The Council of the City finds that it is necessary and in the
interest of the public's health, safety, welfare and convenience to
require the undergrounding of all utilities located within the City
limits of Yachats, and to establish rules, regulations and standards
to control and regulate the use by public utilities and other persons
of the public streets, alleys, easements or other city property within
the corporate limits of the City.
The Council of the City further finds that it is necessary to
regulate the placement of utilities under-ground within the corporate
limits of the City to protect the traveling public and to prevent
damage to the public streets, curbs, sidewalks, driveway aprons, curb
returns, landscaping and other improvements located on public rights-of-way
and easements.
This chapter shall be referred to as the "underground utilities
ordinance.
(Ord. 158 § 1, 1992)
As used in this chapter, the following words and phrases shall
have the meanings herein ascribed to them:
means all utility poles, overhead wires and associated overhead
structures. However, the following may be placed above ground if the
City finds that the placement above ground does not endanger the public's
health, safety, welfare and convenience:
Equipment appurtenant to underground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes, and meter cabinets
and concealed ducts. Also, fire alarms, street lights, traffic control
signals, and poles used exclusively for such municipal services which
are served from an underground source of supply;
Temporary poles, overhead wires, and associated overhead structures
used or to be used in conjunction with construction projects;
High voltage capacity electric and communicative feeder lines,
and utility transmission lines operating at 50,000 volts or above
including, but not limited to, electric power service, telephone or
telegraph communication service or lighting service.
means every natural person, firm, copartnership, public utility,
association, public or private corporation, or district.
means and refers to all individuals, partnerships, corporations,
cooperatives or other associations, and all other legal entities installing,
owning, operating, maintaining electric power service trans-mission
and distribution systems, and communication systems by means of poles,
conduits, wires, cables and other equipment, including, but not limited
to, any electric service, telephone or telegraph communication service
or cable amplified television service (CATV); any facilities for the
distribution and collection of storm-water, and control of sanitation,
including, but not limited to, sanitary sewers, storm drains, and
water lines, all of the above to be used in upon, over and under the
streets, avenues and alleys located within the corporate limits of
the City.
means an area specifically delineated and constructed for
pedestrian use located behind a curb but within public right-of-way
or easements.
means any street, highway, avenue, boulevard, alley or lane
which is now, or may hereafter be, open or dedicated to public use
of vehicular or pedestrian traffic between the right-of-way lines.
(Ord. 158 § 2, 1992)
All new development within the City shall have underground utilities,
and will include the following:
A.
All
new residential subdivision properties, commercial and industrial
properties, either within the City or being proposed for annexation;
B.
New
homes, multiplexes, apartments, condominiums, mobile homes, modulars;
C.
All
commercial, industrial and public buildings;
D.
All
existing lots in areas currently being served by overhead facilities
shall have an underground service.
(Ord. 158 § 3, 1992)
A.
It is
unlawful for any public utility or person to install or construct
in any manner any under-ground utility within the corporate limits
of the City without first obtaining the permits required by the county,
state or federal government.
B.
Any
overhead installations authorized by this chapter shall not be installed
or constructed in any manner without first obtaining the permits required
by the county, state or federal government.
C.
It is
unlawful for any public utility or person to cut upon or within, break,
dig up, damage in any manner, undermine, bore, jack, jet, plow or
tunnel under any public street, public alley or other city property
without first notifying the City.
(Ord. 158 § 4, 1992)
A.
The
notice of placement of underground utilities shall be accompanied
by an agreement to promptly repave and repair, or restore to acceptable
standards any of the streets or portions thereof which are disturbed
or undermined as a result of the placement underground.
B.
Upon
the installation and completion of the work the person performing
the installation shall restore the surface of all pavement and foundation
thereof which were disturbed or undermined in as good order and condition
as they were prior to installation, in accordance with the City engineering
manual and under the supervision of the Director of public works or
designated representative.
(Ord. 158 § 5, 1992)
A.
The
person performing the installation of underground utilities must notify
the City to determine compliance with the requirements of this chapter.
The person performing the installation shall not be relieved of obligations
under any performance or cash bond posted pursuant to the provisions
hereof until the work is accepted as being in accordance with the
City's engineering manual and has been accepted by the Director of
public works or designated representative. For projects over $50,000
the City may require coverage of bonding by sub-contractors used for
the installation. The City may require changes in the approved plans
if unusual conditions arise during the construction which warrant
such changes in the public interest.
B.
The
installer or person shall further remain obligated through a time
period which may be required by the City, via a maintenance bond,
but not exceeding one year from the date of acceptance of the work.
C.
If at
any time the City administrator or designated representative shall
determine that any permittee has not complied with the provisions
of this chapter, in performing construction work, it shall be his
or her duty, and he or she shall have the authority to order such
person, in writing, to make such changes in such construction as may
be needed to cause such construction to comply with this chapter.
(Ord. 158 § 6, 1992)
When immediate repairs to an existing underground or overhead
installation become necessary as the result of an emergency or accident
involving public hazard, or interruption of service to subscribers
or customers, the repairs may be started or made without a permit.
In such case, a report of the circumstances showing the emergency
shall be made promptly to the Director of public works or designated
representative.
(Ord. 158 § 7, 1992)
A.
A person
who places an obstruction in a street or alley or makes an excavation
shall properly safeguard it by warning signs and/or substantial barricades
and shall display amber flasher, other lights or flares from dusk
until dawn, and shall take all reasonable precautions to prevent injury
to the public and to the City during the work.
B.
The
person who is performing the installation shall be responsible for
furnishing adequate supervision for the purpose of public safety.
This supervision shall include, but is not limited, ensuring that
all warning signs and barricades are in proper condition and location,
all warning lights are burning, and all traffic is properly routed
around the barricades. The Director of public works or designated
representative may require that the installer provide constant supervision
of the site.
C.
All
traffic control measures shall be in compliance with Part VI of the
Manual of Uniform Traffic Control Devices.
(Ord. 158 § 8, 1992)
Whenever the City determines that it would be in the best interest
of the City to have the City replace or repair excavation and backfill,
street surface or pavement cut, damaged, tunneled under or undermined
by an installer, such work shall be done by the City and the cost
of the work shall be charged to the installer or deducted from a security
deposited with the City by the installer.
(Ord. 158 § 9, 1992)
A.
The
Public Works & Streets Commission, the Director of Public Works,
and any other members the City Council deems necessary shall serve
as the Overhead Utilities Conversion Committee and shall work with
representatives from the utility companies to arrive at a plan for
the conversion of existing overhead utilities. Such conversion plan
shall direct the undergrounding of all overhead facilities, including
non-utility television cable infrastructure, within a reasonable period
of time.
B.
The
committee shall present a conversion plan, which has been agreed upon
by the committee and each of the utilities and television cable companies,
to the City Council for approval
C.
Each
franchise agreement in effect between the City and franchisees shall
be amended to incorporate the appropriate provisions approved in B.,
above.
D.
Until
such time as a conversion plan has been approved as set forth in B.,
above, the following provision shall be in effect:
1.
All
overhead utility facilities, except those authorized by Section 8.16.020(A),
shall be converted to underground facilities when the useful life
of the overhead facilities, as determined by the public utility or
person, is completed. The public utility or person shall notify the
City as soon as practicable that the useful life of their overhead
utility facilities is completed prior to the conversion underground.
It is unlawful for any public utility or person to erect, construct,
use or maintain any poles, overhead line or associated overhead structure
within the City after said date.
2.
When
any existing overhead facility is converted for purposes of it being
undergrounded, such replacement shall be in conformance with this
chapter.
(Ord. 270, Amended, 02/12/2007)
Any franchise granted by the City by ordinance to any person
or public utility either prior to the enactment of the ordinance codified
in this chapter or thereafter, shall be performed in compliance with
said ordinance unless the franchise is either more stringent or provides
requirements not made a part of this chapter.
(Ord. 158 § 11, 1992)
Any underground utility and service facilities required by the
City land use code shall be installed and constructed in compliance
with this chapter unless the code is either more stringent or provides
requirements not made a part of this chapter.
(Ord. 158 § 12, 1992)
The requirements of this chapter shall apply to all public rights-of-way
and easements under the jurisdiction of the City within the City limits
including any county or state public right-of-way pursuant to an agreement
between the City and Lincoln County or the Oregon Department of Transportation.
If there is no agreement with the state or county, the City shall
continue to maintain jurisdiction over any state or county highway
located within the City limits for the purpose of regulating the manner
of construction and installation as required by this chapter.
(Ord. 158 § 13, 1992)
A.
No provisions
of this chapter shall constitute or be construed as granting or permitting
the use of streets in the City by any public utility or person which
does not have a franchise from the City.
B.
This
chapter shall not be construed as a waiver or relinquishment by the
City of any of its powers or privileges provided by law, franchise
or contract.
(Ord. 158 § 15, 1992)
A.
Any person who violates any provisions of this chapter commits a Class C civil infraction and shall be subject to the procedures and penalties of Chapter 1.12, as now constituted or hereafter amended, revised or repealed.
B.
Insofar
as it shall be permitted by law, the City may enforce any of the provisions
of this chapter in a civil action or suit brought against the public
utility or person, or any of its officers, agents or employees.
C.
If at
any time during the performance of work by the public utility or person,
the City determines that the work is not being performed in compliance
with this chapter, the City may issue a stop work order to the public
utility or person or their representative. If a stop work order is
issued, no further work shall be performed by the public utility or
person until compliance is achieved.
(Ord. 158 § 14, 1992; Ord. 185 § 5, 1996)
