019-07 - Ordinance - New Chapter 12.16 Undergrounding of UtilitiesORDINANCE NO. 019-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
REQUIRING UNDERGROUNDING OF UTILITIES AND ADDING A NEW
CHAPTER 12.16 ENTITLED "UNDERGROUNDING OF UTILITIES"
WHEREAS, the City Council wishes to encourage new guidelines and standards for
landscaping, sidewalk and maintenance within new improvements as outlined in the City's
Transportation Element of the City's Comprehensive Plan; and
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, it is the goal of City Council to encourage beatification of City streets and
reduce the footprints of the overhead utility lines; 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, the City is in the process of revising its development standards to require
undergrounding of overhead utility lines where feasible and to plan for the future expansion by
adding additional conduits; 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;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Title 12 of the Port Orchard Municipal Code is hereby amendedby
adding a new Chapter 12.16 entitled "undergrounding of Utilities" as follows:
Ordinance No.019-07
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Chapter 12.16
UNDERGROUNDING OF UTILITIES
Sections:
12.16.010 Purpose.
12.16.020 Definitions
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.
12.16.010 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.
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.
12.16.020 Definitions
(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.
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(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 companyto
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 improvementsor
widening projects.
12.16.030 Relocated, rebuilt and/or replaced utility wires to be laid
underground.
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 hereof 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.
12.16.040 New utility wires to be laid underground.
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 morethan 50,000 volts.
12.16.050 Exception to underground requirement for existing single- family
home.
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.
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12.16.060 Exception to underground requirement for utility franchisee or
licensee.
(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:
(a) The applicant is a utility franchisee or licensee in good standing;
(b) A complete application is received, including the applicable fee set
forth in the City's fee schedule; and
(c) One of the following conditions are met:
(i) 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);
(ii) 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;
(iii) 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;
(iv) A transition pole is required to serve a new development and
the surrounding poles do not have adequate space for additional equipment;
(v) Adequate easements or property could not be reasonably
obtained to install underground equipment;
(vi) 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
(vii) 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.
(2) If the effective franchise agreement describes a methodology or cost -sharing
arrangement towards undergrounding between the City and franchisee, the franchise
agreement shall take precedent.
12.16.070 Deferral to underground requirement for a property owner.
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
Ordinance No.019-07
Page 5 of 8
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.
12.16.080 Traffic signals and overhead warning lights.
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 ofproject construction,
for private development. Mast arms shall be used for traffic signals and warning lights
installed with final street improvement projects.
12.16.090 Public works director to approve all plans.
Installation of underground wires and lines are subject to the Public Works Director's prior
approval of all plans and specifications.
12.16.100 Permits and fees.
(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 Sections 12.16.050 and 12.16.060 or a deferral under Section 12.16.070 of
this chapter, 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.
Ordinance No.019-07
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12.16.110 Design standards.
(1) All conductors, switches, transformers, and regulating devices shall be
installed in accordance with applicable national, State and local safety standards. All
structural devices shall be designed in accordance with the provisions of, and additions to,
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) 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.
(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.
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) 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
Ordinance No.019-07
Page 7 of 8
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 an 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. 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 (2) weeks notice.
(3) 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.
12.16.130 Enforcement.
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.
SECTION 2. 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 3. 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.
Ordinance No.019-07
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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 23rd day of July 2007.
G
1
Michelle Merlino, City Clerk
A>,X.City Attorne
KIM E. ABEL, MAYOR
Sponsored by:
Robert Putaansuu, Council Member