removal. (1991 code § 16-2.7)
11.15.120 Notice to utility and property owners.
A. Within 30 days after adoption of the resolution creating the underground utility zone and ordering removal, the director shall give notice to the utility affected and each property owner within the area designated in the resolution.
B. The notice shall:
1. State that the council has adopted the resolution creating the underground utility zone;
2. Describe the area within the underground utility zone;
3. Advise each property owner of the necessity that if he or she or the person occupying the property desires to continue to receive service, he or she or the occupant shall provide all necessary facility changes on the premises to receive service;
4. State the time within which the work must be completed.
C. The director shall have a copy of the notice and resolution creating the underground utility zone and ordering removal mailed to each affected utility and to each property owner as known to him or her or as shown on the last equalized assessment roll. (1991 code § 16-2.8)
11.15.130 Compliance and installation.
Each property owner and each utility shall comply with the resolution order and install the facilities for which he or she is responsible within the time prescribed in the resolution. (1991 code § 16-2.9)
Article III. Alternate Procedure for Conversion
11.15.140 Failure to install facilities.
If a person other than a utility does not install the facilities for which he or she is responsible as directed or within the time prescribed, the city may do the work and assess the cost against the property in the manner prescribed in this article. (1991 code § 16-3.1)
11.15.150 List of nonconverting property owners.
A. Preparation. When the time for completing the conversion to underground expires, the director shall make an engineering study and prepare a list of each property owner who has not installed underground the facilities necessary to receive service from the utilities.
B. Filing of list with council. The director shall file the list and report prepared under subsection A of this section with the council. The council may adopt a resolution directing the institution of proceedings under this article. (1991 code § 16-3.2)
11.15.160 Notice to property owners.
A. The director shall have a notice prepared in substantially the following form:
NOTICE TO INSTALL FACILITIES UNDERGROUND
Notice is given to: ___________ ___________
(name) (address)
___________ ___________
___________ ___________
that on ___________, 20____, the city council of the City of Pleasant Hill, adopted a resolution creating an underground utility zone and declaring that facilities shall be installed underground and directing that the work be completed no later than ___________. Thereafter, the council did on ___________, adopt a resolution directing the proceedings to be instituted under PHMC Chapter 11.15, Article III by which the city would do the work and assess the cost against the land and that the cost would be a lien upon the property until paid. Reference is made to these resolutions for further particulars.
The city has made an estimate of the cost of doing the work based upon an average installation. The estimated cost is $ ___________. However, this is an estimate only and no detailed study has been made of the cost for your particular property.
Each property owner having an objection to the proposed estimate of cost for installation of underground facilities is notified to attend the meeting of the city council to be held on ___________, when their objections to this cost estimate will be heard and given due consideration.
(Date)
____________________________________________
Director of Public Works and Community Development
B. Publication, posting and mailing.
1. The director shall have a copy of the notice posted conspicuously in front of or on the property affected in any manner most likely to give actual notice to the property owner. The director shall also have the notice published once in a newspaper of general circulation printed and published in the county and mailed to the property owner at his or her last known address or as shown on the last equalized assessment roll.
2. The posting, publication and mailing shall be complete at least 10 days before the day set for the hearing. (1991 code § 16-3.3)
11.15.170 Action of council.
At the time set for hearing the council shall hear all objections and may continue the hearing from time to time. Upon the conclusion of the hearing, the council shall allow or overrule each or any of the objections, after which it may order the work performed. (1991 code § 16-3.4)
11.15.180 Method of performing work.
The city may do the work with its own forces or may let a contract for the work. (1991 code § 16-3.5)
11.15.190 Authority to enter property and perform work.
The city and each authorized agent or employee of the city may enter upon the private property for the purpose of performing the work of installing underground facilities required by resolution of the council. (1991 code § 16-3.6)
11.15.200 Report of costs.
A. Posting.
1. The director shall file an engineer’s report showing the costs of doing the work on each separate parcel within 30 days after the work is completed.
2. Before submitting the report to the council, a copy of it shall be posted for at least three days at the City Hall together with a notice that the report will be submitted to the council for confirmation.
B. Hearing. At the time fixed for considering the report, the council shall hear objections of each property owner liable for the cost of the work. The council may make such modifications as it considers necessary. Following the hearing, the council shall confirm the report. (1991 code § 16-3.7)
11.15.210 Assessments.
A. Special assessment and lien. The amount of the cost for removing the overhead facilities and installing the underground facilities upon each of the parcels of property listed in the report as confirmed is a special assessment against the respective parcel of property and is a lien on the property for the amount of the assessment.
B. Assessments to county auditor. The city manager shall send a copy of the report as confirmed to the county auditor before the next succeeding August 10th, together with the request that the auditor enter the amounts of the assessment against the parcel of property as it appears on the assessment roll.
C. Collection. The tax collector shall include the amount of the assessment on each tax bill for taxes levied against the parcel of property. The amount of the assessment shall be collected at the same time and in the same manner as county taxes are collected. The assessment is subject to the same penalty and the same procedure as in case of delinquency as provided for county taxes.
D. Assessment procedure. The laws which govern the levy, collection, enforcement, cancellation and refund of county taxes apply to the special assessment levied under this chapter. (1991 code § 16-3.8)
Article IV. Construction Standards
11.15.220 Compliance.
A. A person who installs facilities underground shall comply with all applicable building and electrical codes, safety regulations and orders and the rules of the Public Utility Commission of the State of California.
B. A person who installs facilities underground shall comply with the encroachment regulations of the city. (1991 code § 16-4.1)
11.15.230 Transformers.
A. Landscaping. The transformers shall be landscaped in a manner approved by the director. The council may require the transformer to be flush with or below the official sidewalk or curb grade.
B. Location. Each transformer shall be located in a manner so that it harmonizes with the area surrounding it. (1991 code § 16-4.2)