12.30.220 Location of equipment.
(a) Undergrounding. Unless otherwise permitted by an existing franchise, new utility construction undertaken by a registrant shall be installed underground or contained within buildings or other structures in conformity with applicable codes. Further, notwithstanding the foregoing, the requirement for underground utility location in the City shall be subject to the following exceptions:
(1) Temporary Exceptions. The Public Works Director, or his or her designee, may grant a temporary exception to erect, construct, install or maintain poles, wires and other overhead structures for electrical power or communication service which is reasonably required for emergencies or for building construction purposes. The temporary exception may be granted for a period not to exceed 120 days. However, in the event the purpose for which the temporary exception referred to herein granted has not been remedied or the construction cannot be completed within the period herein provided, one additional 120-day temporary period may be granted to avoid undue hardship.
(2) Permanent Exceptions. The requirement for underground utility location shall not apply to any of the following:
(i) Three phase primary electric distribution or transmission lines with capacities of 12 kilovolts or greater that provide a primary electric source between substations or service areas and/or are utilized to transfer load to support the electric system which do not traverse a building site or subdivision which is subject to the underground utility location requirement except which are necessary to provide service thereto.
(ii) Poles, overhead wires, and associated overhead structures, for single phase electric distribution or transmission lines when part of an existing line originates in an area outside a building site or subdivision which is subject to the underground utility location requirement.
(iii) The replacement of poles, overhead wires and associated overhead structures for single or three phase electric distribution or transmission lines as permitted in the aforementioned exceptions when necessary for the purpose of maintaining, altering, or upgrading the lines or service.
(iv) In-fill housing shall not be subject to the underground utility location requirement if the subdivision in which the in-fill housing is to be located is served by overhead utilities.
(v) Radio and television antennas.
(vi) Poles used exclusively for street or area lighting or for traffic control facilities.
(vii) Electric substations and the accompanying equipment and apparatus necessary to provide adequate electric service to those persons located within a building site or subdivision which is subject to the underground utility location requirement or in the surrounding area.
(viii) The Public Works Director and Planning Director or their designees may jointly grant an exception from the underground utility location requirement to allow for construction of a residential or commercial structure. In granting such an exception, the following factors shall be considered:
(A) Whether a plat has been recorded.
(B) Percentage of adjacent homes constructed with aboveground utilities.
(C) Location of existing aboveground utilities.
(D) Location of roads or streets.
(E) Location of natural watercourses.
(F) Subsurface geological conditions.
(G) Topographical conditions.
(H) Excessive financial burden.
(b) Installation. Installation of necessary control equipment and line marker signs as required by City, State, and Federal codes may be installed above ground.
(c) Corridors, Location of Utilities. The Public Works Director or his or her designee may assign specific corridors or locations within the right-of-way, or any particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current technology, the Public Works Director or his or her designee expects will someday be located within the right-of-way. All excavation or other permits issued by the Public Works Director or his or her designee involving the installation or replacement of equipment may designate the proper corridor for the equipment at issue. The Public Works Director or his or her designee has final approval of all utility locations within the right-of-way.
(d) Hindrance. One year after the passage of the ordinance codified in this chapter, any equipment found in a right-of-way that has not been registered shall be deemed to be a hindrance to the orderly use of right-of-way. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the hindrance or taking possession of the equipment and restoring the right-of-way to a usable condition. Utility registrants may be liable for damages caused by abandoned utilities within the public right-of-way. Utility registrants exercising diligence under these conditions would be exempt from liability for damages.
(e) Limitation of Space. To protect health and safety, the Public Works Director or his or her designee shall have the power to prohibit or limit placement of new or additional equipment within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of-way. In making such decisions, the Public Works Director or his or her designee shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing equipment in the right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. (Ord. 18177 § 1, 2-17-04; Ord. 17587 § 5-18, 10-24-00. Code 1995 § 130-693.)