[Ord. No. 1728 §II, 11-20-2007]
A.
Every
public utility, cable company, video service provider and other users
of the City rights-of-way or easements to provide services shall comply
with the regulations in this Chapter regarding the placement of accessory
utility facilities on public or private property.
B.
For purposes
of this Chapter, "accessory utility facilities" (or "facilities") shall mean such facilities, including pedestals,
boxes, vaults, cabinets or other ground-mounted or below-ground facilities,
including associated conduits, cables and/or lines, that directly
serve the local area or property in which the facility is placed,
are not primarily for transmission or distribution to other locations,
do not materially alter the character of the neighborhood or area,
and otherwise are customarily found in such areas.
C.
Any construction,
erection, installation and/or placement of accessory utility facilities
within the City shall be subject to the following regulations:
1.
Approval — design — location — application. The design, location and nature of all accessory utility facilities
on private or public property shall require approval of the City,
which approval shall be considered in a non-discriminatory manner,
in conformance with this Chapter and subject to reasonable permit
conditions as may be necessary to meet the requirements of this Chapter.
To that end, prior to any construction, excavation or other work on
any accessory utility facility, the facility owner shall make application
to the City and attach detailed plans for the City's review and approval.
Any material changes or extensions to such facilities or the construction
of any additional structures shall be subject to the requirements
and approvals as set forth herein.
In considering individual or multiple location applications,
the City shall review the request to ensure the proposed facilities
do not impair public safety, harm property values or significant sight
lines, or degrade the aesthetics of the adjoining properties or neighborhood,
considering all reasonable alternatives. Unless otherwise prohibited,
utility facilities subject to this Subsection may be located in minimum
setback areas provided that all other requirements are met. To the
extent permitted by Section 67.2707.3, RSMo., the time, method, manner
or location of facilities to be located in the rights-of-way may be
established or conditioned by the City to protect the rights-of-way
or to ensure public safety. An inspection fee shall be required as
may be established by the City to reimburse the City for the costs
of review and inspection of accessory utility facilities as may be
permitted by applicable law.
2.
General regulations. The following general regulations apply
to all accessory utility facilities:
b.
Noise. All such facilities shall be constructed and maintained
in such a manner so as not to emit any unnecessary or intrusive noise.
c.
Abandoned boxes. All facilities and utility boxes shall
be deemed abandoned after six (6) continuous months of non-use and
shall therefore be removed within thirty (30) days thereafter at the
cost of the utility.
d.
Utility poles. Unless otherwise restricted, utility poles
for authorized above ground lines or facilities shall be permitted
up to forty-five (45) feet in height where utilities are not otherwise
required to be placed underground; provided that such poles shall
be no higher than necessary, maintained so as to avoid leaning from
upright position, and without use of guy wires crossing rights-of-way
or pedestrian routes except where approved by the City as necessary
due to the lack of feasible alternatives.
e.
Historic areas. Utility facilities placed in any designated
historic areas may be subject to additional requirements regarding
the placement and appearance of facilities as may be necessary to
reasonably avoid or reduce any negative impact of such placement.
f.
Damage. Any damage to landscaping or vegetation on private
or public property during installation or maintenance of facilities
shall be promptly remedied by the facility owner. The facility owner
shall replace all plantings damaged by the work with like plantings
and shall replace all damaged grass areas with sod of the same type
of grass as was damaged.
g.
Private property, notice. At least forty-eight (48) hours
prior to any installation, replacement or expansion of any facility
located on private property, the facility owner shall provide notice
to the City and all property owners within one hundred eighty-five
(185) feet from the site. Notice shall include detailed description
of work to be done, the exact location of work and the time and duration
when it will be undertaken.
h.
No interference. No facilities may be located so as to interfere,
or be likely to interfere, with any public facilities or use of public
property.
i.
Other facilities. All utility facilities not authorized
under this Subsection or specifically addressed elsewhere in this
Code shall be authorized only by the Board of Aldermen pursuant to
an ordinance granting a special accessory facilities permit for such
facilities.
3.
Residential areas. In residential districts and rights-of-way
adjacent thereto, accessory utility facilities less than three (3)
feet in height and covering less than six (6) square feet in area
may be installed above ground with the prior approval of the City.
Except as otherwise may be authorized herein, any larger utility facility
shall be installed underground or authorized to be installed above
ground only by a special accessory facilities permit authorized by
the Board of Aldermen by ordinance. All above ground facilities, where
authorized, shall be placed in the rear yard wherever practical. If
locating these facilities in the rear yard is not practical, then
such facilities may be located in the side yard. Such facilities shall
not be located in the front yard or within the public right-of-way
unless otherwise approved by the City upon a determination that all
other alternatives are not feasible.
4.
Non-residential areas. In non-residential districts and
rights-of-way adjacent thereto, accessory utility facilities with
a height of less than five (5) feet and covering less than sixteen
(16) square feet in area may be installed above ground with the prior
approval of the City. Except as otherwise may be authorized herein,
any larger utility facility shall be installed underground or authorized
to be installed above ground only by special accessory facilities
permit after a hearing before the Board of Aldermen. All above ground
facilities, where authorized, shall be placed in the rear yard wherever
practical. If locating these facilities in the rear yard is not practical,
then such facilities may be located in the side yard. Such facilities
shall not be located in the front yard or within the public right-of-way
unless otherwise approved by the City upon a determination that all
other alternatives are not feasible.
5.
Landscape screening. A sightproof landscape screen shall
be provided for all authorized above ground facilities in excess of
two (2) square feet in size. Such screen shall be required to sufficiently
conceal the facility. A landscape plan identifying the size and species
of landscaping materials shall be submitted by the utility and approved
by the City prior to installation of any facility requiring landscape
screening. The utility shall be responsible for the installation,
repair or replacement of screening materials. Alternative screening
or concealment may be approved by the City to the extent it meets
or exceeds the purposes of these requirements. Facilities located
in rear yards may be exempted from screening where located so as not
to be visible from:
D.
Compliance With Other Laws. All accessory utility facilities
shall be subject to all other applicable regulations and standards
as established as part of the Code including, but not limited to,
building codes, zoning requirements and rights-of-way management regulations
in addition to the regulations herein. The provisions of this Section
shall not apply to any circumstance or entity in which application
under such circumstances is pre-empted or otherwise precluded by superseding
law.
