Chapter 7.10
UNDERGROUND INSTALLATION OF ELECTRICAL OR COMMUNICATION FACILITIES*
Sections:
7.10.010 Scope and exceptions.
7.10.020 Cost.
7.10.030 Underground requirements.
7.10.040 Cable television conduit.
7.10.050 Permits.
7.10.060 Design standards.
7.10.070 Variance procedures.
7.10.080 Joint trenches.
7.10.090 Metal stays or guys boxed.
7.10.100 Enforcement.
7.10.110 Penalties.
*Cross reference(s) – Department of public works, ch. 2.28; environmental policy, ch. 11.03; requirements and standards for subdivisions, § 12.04.235 et seq.
State law reference(s) – Underground electric and communications facilities, RCW 35.96.010 et seq.
7.10.010 Scope and exceptions.
A. It is especially 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.
B. This chapter shall apply to everyone who owns electrical facilities or communication facilities, including but not limited to telephone and cable television facilities, within the corporate city limits. The following facilities are excepted from the underground requirements of this chapter:
1. 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 KCC 7.10.030;
2. Electric transmission systems of a voltage of fifty-five (55) kv or more, including poles and wires, and equivalent communications facilities;
3. Ornamental street lighting standards;
4. Telephone pedestals and other equivalent communication facilities;
5. Police and fire sirens or any similar municipal equipment, including traffic control equipment;
6. Temporary services for construction;
7. Secondary wiring for street lighting;
8. Cable television cable to the extent that such cables are to be hung on existing utility poles in areas of the city where electrical or other distribution facilities are primarily overhead, subject, however, to the provisions of KCC 7.10.040.
(Ord. No. 1695, § 1; Ord. No. 2047, § 2. Formerly Code 1986, § 7.10.010)
7.10.020 Cost.
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 requesting such underground services 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. In the absence of filed tariffs, rules, 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. 1695, § 2. Formerly Code 1986, § 7.10.020)
7.10.030 Underground requirements.
A. The following requirements shall apply to new facilities:
1. All major additions of new facilities of three (3) or more spans and/or five hundred (500) feet or more shall be underground.
2. Minor additions or new facilities may be constructed aerially where the growth requirements are uncertain or where existing facilities are aerial. A permit from the department of public works shall be required.
B. The following requirements shall apply to rebuilds, replacements and additions:
1. A major rebuild or replacement of existing aerial facilities of three (3) or more spans and/or five hundred (500) feet or more shall be underground.
2. A minor rebuild or replacement of or addition to existing aerial facilities may be constructed aerially. No permit shall be required.
3. When there is casualty damage to an overhead service system due to the elements or other major service outage, the facilities may be restored aerially. No permit shall be required.
4. An addition of three (3) phase conductors or reconductoring will be allowed on existing aerial facilities. No permit shall be required.
C. The following requirements shall apply to relocations or rearrangements:
1. Relocations or rearrangements of aerial facilities necessitated by, but not limited to, road widening, sewer and water main projects, shall be underground if replacement of poles and associated facilities are necessary to accommodate the improvement.
2. Relocations and rearrangements of aerial facilities not requiring major replacement of poles and associated facilities may be constructed aerially.
D. Service connections are facilities extending from a distribution system and terminating on private property to serve a customer or subscriber. The following requirements shall apply to service connections:
1. Service connections shall be underground, if the distribution system serving the customer or subscriber is underground.
2. Service connections shall be underground if the distribution system serving the customer or subscriber is aerial, and the building, structure, or facility to be served is new, single-family residential construction.
3. Service connections may be aerial, if the distribution system serving the customer or subscriber is aerial, and the building, structure, or facility to be served is new construction under twenty thousand dollars ($20,000) in value.
4. Service connections may be aerial, if the distribution system serving the customer or subscriber is aerial, and the service request for building, structure or facility is the result of an addition, alterations, or repair thereto under twenty thousand dollars ($20,000) in value.
5. Service connections shall be underground, unless otherwise provided above.
E. The following requirements shall apply to specific programs:
1. All areas zoned or unzoned for commercial or industrial use shall be converted to underground facilities within fifteen (15) years from the date of this chapter subject to a ten (10) year extension by the city, whereby in the city’s judgment, its financial situation prohibits the city from participating to the degree implied by this chapter.
2. Conversion to underground of existing aerial facilities shall be accomplished in an orderly manner and in conjunction with the city’s street widening and environmental improvement program.
F. Street lighting facilities or systems conforming to current standards of the department of public works shall be installed as an integral part of all undergrounding projects constructed.
G. 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.
H. The owners of real property abutting an underground project shall be responsible at their expense for converting to underground service and disconnecting their aerial services within ninety (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 or delivered in person. If the conversion and disconnection is not accomplished within ninety (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.
I. Plans for all aboveground installations shall be submitted to the planning department for approval of site screening and setbacks prior to the issuance of a service permit by the department of public works.
J. Project drawing in form and scale conforming to generally accepted engineering practices, shall be submitted in duplicate to the department of public works within ninety (90) days of the completion of any underground project within the city.
(Ord. No. 1695, § 3; Ord. No. 2367, § 1. Formerly Code 1986, § 7.10.030)
7.10.040 Cable television conduit.
A. When a developer and/or landowner extends sewer or water utility mains to serve a residential development or building site, cable television conduits shall be laid underground at the same time as those other utilities. This will include only the conduits that are to be installed between the curb lines within any city street.
B. This section will preclude the necessity for disturbing streets, sidewalks and alleyways when cable television service connections are extended to serve any residential development or building site.
C. All conduits shall be installed according to cable television specifications and with the approval of the director of public works or his designee.
(Ord. No. 2376, § 1; Ord. No. 3694, § 1, 6-1-04. Formerly Code 1986, § 7.10.040)
7.10.050 Permits.
A. A permit for underground construction will be obtained from the department of public works prior to construction of 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.
B. Where pole line installations are permitted under the variance procedures of KCC 7.10.070 or minor new additions or temporary aerial facilities under this chapter, a permit shall be obtained from the department of public works 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. 1695, § 4. Formerly Code 1986, § 7.10.050)
7.10.060 Design standards.
A. 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 International Building Code, the International Residential Code, or other applicable building codes, as adopted and amended in Ch. 14.01 KCC. All underground facilities provided for in this section shall be installed in such manner as to coordinate with other underground facilities, e.g., water, sewer, and gas pipeline, 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.
B. All vaults, handholes, ventilation gratings, and access covers and conduits in public rights-of-way shall be strong enough to withstand a ten (10) thousand pound wheel load. The serving utility may, at its option, elect to restrict a ten (10) thousand pound wheel load requirement while assuming the responsibility for upgrading facilities to traveled street areas beyond the original traveled street area should subsequent widening occur.
C. Any equipment excepted from those underground requirements or otherwise permitted to be installed above ground shall be:
1. Placed within an enclosure or part of the building being served; or
2. 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 (5) years, to form an effective sight barrier.
D. The utility shall be responsible for the installation, maintenance, repair, or replacement of the aforementioned materials when the real property, on which the aboveground facility is located, is owned by the utility. When aboveground facility is located on nonutility owned real property, the owner shall bear the expense of installation, maintenance, repair, or replacement of screening materials outlined in this section.
E. Space frames and structural arrangements for holding equipment shall be designed to have an uncluttered and neat appearance.
F. Streets shall be graded to subgrade prior to the installation of underground facilities.
(Ord. No. 1695, § 5; Ord. No. 3690, § 8, 5-4-04. Formerly Code 1986, § 7.10.060)
7.10.070 Variance procedures.
A. All applications for variances from the foregoing underground requirements shall first be filed with the department of public works. If the department shall deny such variance request, the applicant shall have the right to appeal such ruling to the city council or its designated subcommittee. If the variance is denied by the city council or its designated subcommittee, the applicant shall have the right to appeal such ruling to the hearing examiner, subject to all rules and regulations of the hearing examiner.
B. Underground requirements shall be waived by a variance only if the owner of electrical or communication facilities, 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:
1. There is a technological difficulty associated with such facilities or with the real property involved;
2. The cost of the underground construction outweighs the general welfare consideration in requiring underground construction; or
3. The growth pattern in the geographical area has not been sufficiently established to determine the ultimate service requirements or major service routes.
(Ord. No. 1695, § 6. Formerly Code 1986, § 7.10.070)
7.10.080 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. 1695, § 6. Formerly Code 1986, § 7.10.080)
7.10.090 Metal stays or guys boxed.
All bars, rods, wires, cables, or other metal devices anchored in any public street, alley, or other public place in the city and used as stays or guys for holding telegraph, telephone, electric light, or other poles for supporting electric wires or cables carrying electric current or intended to carry electric current shall be cased or boxed or covered with a good substantial boxing or casing of wood or metal to a perpendicular height of at least eight (8) feet from the surface of the ground or street where such stay or guy is anchored.
(Formerly Code 1986, § 7.10.110)
7.10.100 Enforcement.
The director of public works or his designated representative shall be responsible for the investigation of violations.
(Ord. No. 1695, § 9. Formerly Code 1986, § 7.10.100)
7.10.110 Penalties.
A. Any person convicted of violating any of the provisions of this chapter shall be punished by a fine not to exceed five hundred dollars ($500) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment.
B. Failure or refusal of any company operating telephone, telegraph or electric lighting plants in the city to comply with the provisions of KCC 7.10.090 shall be sufficient reason for revoking any franchise such company may have in the street or alley where such stay or guy is permitted to remain unboxed or uncased, after a reasonable notice to box or case the same.
(Ord. No. 1695, § 9. Formerly Code 1986, §§ 7.10.090, 7.10.120)