Chapter 12.25
UNDERGROUND UTILITIES REQUIREMENTS
Sections
12.25.050 Requirements for electrical or communication systems.
12.25.060 Additions, rebuilds, and replacements.
12.25.070 Requirement for no increase in poles – Exception.
12.25.080 Requirements for service lines in non-single-family residential areas.
12.25.090 Requirements for service lines in single-family residential areas.
12.25.100 Landscaping and screening.
12.25.110 Improvement of streets – Utility undergrounding.
12.25.130 Joint trenches for several utilities.
12.25.140 Notice requirements of service availability and noncompliance action.
12.25.155 Undergrounding of utilities local improvement district.
12.25.160 Undergrounding of utilities in Pacific Ridge.
12.25.010 Title.
This chapter shall be entitled “Underground Utilities Requirements.” [Ord. 1578 § 73, 2013.]
12.25.020 Application.
The provisions of this chapter shall apply to all new electrical or communication systems, including, but not limited to, electric power, telephone, and cable television facilities. [Ord. 1578 § 74, 2013.]
12.25.030 Purpose.
The purpose of this chapter is to establish minimum requirements and procedures for the underground installation and relocation of electrical and communication facilities within the City. It is the policy of the City to require the underground installation of all new electrical and communication facilities, with certain exceptions noted in this chapter. The City Council finds that the convenience, health, safety, and general welfare of the residents of the community require that all new facilities specified in this chapter be installed underground. [Ord. 1578 § 75, 2013.]
12.25.040 Authority.
The Planning, Building and Public Works Director, under the authority of the City Manager or the City Manager’s designee, shall have the authority to impose conditions as set forth in this chapter. [Ord. 1578 § 76, 2013.]
12.25.050 Requirements for electrical or communication systems.
All electrical or communication systems located in public rights-of-way and private roads shall be installed underground by the utility owning such facility:
(1) When it becomes necessary to move, remove, or relocate existing electrical or communication system overhead facilities for a distance of 500 feet or more because of development; or
(2) When electrical or communication system facilities are extended beyond those facilities existing on March 27, 1993, including proposals requiring dedication of land for rights-of-way or easements for public facilities. [Ord. 1578 § 77, 2013.]
12.25.060 Additions, rebuilds, and replacements.
Additions, rebuilds, and replacements may be constructed aerially in accordance with this section:
(1) Additions of new secondary electrical or communication facilities may be constructed aerially where existing facilities are aerial except at locations where, with the exception of 115 kV transition lines, utilities have already been undergrounded.
(2) When there is casualty damage to an overhead service system, the facilities may be restored aerially.
(3) Installation of additional conductors to provide one three-phase circuit is allowed on existing aerial facilities.
(4) Reconductoring for routine maintenance which does not constitute a major rebuild is allowed on existing aerial facilities. Routine maintenance is also allowed on existing aerial facilities for pole replacements and replacement of miscellaneous hardware.
(5) No work permitted by this section shall result in an increase in the number of utility poles. [Ord. 1600 § 1, 2014: Ord. 1578 § 78, 2013.]
12.25.070 Requirement for no increase in poles – Exception.
No installation of underground facilities shall result in an increase in poles, except an additional pole may be installed if an existing pole that is suitable as a termination pole for underground installation is not available within 300 feet of the closest property line of the development site. [Ord. 1578 § 79, 2013.]
12.25.080 Requirements for service lines in non-single-family residential areas.
In all areas of the City zoned in Title 18 DMMC for uses other than single-family residential, all new electrical or communication service lines from either existing overhead or underground facilities to the service connection of new and existing structures shall be installed underground. [Ord. 1578 § 80, 2013.]
12.25.090 Requirements for service lines in single-family residential areas.
In all areas of the City zoned in Title 18 DMMC for uses as single-family residential, all electrical or communication service lines from either existing overhead or underground facilities to the service connection of new structures shall be installed underground. [Ord. 1578 § 81, 2013.]
12.25.100 Landscaping and screening.
All work performed under this chapter shall conform with the applicable provisions of chapter 18.195 DMMC, Landscaping and Screening. [Ord. 1578 § 82, 2013.]
12.25.110 Improvement of streets – Utility undergrounding.
The City Council, when ordering the improvement of a street, shall determine whether the relocation of electrical and communication systems underground is required, and if so, the manner of payment. [Ord. 1578 § 83, 2013.]
12.25.120 Cost.
(1) The cost and expense of relocating an existing facility, or installing new facilities, underground is borne by the serving utilities, the owners of the real property served, or persons applying for such underground service in accordance with the applicable filed tariffs, rules, regulations, or the policies of the respective utilities furnishing such service, or as may be agreed upon by contract between the utility and such owner or applicant.
(2) The cost and expense of relocating an existing facility, or installing new facilities, underground may be financed by a local improvement district or as otherwise permitted by law, as further authorized by chapters 35.43 and 35.96 RCW as presently constituted or as may be subsequently amended, and in accordance with DMMC 12.25.140. [Ord. 1578 § 84, 2013.]
12.25.125 Variance procedure.
(1) All applications for variances from the foregoing underground requirements shall first be filed with the Hearing Examiner through the City Clerk. The provisions of the Hearing Examiner Code are followed as it relates to fees, hearings, notices, decisions, appeals, and the like.
(2) A variance shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that the utility owner or user or other affected party can demonstrate that it would be an undue hardship to place the facilities concerned underground. For purposes of this chapter, undue hardship is intended to mean a technological or environmental difficulty associated with the particular facility or with the particular real property involved.
(3) When granting a variance, the Hearing Examiner may attach conditions to the granting of said variance including placing a time limit on the duration of such variance. [Ord. 1578 § 85, 2013.]
12.25.130 Joint trenches for several utilities.
Where several utilities’ facilities are planned or required in the same corridor, every effort shall be made by the utilities to use joint trenches for such facilities. [Ord. 1578 § 86, 2013.]
12.25.140 Notice requirements of service availability and noncompliance action.
When service from underground electrical or communication service facilities becomes available by virtue of undergrounding of existing wires, the City Clerk shall provide notice, by certified mail with return receipt requested, to the owners of structures or improvements served by existing overhead facilities to which service from the underground installation is available. Such notice shall state that:
(1) Service from the underground facilities is available; and
(2) All electrical and communication service lines from the existing overhead facilities within the area to a structure or improvement shall be disconnected and removed within 90 days after the date of mailing the notice; and
(3) Should an owner fail to convert such service lines from overhead to underground within the required period, the City shall order all electrical and communication system utilities to disconnect and remove the service lines from the noncomplying property.
(4) Should the owner object to the ordered disconnection and removal of the service lines, the owner may request a hearing within 30 days after the date of the mailing of the notice in accordance with the provisions of the Hearing Examiner Code. Failure to object within such time will constitute a waiver of all rights thereafter to object to such disconnections and removal of service to the noncomplying property. [Ord. 1578 § 87, 2013.]
12.25.150 Mandatory disconnection/removal of overhead services – Owner objections – Public hearing – Final action.
If the owner has filed an appeal pursuant to DMMC 12.25.170 with the City Clerk not later than the close of business 30 days after the mailing of the notice, the City shall stay such disconnection and removal until final City action in the matter.
(1) If the owner of a structure or improvement served from an existing overhead electrical and communication system facility fails to convert to the available underground service within 90 days after the notice to do so was mailed, the City Manager at the City Manager’s discretion shall order all electrical and communications system utilities to disconnect and remove all overhead service lines from the noncomplying property; provided, that if the owner has filed a written objection to such disconnection and removal with the City Clerk not later than the close of business 30 days after the mailing of the notice, the City shall stay such disconnection and removal until final City action in the matter.
(2) Upon the timely filing by the owner of the subject property of written objections to the disconnection and removal of the service lines, the Hearing Examiner shall be directed to conduct a public hearing to determine whether the removal of all or part of the overhead service lines is in the public benefit. The Hearing Examiner shall schedule the public hearing within 45 days of receipt of the owner’s written objection.
(3) Notice of the public hearing is given by publication in the official newspaper of the City not less than 14 days prior to the scheduled hearing date and by mailing an appropriate notice, by certified mail, not less than 14 days of the hearing date to the owner of record and to the occupant/tenant of real property which may be affected by the proceedings. Thereafter, the Hearing Examiner shall conduct the hearing in general conformity with the Hearing Examiner Code. At the conclusion of the hearing, the Hearing Examiner shall enter findings and conclusions and transmit the same to the City Council.
(4) Upon receipt of the findings and conclusions of the Hearing Examiner, the City Council shall consider the issue at a public meeting, giving again notice as provided in DMMC 12.25.140 to the owner and/or occupant/tenant of the real property affected by the proceedings. Testimony and evidence may not go beyond the scope of that presented to the Hearing Examiner. The decision of the Hearing Examiner shall be given substantial weight upon consideration of the City Council. A determination by the City Council to affirm the Hearing Examiner is considered a final decision. [Ord. 1578 § 88, 2013.]
12.25.155 Undergrounding of utilities local improvement district.
(1) In all zones there is available an undergrounding of utilities local improvement district (UULID) that shall be formed in accordance with the provisions of chapter 35.43 RCW as presently constituted or as may be subsequently amended.
(2) In residential areas the conversion area must be not less than one City block in length, or in the absence of City blocks, not less than six contiguous building lots abutting each side of the public thoroughfare with all real property on both sides of each public thoroughfare to receive electric service from the main distribution system.
(3) In commercial areas and in such other areas which have electrical load requirements that are comparable with developed commercial areas the conversion area must be not less than two contiguous City blocks in length with all real property on both sides of each public street to receive electric service from the main distribution system.
(4) The amount assessed each property owner is amortized in not more than 15 equal annual payments. If the UULID is financed by the City general fund, the interest rate shall be set by the Finance Director at the estimated rate of return for long term City investments. [Ord. 1578 § 89, 2013.]
12.25.160 Undergrounding of utilities in Pacific Ridge.
In the Pacific Ridge area as identified by the City Comprehensive Plan:
(1) New and existing electrical and communication distribution and service lines shall be placed underground when rights-of-way are improved as specified by the street development standards for Pacific Ridge.
(2) The undergrounding requirements of this section shall not apply to 115kV transmission lines. [Ord. 1578 § 90, 2013.]
12.25.170 Appeal.
Should the owner object to the ordered disconnection and removal of the service lines, the owner may appeal that decision to the Hearing Examiner within 30 days after the date of the mailing of the notice in accordance with the provisions of DMMC 18.20.150 and 18.20.160 and chapter 18.240 DMMC. The time period for filing an appeal set forth in this section and in DMMC 12.25.150 shall supersede that set forth in DMMC 18.20.160. Failure to object within such time will constitute a waiver of all rights thereafter to object to such disconnections and removal of service to the noncomplying property. [Ord. 1578 § 91, 2013.]