This chapter governs the installation of power, telecommunications, and cable television facilities. The city of Port Orchard hereby states a long-range goal that all electrical distribution and telecommunications lines shall be underground, with only transformers, switchgear, splice pedestals and similar facilities extending above grade. It is found and determined that the health and safety, particularly of the traveling public, and the general welfare of the residents of the city require that all such existing overhead facilities be relocated underground as soon as practicable in accordance with the requirements specified in this chapter and any applicable rates and tariffs on file with the WUTC.
The city of Port Orchard commits to convert existing overhead power distribution, telecommunications, and cable television facilities to underground as an integral part of construction of any final street improvements. Private developers shall also convert overhead utilities to underground in accordance with this chapter, wherever such development involves the construction of related street improvements. Exceptions and deferral provisions in this chapter are intended to provide for the safe and efficient operation, maintenance, and repair of existing overhead utility systems; for the cost-effective development of small sites; and for the conversion of overhead utilities to underground in an orderly manner.
(Ord. 019-07 § 1; Ord. 030-08 § 2)
(1) 
"Electric utility"
means any publicly or privately owned utility engaged in the business of furnishing electric energy to the public and includes electrical companies as defined by RCW 80.04.010 and public utility districts.
(2) 
"Facilities"
means lines, conduits, ducts, poles, wires, cables, cross-arms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices and apparatus used, operated, owned or controlled by any telecommunications company to facilitate the provision of telecommunications service.
(3) 
"Telecommunications"
is the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.
(4) 
"Telecommunication utility"
means any utility engaged in the business of affording telecommunications such as telephonic, telegraphic, cable television or other communication service to the public and includes telephone companies and telegraph companies as defined by RCW 80.04.010.
(5) 
"Rebuilds"
and/or "replacement" means the placement or replacement of overhead facilities for a distance of three or more spans (four poles) or 500 feet exclusive of replacements due to casualty damage.
(6) 
"Relocation"
means removal of existing facilities with subsequent reinstallation at an adjacent location, generally necessitated by roadway improvements or widening projects.
(7) 
"Utilities"
means power, telecommunications, and cable television facilities.
(Ord. 019-07 § 1; Ord. 030-08 § 3)
All electric and telecommunications utility wires rebuilt/replaced or relocated from an overhead or underground facility shall be installed underground from and after the effective date of the ordinance codified in this chapter, except: (1) those services which only involve a change in the overhead service line without a change in the corresponding service entrance facilities; and (2) rebuilding or enlarging services feeding overhead to existing single-family residences.
(Ord. 019-07 § 1)
All new electric and telecommunications utility wires shall be installed underground, at no expense to the city, unless an exception is granted pursuant to the provisions of POMC § 12.16.050 and § 12.16.060. "New utility wires" shall not include the replacement of existing wires nor shall it include wires carrying more than 50,000 volts.
(Ord. 019-07 § 1)
A new overhead electric and telecommunications utility line may be installed overhead only as a replacement to an existing overhead service line. Such replacement lines may be of larger capacity, phasing, voltage, circuit count, or diameter, but may not increase the total number of distinct lines or bundles of lines between the utility pole and customer.
(Ord. 019-07 § 1)
The public works director may grant an exception to the requirement that new utility wires be installed underground to a utility franchisee or licensee if the following conditions are satisfied:
(1) 
The applicant is a utility franchisee or licensee in good standing;
(2) 
A complete application is received, including the applicable fee set forth in the city's fee schedule; and
(3) 
One of the following conditions is met:
(a) 
No new poles will be installed unless an existing pole is removed for each proposed new pole (i.e., the net number of poles shall not increase);
(b) 
It is physically impractical to place the new utility wires underground due to topographic constraints such as unstable or steep slopes, wetlands, or other physical impediments;
(c) 
The existing overhead line, or a portion of the line, is being converted to underground and a pole for transition from overhead to underground may be necessary, along with appropriate guy poles and guying;
(d) 
A transition pole is required to serve a new development and the surrounding poles do not have adequate space for additional equipment;
(e) 
Adequate easements or property could not be reasonably obtained to install underground equipment;
(f) 
It is technically impractical to place wires underground due to serious electrical system and/or public safety concerns, such as: main feeder lines; installation of overhead switching devices; line sections less than 1,000 feet in length; close proximity to gas lines, petroleum lines, or high- capacity fiber optic cable; or hazardous soil conditions; or
(g) 
The existing telecommunications incumbent is presently overhead in the proposed construction area, and the proposed telecommunications system is an integral part of the electrical delivery system.
(Ord. 019-07 § 1; Ord. 030-08 § 4)
The public works director may grant deferral of undergrounding new electric or telecommunications utility wires to a property owner if all the following conditions are met:
(1) 
A complete application is received, including the applicable fee set forth in the city's fee schedule;
(2) 
No new poles will be allowed unless an existing pole is removed for each proposed new pole (i.e., the net number of poles shall not increase);
(3) 
The deferral applies only to distribution lines or secondary lines between distribution poles; new service lines shall be installed underground unless it is physically impractical to place the new utility wires underground due to topographic constraints such as unstable or steep slopes, wetlands, or other physical impediments;
(4) 
The total length of the line subject to the proposed deferral is less than 300 feet;
(5) 
Underground conduits are installed in the area where the deferral is granted suitable for anticipated future underground lines;
(6) 
Cost estimates prepared by the utility companies are submitted demonstrating that the cost of converting overhead lines to underground lines exceeds 50 percent of the unimproved land value of the site, as determined by the Kitsap County assessor; and
(7) 
A binding and assignable covenant is recorded against the property, committing the property owner to:
(a) 
Participate in any local improvement district formed for the conversion of those overhead utilities fronting on and within 300 feet of the subject property; and
(b) 
Accept a lien, filed at the city's option, against the property to fully reimburse the city if overhead lines fronting on the subject property are converted to underground at city expense.
(Ord. 019-07 § 1)
Span wire traffic signal and overhead warning light systems may be used only for interim street improvements and only where final improvements are included in the city's transportation plan, for municipal construction, or in a later phase of project construction, for private development. Mast arms shall be used for traffic signals and warning lights installed with final street improvement projects.
(Ord. 019-07 § 1)
(1) 
A permit for work in the public right-of-way for undergrounding work shall be acquired by the utility from the public works department prior to proceeding with construction of facilities in the public right-of-way, or within easements for public facilities, or public property. The fee for and terms for such permit for any undergrounding shall be pursuant to the city's approved fee schedule.
(2) 
Whenever above-grade pole line installations are permitted as either an exception under POMC § 12.16.050 and § 12.16.060 or a deferral under POMC § 12.16.070, a permit shall be acquired by the utility from the city's public works department prior to proceeding with construction of such facilities in the public right-of-way, or within easements for public facilities, or public property. The fee for and terms of such permit shall be pursuant to the city's approved fee schedule.
(Ord. 019-07 § 1)
(1) 
All conductors, switches, transformers, regulating devices, poles, brackets, and vaults shall be installed in accordance with applicable national, state and local safety standards. All other structural devices shall be designed in accordance with the provisions of the International Building Code adopted by the city, and all other applicable ordinances and regulations of the city as its building code.
(2) 
Installation.
(a) 
All underground facilities provided for herein shall be installed in such manner as to be coordinated with underground water, sewer, and gas pipelines, and with 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 govern and be controlling.
(b) 
For streets and sidewalks constructed with permeable materials, utilities shall maintain a minimum of one-foot separation from the bottom of the permeable storage section.
(3) 
Subject to any applicable rates and tariffs, all vaults, manholes, ventilation gratings, and access covers and conduits in public rights-of-way shall be strong enough to withstand 10,000 pounds wheel load. The utility may, at its option, elect not to comply with the said wheel load requirement as to such facilities not on the traveled portion of the street; providing, however, that the utility shall be responsible for upgrading of the said facilities in the event of widening of the traveled portion of the street.
(4) 
Any equipment and facilities excepted from underground requirements or otherwise permitted to be installed aboveground except for poles, pole-mounted equipment, and aerial lines shall be:
(a) 
Placed within an enclosure or within the building or structure being served, or be suitably screened in accordance with the landscape requirements of the city code.
(b) 
The utility shall be responsible for the installation, maintenance, repair, and replacement of the sight screening materials and barrier when the real property on which the aboveground facility is located is owned by the utility.
(c) 
When the aboveground facility is located on real property not owned by the utility, the owner of such real property shall be responsible for the installation, maintenance, repair, and replacement of the aforementioned screening materials and sight barrier.
(5) 
Space frames and structural arrangements for holding equipment or facilities shall be designed to have an uncluttered and neat appearance.
(6) 
Streets shall be excavated to subgrade prior to the installation of underground facilities as determined by the city's public works department.
(Ord. 019-07 § 1; Ord. 030-08 § 6; Ord. 043-16 § 3)
In requiring undergrounding of electric and telecommunications facilities, it is the city's intent to authorize and encourage establishment of joint or common trenches, as follows:
(1) 
Subject to any applicable rates and tariffs, utilization of a single trench where feasible by all utilities and rights-of-way franchise holders is hereby encouraged and shall be required wherever feasible. Upon application for an underground right-of-way use permit, the city's public works department shall determine whether other utilities and franchise holders have applied, or may be likely to apply on a timely basis, for undergrounding along the same right-of-way and whether the permit, if issued, should require joint use of a common trench. If at the time of application for an underground permit it does not appear that all utilities involved in the undergrounding project have made appropriate arrangements for the use of the common trenches, the public works department may delay the issuance of such permit until all utilities involved in such relocation shall have been given the opportunity to be heard upon two weeks' notice.
(2) 
Where new structures require underground services extending into or across the public right-of-way to existing overhead distribution systems for connection, it shall be the responsibility of the property owner, owner's agent or other persons applying for such underground service from a power, telecommunications, or cable television utility to provide adequate provisions and capacity for joint usage in a trench with conduit or other required facilities for present and future service extensions to the structure. The utility, property owner, owner's agent, or other person applying for the permit shall notify all other utilities as to the availability of a common trench (for example, natural gas). The issuance of a permit may be delayed until all utilities involved in a street crossing for underground service connection to a structure have been given the opportunity to be heard upon two weeks' notice.
(3) 
Subject to any applicable rates and tariffs, whenever a power, telecommunications, or cable television facility, including but not limited to electrical power, telephone, telegraph, cable television, and fiber optics, is required to be placed underground in a joint trench, then the costs of excavation and fill and also the costs of conduit, cable, vaults, and other appurtenant facilities shall be borne on an equal basis, or as agreed, by the utilities, franchise holders, or others participating in the undergrounding project.
(Ord. 019-07 § 1; Ord. 030-08 § 7)
(1) 
Any violation of the provisions of this chapter, or any amendments thereto, by any individual or entity shall constitute a civil infraction and any individual or entity committing such infraction shall be subject to a civil penalty not exceeding $1,000 for each violation and for each day upon which any such violation shall continue. The public works director, or designee, shall be responsible for investigation of violations and for enforcement of the provisions of this chapter.
(2) 
To the extent a franchise agreement exists between the city and a utility provider, and to the extent the franchise agreement contains provisions regarding enforcement that encompass the provisions of this chapter, said enforcement provisions of the franchise agreement shall control.
(Ord. 019-07 § 1; Ord. 030-08 § 8)
(1) 
The following are designated as utility corridors within the city of Port Orchard. All utilities installed pursuant to this section shall be located within these designated corridors:
(a) 
For properties north of Bay Street within the central downtown overlay district, as described in POMC Title 20, all utilities shall be located within the city right-of-way fronting those properties.
(b) 
For properties abutting the south side of Bay Street within the central downtown overlay district, as described in POMC Title 20, and which are west of Sidney Avenue, all utilities shall be located within the city right-of-way along the north side of Prospect Street.
(c) 
For properties abutting the south side of Bay Street within the central downtown overlay district, as described in POMC Title 20, and which are east of Sidney Avenue, all utilities shall be located within the city right-of-way along the north side of Prospect Alley.
(2) 
The location of utilities without a designated utility corridor shall be as directed by the public works director.
(3) 
The public works director may waive the requirements for installation within a designated utility corridor if the applicant establishes to the satisfaction of the public works director that such installation constitutes a hazard to persons or property.
(Ord. 030-08 § 9; Ord. 019-17 § 17)
Within the downtown overlay district, as described in POMC Title 20, all transformers, pedestals, vaults and/or handholds shall be installed in such a manner as to avoid being visible or hazardous to the public and shall be either installed underground or inside a building, per utility standards established by the utility provider. A design plan shall be prepared and presented to the director of public works who shall have the authority to approve the location of transformers in accordance with this section.
(Ord. 030-08 § 10; Ord. 019-17 § 17)
The cost and expense of converting existing overhead facilities to underground, installing new facilities underground, and connecting said facilities to buildings, residences and other structures, shall be borne by the serving utilities, the owners or occupants of the real property served, persons applying for such underground service, and/or the city when applicable. The cost for such service shall be in accordance with the applicable tariff files with the WUTC, the rules, regulations, and published policies of the respective utilities furnishing such service, or as may be contractually agreed upon between the utility and such owner or applicant.
(Ord. 030-08 § 11)