Division I. Electrical and Communication1
Chapter 11.05
ELECTRIC INSTALLATION
Sections:
11.05.010 Scope and exceptions.
11.05.020 Enforcement officer.
11.05.060 Underground permits.
11.05.080 Variance procedures.
11.05.100 Underground requirements – New facilities.
11.05.110 Rebuilds, replacements and additions.
11.05.120 Service connections.
11.05.140 Proposed rights-of-way.
11.05.150 Connections and disconnections of affected service.
11.05.010 Scope and exceptions.
(1) It is found and determined by the city that the general public necessity, convenience, health, safety and welfare require that electrical or communication facilities be constructed underground in an orderly manner in accordance with the requirements specified in this chapter.
(2) This chapter shall apply to anyone who owns electric facilities or communication facilities, including but not limited to telephone and cable television facilities, within the corporate city limits; provided, however, the following facilities are excepted from the undergrounding requirements of this chapter:
(a) Electric utility substations, pad mounted transformers and switching facilities not located on the public right-of-way where site screening is or will be provided in accordance with FWRC 11.05.180(3)(b).
(b) Electric transmission systems of a voltage of 115 kv or more (including poles and wires) and equivalent communications facilities.
(c) Ornamental street lighting standards, as defined by the public works director.
(d) Telephone pedestals and other equivalent communication facilities.
(e) Police and fire sirens, or any similar municipal equipment, including traffic control equipment.
(f) Temporary services for construction.
(g) Secondary wiring for street lighting.
(h) Cable television cables to the extent that such cables are to be hung on existing utility poles in areas of the city where electrical facilities under 115 kv or other distribution facilities are primarily overhead.
(Ord. No. 91-90, § 1, 3-19-91. Code 2001 § 16-36.)
11.05.020 Enforcement officer.
The public works department director or designee has the authority to adopt rules and regulations to carry out the provisions of this chapter and has the authority to administer and enforce this chapter and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such rule or regulation.
(Ord. No. 09-597, § 44, 1-6-09; Ord. No. 99-342, § 10, 5-4-99; Ord. No. 91-90, § 9, 3-19-91. Code 2001 § 16-37.)
11.05.050 Cost.
(1) The cost of constructing new facilities underground or relocating existing aerial facilities underground shall be borne by the serving utilities, the owners of the real property to be served, or others in accordance with the applicable filed tariffs, or the rules and regulations, or the published policies of the respective utilities furnishing such service, or as may be contractually agreed upon between the utility and such owner or applicant.
(2) In the absence of filed tariffs, rules or regulations, published policies, or contractual agreement, the cost of constructing new facilities underground or relocating existing aerial facilities underground may be financed by any method authorized by state law.
(Ord. No. 91-90, § 2, 3-19-91. Code 2001 § 16-41.)
11.05.060 Underground permits.
Unless as otherwise provided in any existing franchise, a permit for underground construction shall be obtained from the city public works department or designee prior to construction of facilities in the public right-of-way. An appropriate fee shall be charged for this permit, as per schedule on file with the city public works department.
(Ord. No. 91-90, § 4(A), 3-19-91. Code 2001 § 16-42.)
11.05.070 Aerial permits.
Unless as otherwise provided in any existing franchise, where pole line installations are permitted under the variance procedures of FWRC 11.05.080, or minor new additions under FWRC 11.05.100(2) or temporary aerial facilities under FWRC 11.05.010(2)(f), a permit shall be obtained from the office of the city public works department prior to construction of such facilities in the public right-of-way. No fee shall be charged for this permit until an appropriate fee schedule is adopted by the city council.
(Ord. No. 91-90, § 4(B), 3-19-91. Code 2001 § 16-43.)
11.05.080 Variance procedures.
(1) All applications for variances from the foregoing underground requirements shall be processed using process I procedure as set out in Chapter 19.55 FWRC, with the exception that all references to “planning department” contained within Chapter 19.55 FWRC shall be substituted with “public works department,” and all references to “planning official” in Chapter 19.55 FWRC shall be substituted with “public works director.” The criteria for granting a variance shall be as set out in subsection (2) of this section.2
(2) Underground requirements shall be waived or modified by a variance only if the owner of electrical or communication facilities or the user thereof, or any other affected person, can demonstrate that it would be an undue hardship to construct such facilities underground. The term “undue hardship” shall mean either:
(a) The installation would be technologically unfeasible; or
(b) The cost of the underground construction outweighs the general welfare consideration in requiring underground construction.
(Ord. No. 07-573, § 8, 12-4-07; Ord. No. 91-90, § 6, 3-19-91. Code 2001 § 16-44.)
11.05.090 Joint trenches.
Where several utilities are planned or required in the same corridor, every effort shall be made by the utilities to use joint trenches for such facilities.
(Ord. No. 91-90, § 7, 3-19-91. Code 2001 § 16-45.)
11.05.100 Underground requirements – New facilities.
(1) All major additions of new facilities (three or more spans and/or 500 feet or more) shall be underground.
(2) Minor additions of new facilities may be constructed aerially where existing facilities are aerial.
(3) A permit from the city public works department shall be required.
(Ord. No. 97-307, § 3, 12-16-97; Ord. No. 91-90, § 3(A), 3-19-91. Code 2001 § 16-46.)
11.05.110 Rebuilds, replacements and additions.
(1) A relocation necessitated by a public works project including, but not limited to, road realignment, widening or sewer and water main projects, a major rebuild, or replacement of existing aerial facilities (three or more spans and/or 500 feet or more) shall be underground and a permit from the city public works department shall be required; except undergrounding shall not be required in those cases where the public works director finds that undergrounding will not be in the best interest of the public.
(2) A minor rebuild, replacement or relocation of existing aerial facilities may be constructed aerially. No permit shall be required.
(3) When there is casualty damage to an overhead service system or other major service outage, the facilities may be restored aerially. No permit shall be required.
(4) An addition of three phase conductors or reconductoring which does not constitute a major rebuilding will be allowed on existing aerial facilities. No permit shall be required.
(5) The provisions of this section shall not apply when constructing single-family homes in areas zoned for single-family residences, or in other zones if 75 percent of the affected parcels within the perimeters of the specific project is made up of single-family residences.
(Ord. No. 97-307, § 3, 12-16-97; Ord. No. 91-90, § 3(B), 3-19-91. Code 2001 § 16-47.)
11.05.120 Service connections.
Service connections are facilities extending from a distribution system and terminating on private property to serve a customer or subscriber. Service connections shall be underground, unless the distribution system serving the customer or subscriber is aerial, and the building, structure or facility to be served is new construction or an addition, alteration, or repair thereto is under $20,000 in value.
(Ord. No. 97-307, § 3, 12-16-97; Ord. No. 91-90, § 3(C), 3-19-91. Code 2001 § 16-48.)
11.05.130 Street lighting.
Street lighting facilities or systems, conforming to the city public works department standards in effect, shall be installed as an integral part of all underground projects constructed after the effective date of the ordinance from which this section was derived.
(Ord. No. 91-90, § 3(D), 3-19-91. Code 2001 § 16-49.)
11.05.140 Proposed rights-of-way.
All rights-of-way proposed to be dedicated to the city or easements for public facilities shall be subject to the provisions of this chapter and FWRC 19.135.180. In the event of conflict, the provision requiring the earliest date of undergrounding shall supersede.
(Ord. No. 91-90, § 3(E), 3-19-91. Code 2001 § 16-50.)
11.05.150 Connections and disconnections of affected service.
The owner of real property abutting an underground project shall be responsible, at his or her expense, for converting to underground service and disconnecting his or her aerial services within 90 days following notice in writing of availability of such underground service. Time in consummating such connection and disconnection is of the essence and such notice to the property owner, customer or subscriber may be mailed, postage prepaid, or delivered in person. In the event that such conversion and disconnection is not accomplished within 90 days of receipt of notice, the city may order the work done and the actual cost shall constitute a lien against the real property subject to enforcement as provided by law.
(Ord. No. 91-90, § 3(F), 3-19-91. Code 2001 § 16-51.)
11.05.160 Site screening.
Where a permit for the underground project is required by this chapter, plans for all above-ground installations shall be submitted to the department of community development for approval of site screening and setbacks prior to the issuance of a service permit by the city public works department.
(Ord. No. 91-90, § 3(G), 3-19-91. Code 2001 § 16-52.)
11.05.170 As built.
A drawing of a proposed underground project in a form acceptable to the city and conforming to generally accepted engineering practices shall be submitted in duplicate to the office of the city public works department within 90 days of the completion of any underground project within the city. Complete updated system drawing shall be submitted every six months.
(Ord. No. 91-90, § 3(H), 3-19-91. Code 2001 § 16-53.)
11.05.180 Design standards.
(1) All conductors, switches, transformers and regulating devices shall be installed in accordance with the applicable national, state and local safety standards. All structural devices shall be designed in accordance with the provisions of the latest edition of the Uniform Building Code; provided, however, all underground facilities provided for in this chapter shall be installed in such manner as to coordinate and minimize conflicts during construction with other underground facilities, e.g., water, sewer and gas pipelines, traffic control and other signal systems. Whenever such coordination requires installation practices more restrictive or demanding than the minimum standards required by applicable national, state and local codes and safety standards, the requirements of such coordination shall be governing and controlling.
(2) All vaults, manholes, ventilation gratings, and access covers and conduit in public rights-of-way shall be strong enough to withstand 10,000-pound wheel load. The serving utility may, at its option, during construction, elect to restrict a 10,000-pound wheel load requirement while assuming the responsibility for upgrading facilities to traveled street areas beyond the original traveled street area should subsequent realignment, relocation or widening occur.
(3) Any equipment except aerial poles and wires excepted from those underground requirements or otherwise permitted to be installed above ground shall be:
(a) Placed within an enclosure or part of the building being serviced; or
(b) Suitably screened with masonry or other decorative panels and/or evergreen trees, shrubs and landscaping planted in sufficient depth and height, within a period of five years, to form an effective sight barrier. The utility shall be responsible for the installation, maintenance, repair or replacement of the aforementioned screening materials when the real property, on which the aboveground facility is located, is owned by the utility. When the aboveground facility is located on non-utility-owned real property, the owner shall bear the expense of installation, maintenance, repair or replacement of screening materials outlined hereinabove.
(4) Space frames and structural arrangements for holding equipment shall be designed to have an uncluttered and neat appearance.
(5) Streets shall be graded to subgrade prior to the installation of underground facilities.
(Ord. No. 91-90, § 5, 3-19-91. Code 2001 § 16-54.)
Cross reference: Lighting requirements, FWRC 19.105.030.
Code reviser’s note:Ordinance 07-573 incorrectly changed an inconsistent cross-reference regarding process I by changing the process I reference to refer to process III. The intent of the amendment was to retain the reference to process I and update cross-references to be consistent with process I as currently shown in this subsection.