Chapter 12.16
UNDERGROUNDING OF UTILITIES1
Sections:
12.16.020 Rules and regulations.
12.16.030 Power of city to regulate.
12.16.050 Exceptions – Designated.
12.16.060 Exceptions – Procedure.
12.16.080 Commercial utility district defined.
12.16.090 Violation – Penalty.
12.16.010 Definitions.
For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows:
A. “New additions or subdivisions” means only those subdivisions, resubdivisions or additions to the city for which preliminary plats have not, prior to the effective date of the ordinance codified in this chapter, been approved by the planning commission. Even though a preliminary plat has been filed prior to the effective date of the ordinance codified in this chapter, any part thereof on which a final plat has not been filed within two years of the effective date of the ordinance codified in this chapter shall be considered a new addition or subdivision.
B. “Utility” means any organization, person, firm, corporation or cooperative, whether public or private, furnishing gas, sewer, water, electricity, communication or television signal services.
C. “Utility facilities” means all equipment and appurtenances located above or below ground in streets, alleys, utility easements, rights-of-way, properties and ways of the city used or useful in supplying gas, sewer, water, electricity, communication or television signal services. (Ord. 163 § 1, 1971)
12.16.020 Rules and regulations.
The city council may, by resolution or amendment hereto, adopt and prescribe rules and regulations governing the underground installation of all utility facilities, not in direct conflict with any franchise or grant, contractual or statutory, of this city or of the law of the state and may, under the authority of this chapter, delegate authority to the various administrative officers of the city to enforce such rules and regulations. (Ord. 163 § 2, 1971)
12.16.030 Power of city to regulate.
The city shall include in all franchises of all utilities preservation of power in the city to govern and regulate the undergrounding of all utility facilities within the city. (Ord. 163 § 3, 1971)
12.16.040 Required.
From and after the effective date of the ordinance codified in this chapter, any plat for a new addition, or subdivision, to the city subject to the provisions of this chapter, any amendment hereto, and any authority granted under this chapter, shall not be approved by the planning commission or other delegated body, unless such plat shall provide that all new utility facilities shall be placed underground. (Ord. 163 § 4, 1971)
12.16.050 Exceptions – Designated.
The provisions of this chapter shall not apply to the following facilities above ground:
A. Poles used exclusively for police or fire alarm boxes, traffic control facilities, or any similar municipal equipment installed under the supervision, to the satisfaction and with the approval of the city engineer or his designated administrative official;
B. Street lighting systems and lighting units, comprised of poles, standards, luminaries and appurtenant equipment, but not including service wiring;
C. Radio and television transmission and receiving antenna and associated equipment, including supporting structures. This exception specifically does not include commercial facilities extending to and from such equipment;
D. Temporary utility facilities used for supplying services to new construction, or for maintaining services during periods of restoration or replacement;
E. Electric service terminals in pedestals, communication and television terminals in pedestals, enclosed pad-mounted distribution transformers, enclosed pad-mounted switch gear, riser facilities for connecting underground distribution lines to aboveground feeder or other lines;
F. Gas systems field line terminals, pressure reducing, regulating, odorizing and/or metering stations;
G. Service equipment and connections mounted against walls of buildings being served, including gas risers and meters, electric risers and meters, and communication or television risers and terminals. (Ord. 163 § 5, 1971)
12.16.060 Exceptions – Procedure.
The authority to approve exceptions additional to those specifically set forth in EWMC 12.16.050 shall be reserved to the board of adjustment.
A. Applications for exceptions shall be made in writing, filed with the city engineer and city clerk/ treasurer, and shall specify the reasons why the applicant feels entitled to an exception, together with a fee of $25.00 to cover administrative expenses. Before an exception is allowed, it shall be considered at a public hearing by the board of adjustment, to be held within 30 days after the filing of the application. The city clerk/treasurer shall give notice of the hearing in the following manner:
1. By publication of a notice in a newspaper of general circulation in the city not less than five, nor more than 20 days prior to the date of the hearing;
2. By sending notice by mail to the applicant and the owner of any other lot which he or the city engineer deems affected by the proposed variance.
B. The board of adjustment shall decide all applications for exceptions, uses or variances not later than 60 days after the public hearing thereon. All decisions and actions of the board of adjustment shall be by resolution which shall state the reasons therefor.
C. A copy of each resolution of the board of adjustment shall be transmitted to the city engineer and the decision of the board shall be binding upon him, and he shall incorporate the terms and conditions stipulated by the board in the permit to the applicant.
D. The decision of the board of adjustment on an application for an exception shall be final and conclusive, unless within 30 days from the date of such action the applicant or appellant makes application to the superior court for adjudication.
E. Approval by the board of adjustment of any such additional exception shall be based on either of the following:
1. There will be no economic or aesthetic advantage gained by placing utility installations underground, because of the presence of existing overhead utility facilities in a substantial portion of the area within or surrounding the new addition or subdivision.
2. Underground construction would not be practicable or feasible due to the nature of the services to be rendered or required, the soil or rock formations in the area, unusual rodent or animal infestation, the presence of existing impeding underground drainage ditches, or open storm sewers and impediments of like nature. (Ord. 163 § 6, 1971)
12.16.070 Applicability.
A. From and after the effective date of the ordinance codified in this chapter, any new service hookup of any of the defined utilities to any new structure or building, or any reconstruction or replacement of any of the defined utility facilities, including, but not limited to, the replacement or reconstruction of utility facilities made necessary by city street projects, and within the commercial utility district, as described in this chapter, shall be placed underground.
B. For the purpose of this section, all exceptions set forth in EWMC 12.16.050, and all definitions set forth in this chapter shall apply. (Ord. 163 § 7, 1971)
12.16.080 Commercial utility district defined.
For purposes of this chapter, “commercial utility district” means all that property lying within the city and designated on the official zoning map of the city as zoned pursuant to EWMC Title 17 of the city, any zoning district classification except “W-I” warehousing and industrial district. (Ord. 93-19 § 1, 1993; Ord. 383 § 1, 1985; Ord. 163 § 8, 1971)
12.16.090 Violation – Penalty.
It is unlawful to violate any of the terms and provisions of this chapter and said violation shall be a misdemeanor. The penalty for the conviction of violation of this chapter shall be the maximum of six months in jail or $500.00 fine, or both. (Ord. 163 § 9, 1971)
Code reviser’s note: See also EWMC Title 17.