Chapter 12.16
UNDERGROUNDING OF UTILITIES*

Sections:

12.16.010    Purpose.

12.16.020    New utility wires to be laid underground.

12.16.030    Exception to underground requirement for existing single-family homes.

12.16.040    Exception to underground requirement for utility franchisee or licensee.

12.16.050    Deferral to underground requirement for a property owner.

12.16.060    Traffic signals and overhead warning lights.

12.16.070    Public works director to approve all plans.

* Prior legislation: Ords. 1384, 693 and 617.

12.16.010 Purpose.

This chapter governs the installation of electric distribution and telecommunications facilities. The city of Fife 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. The city of Fife commits to convert existing overhead electrical distribution and telecommunications facilities to underground as an integral part of construction of any final street improvements in accordance with the adopted transportation plan. 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. 1505-03 § 1, 2003).

12.16.020 New utility wires to be laid underground.

All new utility wires, including power, telecommunications, and cable television, shall be installed underground, at no expense to the city, unless an exception is granted pursuant to the provisions of FMC 12.16.030 and 12.16.040. “New utility wires” shall not include the replacement of existing wires nor shall it include wires carrying more than 50,000 volts. (Ord. 1505-03 § 1, 2003).

12.16.030 Exception to underground requirement for existing single-family homes.

A. A new overhead electrical or telecommunication service line to an existing single-family home may be installed overhead as a replacement to an existing overhead electrical or telecommunication 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.

B. A new overhead electrical or telecommunication service line to an existing single-family home may be installed as a replacement to an existing underground or overhead electrical or telecommunication service line, if the following conditions are met:

1. All electrical and telecommunication service and distribution lines for all adjoining properties on the same street frontage are overhead; and

2. 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. Fully reimburse the city if overhead lines fronting on the subject property are converted to underground at city expense, and accept a lien against the property as security for such reimbursement.

C. Replacement lines under subsection (B) of this section may be of larger capacity, phasing, voltage, circuit count, or diameter, and may increase the total number of distinct lines or bundles of lines between the utility pole and customer.

D. The approval authority for exceptions under this section shall be the public works director. (Ord. 1711 § 1, 2010; Ord. 1505-03 § 1, 2003).

12.16.040 Exception to underground requirement for utility franchisee or licensee.

A. The public works director shall 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 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.

B. The permit for an exception to the underground requirement shall be subject to the process and appeal requirements for a Type 1 permit under FMC Title 14; provided, for purposes of this permit, the approving authority shall be the public works director.

C. 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. (Ord. 1505-03 § 1, 2003).

12.16.050 Deferral to underground requirement for a property owner.

A. The public works director shall grant deferral of undergrounding new 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 Pierce 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 against the property to fully reimburse the city if overhead lines fronting on the subject property are converted to underground at city expense.

B. The permit and appeal of deferral of undergrounding overhead utilities shall be subject to the process and appeal requirements for a Type 1 permit under FMC Title 14; provided, for purposes of this process, the approving authority shall be the public works director. (Ord. 1505-03 § 1, 2003).

12.16.060 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 of project construction, for private development. Mast arms shall be used for traffic signals and warning lights installed with final street improvement projects. (Ord. 1505-03 § 1, 2003).

12.16.070 Public works director to approve all plans.

The public works director of the city shall approve all plans and specifications for the installation of underground wires and lines prior to the installation thereof. (Ord. 1859 § 29, 2014; Ord. 1746 § 1 (Exh. A), 2011; Ord. 1505-03 § 1, 2003).