Note: Prior ordinance history: Ord. 84 and Ord. 100 § 105.
Except as provided in this chapter, all electrical distribution
lines, telephone, cable antenna television and similar service wires
or cables which: (A) provide direct service to the property being
developed; or (B) are existing and located within the boundaries of
the property being developed; or (C) are existing between the property
line and the centerline of the peripheral streets of the property
being developed; or (D) are located along or within six feet of the
rear or side lot lines of the property to be developed; or (E) are
within the existing or required right-of-way for a project; or (F)
are relocated as a result of a project; shall, at the discretion of
the city, be installed underground. The city retains the discretion
to impose these undergrounding requirements by either levying a fee
or license tax on all new development, to cover the cost of city-wide
undergrounding of utilities attributable to new development; or requiring,
as a condition imposed on new development, undergrounding of adjacent
utility lines subject to any applicable development fee or license
tax credits and reimbursements.
(Ord. 132 § 1, 1977; Ord. 371 § 1, 1986; Ord. 500 § 1, 1991; Ord. 580 § 1 Exh. A, 1993)
The following exceptions shall apply:
A.
If
the city determines that a required adjacent street widening is impeded
by existing overhead utility lines the developer has the option of:
(1) installing the utilities underground, subject to any applicable
development fee or license tax credits and reimbursements by the city;
or (2) temporarily moving utility poles and overhead lines. If utility
poles are moved to accommodate a street widening, the undergrounding
requirement is deferred to a later date and the cost of utility line
relocation shall be borne by the development project in addition to
the subsequent payment of development fees or license tax on new construction.
B.
Utility
service poles may be placed in the area within six feet of the rear
lot line of the property to be developed for the sole purpose of terminating
underground facilities.
C.
Temporary
utilities along the necessary service poles, wires, and cables may
be permitted for the period during which authorized construction is
continuing for which valid building permits have been issued or for
temporary uses which comply with requirements of the zoning ordinance,
building code and other applicable regulations.
D.
Appurtenances
and associated equipment including, but not limited to, surface-mounted
transformers, pedestal-mounted terminal boxes and meter cabinets,
and concealed ducts in an underground system, may be placed aboveground.
(Ord. 132 § 2, 1977; Ord. 580 § 1 Exh. A, 1993)
The developer or owner is responsible for complying with the
requirements of this chapter and, when necessary, shall make all necessary
arrangements with the utility company for the installation of such
facilities.
(Ord. 132 § 4, 1977; Ord. 500 § 3, 1991)
Buildings and structures which are nonconforming in regard to
aboveground on-site utility lines may continue to be used. However,
when such buildings or structures are enlarged or when alteration
or enlargement requires the installation of utility lines at new locations
on the building or structure, or when existing electrical capacity
to such buildings or structures is increased, or when the building
is improved in an amount more than ten percent of its then fair market
value, compliance with the requirements of this chapter is required.
(Ord. 132 § 5, 1977; Ord. 371 § 3, 1986; Ord. 500 § 4, 1991)
