4-6-090 UTILITY LINES – UNDERGROUND INSTALLATION:

A. PURPOSE:

It is especially found and determined by the City that the health, safety, especially the safety of the traveling public, and general welfare of the residents of the community require that all such existing overhead facilities be relocated underground as soon as practicable in accordance with the requirements specified herein and that all new facilities specified herein be installed underground. The purpose of this Chapter, among others, is to establish minimum requirements and procedures for the underground installation and relocation of electrical and communication facilities within the City.

B. APPLICABILITY:

It shall be and it is hereby made the policy of the City to require compliance with the following orderly program pertaining to the underground relocation of all existing overhead wires carrying any electrical energy, including, but not limited to, telephone, telegraph, cable television and electrical power, and to require the underground installation of all new electrical communication facilities, subject to certain exceptions noted hereafter. Subject to the excepted facilities listed in subsection C of this Section, this Chapter shall apply to all electric facilities and to all communication facilities, including but not limited to telephone, telegraph and cable television facilities.

C. EXEMPTIONS:

1. This Chapter shall not apply to the following facilities:

a. Electric utility substations, pad-mounted transformers and switching facilities not located on the public right-of-way where site screening is or will be provided in accordance with subsection H7b of this Section.

b. Electric transmission systems of a voltage of fifty five (55) kv or more, (including poles and wires) and equivalent communication facilities where the utility providing electrical energy is willing to provide at its expense an underground street lighting circuit including all conductor and conduit to a point on the poles at least forty feet (40') above ground level to serve utility owned street lighting fixtures to be mounted on the poles at said location.

c. Ornamental street lighting standards.

d. Telephone pedestals and other equivalent communication facilities.

e. Police and fire sirens, or any similar municipal equipment, including traffic-control equipment. (Ord. 2432, 9-23-1968)

f. When undergrounding is required due to extensions, duplications, relocations or rebuilds to existing overhead electrical and communication facilities but the poles to be removed following undergrounding would not be removed because of continuing requirements for such poles, such as services to residences of King County when those residences are not required to be undergrounded. However, if there is a reasonable likelihood that undergrounding would occur in the foreseeable future, conduit for underground crossings should be installed whenever feasible as part of any ongoing street construction, reconstruction or overlayment project.

g. When:

•	undergrounding is required due to extensions, duplications, relocations or rebuilds to existing overhead electrical and communication facilities and there are existing overhead electrical or communication facilities that will not be removed (such as high tension wires), and

•	the electrical and communication facilities to be removed by undergrounding parallel the facilities that will not be removed, and

•

are on the same street right-of-way or are immediately adjacent thereto, either on the same side of the right-of-way or on the opposite side of the right-of-way, then the owners of the property that would be required to underground under subsection E3 of this Section will be given the option to request such undergrounding and if the majority of them agree, then the undergrounding shall occur.

D. DEFINITIONS OF TERMS USED IN THIS SECTION:

The following terms when used in this Section shall have the meanings given below:

1. Rebuilds: A replacement of overhead facilities for a distance of three (3) or more spans (four (4) poles) or five hundred feet (500') exclusive of replacements due to casualty damage.

2. Services: Facilities located on private property and/or for the specific purpose of servicing one customer.

3. Relocations: Removal of existing facilities with subsequent reinstallation at an adjacent location, generally necessitated by roadway widening projects, shall constitute a relocation. (Ord. 2432, 9-23-1968)

E. UNDERGROUND SERVICE REQUIRED:

1. When Required:

a. New Services: All new electric or communication services from an overhead or underground facility to service connections of structures shall be installed underground from and after the effective date of this Section (9-23-1968).

b. Service Extensions and Rebuilds: All extension, rebuilds, relocations, or duplications of existing overhead electric and communication facilities shall be installed under ground from and after the effective date of this Section (9-23-1968). All rebuilt or relocated electric or communication services from an overhead or underground facility to service connections of structures shall be installed under ground from and after the effective date of this Section (9-23-1968), 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) services feeding overhead to existing single family residences may be rebuilt or enlarged. (Ord. 4352, 5-11-1992)

c. Upon Dedication of Right-of-Way or Easement: All rights-of-way proposed to be dedicated to the City and/or easements for public facilities shall be subject to the provisions of this Chapter. (Ord. 2432, 9-23-1968)

2. Time Allowed to Convert Existing Above-Ground Facilities:

a. Business Centers and Industrial Areas: The following requirements apply to all areas of the City which are outlined on the map referred to herein.

i. Fifteen (15) Years for Conversion: All existing overhead electric and communication facilities, with the exceptions previously noted in subsection C of this Section, shall be converted to underground facilities within fifteen (15) years from the effective date of this Chapter, subject to a ten (10) year extension by the City whereby in the City’s judgment, their financial situation prohibits the City from participating to the degree implied by the provisions of this Chapter.

ii. Special Requirements for Rezoned Areas: All areas rezoned for commercial or industrial use after the effective date of this Chapter shall be converted to underground in the same manner as provided herein for existing facilities within fifteen (15) years from the effective date of such rezoning, subject to a ten (10) year extension by the City; provided, that the Public Works Administrator or his/her designee elects to add such rezoned areas to those outlined on the map as designated in subsection E2a of this Section. (Ord. 5156, 9-26-2005; Ord. 5450, 3-2-2009)

b. Retail Business and Public Facilities: The following requirements apply to all areas not included in subsection E2a of this Section and zoned by the Zoning map of the City as retail business and public facilities.

The underground requirements respecting all electric or communication facilities in these areas shall conform to the requirements of the immediately surrounding areas as determined by the zoning classifications; provided, that where the surrounding areas have varying requirements in accordance with the provisions of this Section, the underground requirements shall be those applicable to the predominantly surrounding area.

3. Conversion to Underground Service Required When Property Abuts Underground Project: The owner or owners of real property abutting an underground project shall be responsible, at his or their expense, for converting to such underground service within ninety (90) days after the date of the mailing of the notice as hereinbelow set forth. Time in consummating such connection and disconnection of overhead service is of the essence and such notice to the property owner or occupant of the affected premises may be mailed, postage prepaid, or delivered in person. All of such conversion of electric and communication facilities to underground facilities may be undertaken by local improvement district or as otherwise permitted by law and as further authorized by RCW 35.96.030 through 35.96.040.

a. City Notice Will Stipulate Time to Disconnect Above-Ground Service: When service from the underground electric and communication facilities is available in all or part of a conversion area, the City shall mail a notice to the owners of all structures of improvements served from the existing overhead facilities in the area, which notice shall state that:

i. Service from the underground facilities is available; and

ii. All electric and communication service lines from the existing overhead facilities within the area to any structure or improvement must be disconnected and removed within ninety (90) days after the date of the mailing of the notice.

b. Service Disconnection Due to Failure to Convert: Should such owner fail to convert such service lines from overhead to underground within ninety (90) days after the date of the mailing of the notice, the City will order the electric and communication utilities to disconnect and remove the service lines. If the owner of any structure or improvement served from the existing overhead electric and communication facilities within a conversion area shall fail to convert to underground the service lines from such overhead facilities to such structure or improvement within ninety (90) days after the mailing to him of the notice, the City shall order the electric and communication utilities to disconnect and remove all such service lines; provided, that if the owner has filed his written objections to such disconnection and removal with the City Clerk within thirty (30) days after the mailing of the notice then the City shall not order such disconnection and removal until after the hearing on such objections.

c. Timing for Objections: Should the owner object to the disconnection and removal of the service lines he may file his written objections thereto with the City Clerk within thirty (30) days after the date of the mailing of the notice and failure to so object within such time will constitute a waiver of his right thereafter to object to such disconnection and removal.

d. Hearing by Council: Upon the timely filing by the owner of objections to the disconnection and removal of the service lines, the legislative authority of such City, or a committee thereof, shall conduct a hearing to determine whether the removal of all or any part of the service lines is in the public benefit.

e. Timing of and Authority for Hearing: The hearing shall be held at such time as the legislative authority of such City may establish for hearings on the objections and shall be held in accordance with the regularly established procedure set by the legislative authority of the City. If the hearing is before a committee, the committee shall, following the hearing, report its recommendation to the legislative authority of the City for final action.

f. Council Decision Final: The determination reached by the legislative authority shall be final in the absence of an abuse of discretion.

g. General Provisions Applicable: Unless otherwise provided for in chapter 35.96 RCW et seq., all the general provisions relating to local improvements of cities and towns shall likewise apply to local improvements for the conversion of overhead electric and communication facilities to underground facilities. (Ord. 2496, 8-25-1969)

F. RESPONSIBILITY FOR CONVERSION AND/OR INSTALLATION COST:

1. Conversion: The cost and expense of converting existing overhead facilities to underground, or installing new facilities underground, shall be borne by the serving utilities, or the owners or occupants of the real property served, or persons applying for such underground service. However, whenever the City determines that the public health, welfare, convenience and pedestrian and vehicular traffic safety in any street or road widening or relocation project requires conversion of existing overhead facilities to an underground installation, then in any such event, the utility or utilities affected shall provide such work at its own cost and expense. This requirement shall apply to all major or arterial streets or roadways carrying an average of five thousand (5,000) vehicles or more per day and shall be limited to two (2) miles of such street or roadway per annum. (Ord. 3951, 10-21-1985)

2. Installation: Whenever an electrical communication facility, including but not limited to electrical power, telephone, telegraph and cable TV, is required to be placed under ground according to the terms of this Section, then that utility shall bear the cost of such undergrounding, including the conduit, cable, vaults and a proportionate share of the trenching or other preparatory work or necessary work of restoration. (Ord. 3763, 12-12-1983)

G. PERMITS, PLANS AND FEES:

1. Underground Permit Required Prior to Work in Public Easements or Right-of-Way: An underground permit shall be acquired by the serving utility from the Public Works Department prior to the proceeding with construction of facilities in the public right-of-way, easements for public facilities, and/or public property.

a. Fees: The fee shall be as specified in RMC 4-1-180D5. (Ord. 3832, 8-13-1984; Ord. 5450, 3-2-2009)

2. Overhead Permit Required: Where above-grade pole line installations are permitted under the variance procedures of subsection I of this Section, a permit shall be acquired by the serving utility from the Department prior to proceeding with construction of such facilities in the public right-of-way and/or public property.

a. Fees: The fee shall be as specified in RMC 4-1-180C4.

3. Permits Not Required for Overhead Pole Lines: Chapter 9-10 RMC, Street Excavations, is hereby amended to exclude overhead pole lines for which jurisdiction shall henceforth be placed under the Department and for which the permit provisions of subsection G2 of this Section shall apply.

4. Additional Inspection Fees: The terms of the above permits create a liability on the serving utility for excess inspection fees as provided for in RMC 4-1-180B and/or any amendments thereto.

5. Development Services Division Review of Screening and Setbacks Required Prior to Issuance of Service Permit: Plans for all above-ground installations, including those excepted under subsection C1 of this Section, shall be submitted to the Development Services Division for approval of site screening and setbacks prior to the issuance of a service permit by the Development Services Division. (Ord. 2432, 9-23-1968; Amd. Ord. 3592, 12-14-1982)

6. As-Built Plans Required for Underground Projects: As-built, project drawings in a form and scale conforming to generally accepted engineering practice shall be submitted in duplicate to the Development Services Division of the Community and Economic Development Department within thirty (30) days of the completion of any underground project within the City. (Ord. 5450, 3-2-2009)

7. Annual Submittal by Utilities of As-Built Drawings of Underground Facilities Required: In addition, each utility shall submit in duplicate as-built drawings of all of its underground facilities within the City on an annual basis, commencing on January 1, following the effective date of this Section, provided that if said drawings are not available at the time of the effective date of this Section (9-23-1968), each utility shall be given a reasonable time to prepare such drawings. (Ord. 2432, 9-23-1968)

H. DESIGN STANDARDS:

1. Standards Applicable: All conductors, switches, transformers, and regulating devices shall be installed in accordance with the applicable national, State, and local safety standards. All structural devices shall be designed in accordance with the provisions of the latest edition of the International Building Code, subject to the provisions of the immediately following subsection. (Ord. 5450, 3-2-2009)

2. Coordination with Other Facilities Required: All underground facilities provided for herein shall be installed in such manner as to coordinate with other underground facilities, i.e., water, sewer and gas pipelines, 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 be governing and controlling.

3. Street Lighting: Street lighting facilities or systems conforming to the current standards of the City Traffic Engineer shall be installed as an integral part of all undergrounding projects.

4. Wheel Load Requirements – Minimum: All vaults, handholes, ventilation gratings, and access covers and conduit in public rights-of-way shall be strong enough to withstand a ten thousand (10,000) pound wheel load. The serving utility may, at their option, elect to restrict a ten thousand (10,000) pound wheel load requirement to traveled street areas while assuming the responsibility for upgrading facilities beyond the original traveled street areas should subsequent widening occur.

5. Grading of Streets: Streets shall be graded to subgrade prior to the installation of underground facilities.

6. Joint Trenches:

a. Joint Trenches Authorized and Encouraged: In the undergrounding of facilities, as contemplated by this Chapter, it is the City’s intent to authorize the establishment of joint or common trenches; that is, the utilization of a single trench where feasible by all utilities and/or franchise holders involved in the relocation of overhead facilities.

b. Delay of Permit Issuance to Allow Notice to Other Utilities: Upon application for an underground permit, the Development Services Division of the Community and Economic Development Department shall determine what utilities and franchise holders shall use the proposed trench and the issuance date of the applicable underground permit. 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 common trenches, the responsible official 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. (Ord. 2432, 9-23-1968; Ord. 5450, 3-2-2009)

c. Provision for Joint Services Across Public Right-of-Way Required: 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 services from an electrical or communication utility (power, telephone and TV cable) to provide adequate provisions and capacity for joint service usage in a trench with conduit or other required facilities for present and future service extensions to the structure.

d. Responsibility for Notice: The principal utility to initiate the street crossing by owners, owners’ agent or other persons’ request shall notify the remaining electrical or communication utility when the common trench is available.

e. Development Services Responsibility: When arrangements do not appear to involve all the above mentioned utilities in a joint trench, the Development Services Division of the Community and Economic Development Department shall notify the utilities and property owner or owner’s agent to provide appropriate arrangements. (Ord. 5450, 3-2-2009)

f. Delay of Permit Issuance to Allow Notice to Other Utilities: 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. (Ord. 3318, 5-14-1979, eff. 5-23-1979)

7. Standards for Above-Ground Installations: Any equipment excepted from those underground requirements or otherwise permitted to be installed above-ground shall comply with the following:

a. Be placed within an enclosure or part of the building being served, or

b. Be suitably screened with masonry or other decorative panels and/or evergreen trees, shrubs, and landscaping planted in sufficient depth and height, within a period of five (5) years, to form an effective sight barrier. The utility shall be responsible for the installation, maintenance, repair, or replacement of the aforementioned screening materials when the real property on which the above-ground facility is located is owned by the utility. When said above-ground facility is located on non-utility owned real property, the owner(s) shall bear the expense of installation maintenance, repair or replacement of screening materials outlined hereinabove.

c. Have space frames and structural arrangements for holding equipment designed to have an uncluttered and neat appearance.

d. Required Positioning of Conductors: Where above-grade pole line installations are permitted under the variance procedures outlined in subsection I of this Section, conductors shall be placed in vertical alignment or any other approved alignment as subsequently designated by the City Traffic Engineer. (Ord. 2432, 9-23-1968)

I. VARIANCE PROCEDURES:

1. Authority: All applications for variances from the foregoing underground requirements shall first be filed with the Planning/Building/Public Works Administrator or his/her designee. The Administrator shall promulgate rules and regulations governing application for, hearings pertaining to, and the granting of variances from the foregoing underground requirements.

2. Review Criteria: Underground requirements shall be waived by a variance only if the utility owner or user or any other affected party can demonstrate that it would work an undue hardship to place the facilities concerned underground. By an undue hardship is meant a technological difficulty associated with the particular facility, or with the particular real property involved, or a cost of undergrounding such a facility which, in the discretion of the Planning/Building/Public Works Administrator or his/her designee, is deemed to outweigh the general welfare consideration implicit in underground installation, or an area where the growth pattern has not been sufficiently established to permit the determination of ultimate service requirements or major service routes. (Ord. 5156, 9-26-2005)