030-08 - Ordinance - Amending Chapter 12.16 Undergrounding of UtilitiesORDINANCE NO. 030-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING CERTAIN SECTIONS OF POMC CHAPTER12.16
"UNDERGROUNDING OF UTILITIES" AND ADDING NEW SECTIONS
DESIGNATING UTILITY CORRIDORS AND COSTS OF CONVERSIONS
WHEREAS, the Utilities Element of the City's Comprehensive Plan sets forth a goal
and policy of requiring "the undergrounding of future or existing utility lines including gas, cable,
television, electric distribution lines, and telephone as appropriate during the design review process
and in accordance with local, regional and state rules, regulations and tariffs;" and
WHEREAS, the City Council finds that undergrounding of utilities will increase
transportation and pedestrian safety by removing utility poles from the shoulders of the City's
roadways and sidewalks; and
WHEREAS, it is hereby found and declared that the conversion of overhead electric
and communication facilities to underground facilities is substantially beneficial to the public safety
and welfare, is in the public interest and is a public purpose; and
WHEREAS, on July 23, 2007, the City Council adopted Ordinance No. 019-07 which
required the undergrounding of utilities; and
WHEREAS, Puget Sound Energy has suggested some clarifying language to Chapter
12.16, portions of which have been incorporated into this ordinance; and
WHEREAS, the City Council finds that the designation of utility corridors and design
standard enhance the City's purposes of the Downtown Overlay District as well as the goals of
encouraging beatification of City streets and reducing the footprints of the overhead utility lines;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 12.16 of the Port Orchard Municipal Code is hereby amended to
read as follows:
Chapter 12.16
UNDERGROUNDING OF UTILITIES
Sections:
12.16.010 Purpose.
12.16.020 Definitions
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12.16.030 Relocated, rebuilt and/or replaced utility wires to be laid
underground.
12.16.040 New utility wires to be laid underground.
12.16.050 Exception to underground requirement for existing single-family
home.
12.16.060 Exception to underground requirement for utility franchisee or
licensee.
12.16.070 Deferral to underground requirement for a property owner.
12.16.080 Traffic signals and overhead warning lights.
12.16.090 Public works director to approve all plans.
12,16.100 Permits and fees.
12.16.110 Design standards.
12.16.120 Joint trenches.
12.16.130 Enforcement.
12.16.140 Utility Corridors.
12.16.150 Downtown Overlay District - Special Requirements.
12.16.160 Cost of Conversion — Existing Overhead Facilities
SECTION 2. Section 12.16.010 of the Port Orchard Municipal Code is hereby amended
to read as follows:
12.16.010 Purpose.
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.
SECTION 3. Section 12,16.020 of the Port Orchard Municipal Code is hereby amended
to read as follows:
12.16.020 Definitions
(1) "Electric utility" means any publicly or privately owned utility engaged in the
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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 (3) or more spans (four (4) poles) or five hundred
(500) feet exclusive of replacements due to casualty damage.
(6) `Relocations" 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.
SECTION 4, Section 12.1.6.060 of the Port Orchard Municipal Code is hereby amended
to read as follows:
12.16.060 Exception to underground requirement for utility franchisee or
licensee.
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 are 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
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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 telecommunication system
is an integral part of the electrical delivery system.
SECTION 6. Section 12..1.6.090 of the Port Orchard Municipal Code is hereby amended
to read as follows:
12.16.090 (Public works director to approve all plans.
Installation of underground utilities pursuant to the provisions of this chapter are subject to
the Public Works Director's prior approval of all plans and specifications.
SECTION 6. Section 12.16.110 of the Port Orchard Municipal Code is hereby amended
to read as follows:
12.16.110 Design standards.
(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) 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.
(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 ten thousand (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 event of widening of the traveled portion of the street.
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(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
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.
SECTION_7. Section 12.16.120 of the Port Orchard Municipal Code is hereby amended
to read as follows:
12.16.120 Joint trenches.
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 where ever 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 (2) 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
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connection to a structure have been given the opportunity to be heard upon two (2) 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.
SECTION S. Section 12.16.130 of the Port Orchard Municipal Code is hereby amended
to read as follows:
12.16.130 Enforcement.
(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 one thousand
dollars ($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.
SECTION 9. Chapter 12.16 of the Port Orchard Municipal Code is hereby amended by
adding a new section to read as follows
12.16.140 Utility Corridors.
A. 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:
1. For properties north of Bay Street within the Central Downtown Overlay
District, as described in POMC 18.96.020, all utilities shall be located within the City right-
of-way fronting those properties.
2. For properties abutting the south side of Bay Street within the Central
Downtown Overlay District, as described in POMC 18.96.020, 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.
3. For properties abutting the south side of Bay Street within the Central
❑owntown Overlay District, as described in POMC 18.96.020, 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.
B. The location of utilities without a designated utility corridor shall be as directed by
the Public Works Director.
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C. 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.
SECTION 10. Chapter 12.16 of the Port Orchard Municipal Code is hereby amended by
adding a new section to read as follows:
12.16.150 Downtown Overlay District - Special Requirements.
Within the Downtown Overlay District, as described in POMC 18.96.020, 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.
SECTION 11. Chapter 12.16 of the Port Orchard Municipal Code is hereby amended by
adding a new section to read as follows:
12.16.160 Cost of Conversion — Existing Overhead Facilities.
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 bourne 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.
SECTION 12. If any section, subsection, paragraph, sentence, clause, or phrase of this
ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the
validity of the remaining parts of this ordinance.
SECTION 13. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
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PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 26th day of .AVgust 2004
La ry
ATT
Patricia I Kirkp rick, City Jerk ,
APPROVED AS TO FORM: Sponsored by:
l
For es, ssistant City Attorney Robert Putaansuu, Councilmember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held August 26, 2008.
ORDINANCE NO. 030-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON AMENDING CERTAIN
SECTIONS OF POMC CHAPTER12.16 "UNDERGROUNDING OF UTILITIES" AND ADDING NEW
SECTIONS DESIGNATING UTILITY CORRIDORS AND COSTS OF CONVERSIONS
Copies of Ordinance No, 030-08 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 030-08 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
August 30, 2008