Chapter 11.32
UNDERGROUND UTILITY DISTRICTS1
Sections:
11.32.020 Council adoption of undergrounding policy.
11.32.040 Exception – Emergency or unusual circumstances.
11.32.110 Repealed.
11.32.010 Definitions.
Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
A. “Poles, overhead wires and associated overhead structures” means poles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.
B. “Underground utility district” or “district” means that area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of SBMC 11.32.020, or in an ordinance adopted by the city council before the effective date of the ordinance codified in this chapter establishing an underground utility district.
C. “Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 425 § 1, 2010; Ord. 75 § 5, 1988; 1987 Code § 8.20.010)
11.32.020 Council adoption of undergrounding policy.
All matters related to underground utility districts, including but not limited to the formation, assessment, voting, implementation, payment for and construction shall be governed by Council Policy No. 13. Said policy shall comply with all applicable laws, including the California Constitution and relevant state codes. (Ord. 425 § 2, 2010; Ord. 75 § 5, 1988; 1987 Code § 8.20.030. Formerly 11.32.030)
11.32.030 Unlawful acts.
Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures in accordance with Council Policy No. 13, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Council Policy No. 13, and for such reasonable time required to remove such facilities after the work has been performed, and except as otherwise provided in this chapter. Any such violation may be prosecuted by administrative, civil or criminal action, including but not limited to the remedies available under Chapters 1.16 and 1.18 SBMC. (Ord. 425 § 3, 2010; Ord. 75 § 5, 1988; 1987 Code § 8.20.040. Formerly 11.32.040)
11.32.040 Exception – Emergency or unusual circumstances.
Notwithstanding the provisions of this chapter, poles, overhead wires and associated overhead structures may be installed and maintained for a period not to exceed 30 days, without authority of the council, in order to provide emergency service. The council may grant special permission, on such terms as the council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. (Ord. 425 § 4, 2010; Ord. 75 § 5, 1988; 1987 Code § 8.20.050. Formerly 11.32.050)
11.32.050 Other exceptions.
Any resolution adopted pursuant to Council Policy No. 13 shall not apply to any of the following types of facilities, unless otherwise provided for in such resolution:
A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;
B. Poles or electroliers used exclusively for street lighting;
C. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;
D. Antennas, associated equipment and supporting structures, used by a utility for furnishing communication services;
E. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;
F. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects;
G. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
H. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or at an adjacent building without crossing any public street;
I. New or existing anchor poles and guy wires within the district necessary to support overhead facilities outside the district. (Ord. 425 § 5, 2010; Ord. 75 § 5, 1988; 1987 Code § 8.20.060. Formerly 11.32.060)
11.32.060 Severability.
The provisions of this chapter are declared to be severable and if any provision, sentence, clause, section or part of this chapter is held illegal, invalid, unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter or their application to persons and circumstances. (Ord. 425 § 6, 2010)
11.32.070 Notice to property owners and utility companies.
Repealed by Ord. 425. (Ord. 75 § 5, 1988; 1987 Code § 8.20.070)
11.32.080 Responsibility of utility companies.
Repealed by Ord. 425. (Ord. 75 § 5, 1988; 1987 Code § 8.20.080)
11.32.090 Responsibility of property owners.
Repealed by Ord. 425. (Ord. 75 § 5, 1988; 1987 Code § 8.20.090)
11.32.100 Responsibility of city.
Repealed by Ord. 425. (Ord. 75 § 5, 1988; 1987 Code § 8.20.100)
11.32.110 Extension of time.
Repealed by Ord. 425. (Ord. 75 § 5, 1988; 1987 Code § 8.20.110)
Prior legislation: 1987 Code § 8.20.020.