Chapter 14.56
UNDERGROUNDING OF UTILITIES

Sections:

14.56.010    Underground utility policy.

14.56.020    Definitions.

14.56.030    Underground installation required.

14.56.040    Cost.

14.56.050    Variances.

14.56.010 Underground utility policy.

With the increased use of the properties and streets within the city, the health, safety, and welfare of the residents of the city require that electrical, telephone and TV cable distribution facilities be located underground when providing service to an area that is not already served by aerial utility structures. (Ord. 1579 § 1, 2022; Ord. 949 § 1 (part), 1995).

14.56.020 Definitions.

For the purposes of this chapter, the term “electrical or communication facilities” means electric power, telephone, communication (including but not limited to internet) and cable television facilities; provided, however, that the terms shall not include the following facilities:

(a)    Electric utility substations, surface mounted transformers and switching facilities;

(b)    Street lighting standards;

(c)    Telephone pedestals and other equivalent communication facilities;

(d)    Police and fire sirens or any similar municipal equipment, including traffic control equipment. (Ord. 1579 § 1, 2022; Ord. 949 § 1 (part), 1995).

14.56.030 Underground installation required.

(a)    All electrical and communication facilities (not including electrical or communication services located on private property outside the boundaries of any public or utility easement) installed after June 1, 2022, shall be installed or built underground by the utility owning said facility when (1) an aerial facility is not available for use by the installing utility in the same or substantially same location; (2) the facility to be installed will serve property that was not previously being served by the installing utility; and (3) the facility is installed within either (A) a city right-of-way, (B) an area identified as right-of-way on a plat or subdivision map which has received the city’s formal preliminary or final approval, or (C) a utility easement adjacent to public right-of-way.

(b)    All electrical and communication services located on private property shall be installed underground by the owner of the property in the following cases:

(1)    All new electrical and communication services from an underground facility to serve connections shall be installed underground. All new electrical and communication services from an overhead facility to service connections may be installed overhead; however, the property owner may elect to have the service installed underground.

(2)    All rebuilt or relocated electrical or communication service lines from an underground facility to service connections shall be installed underground. All rebuilt or relocated electrical and/or communication service lines from an overhead facility may be installed overhead; however, the property owner may elect to have the service installed underground. (Ord. 1579 § 1, 2022; Ord. 949 § 1 (part), 1995).

14.56.040 Cost.

The cost and expense of relocating the existing facilities, installing new facilities, or placing utilities underground shall be borne by the serving utilities, the owners of the real property served, and/or persons applying for such underground service in accordance with all applicable filed tariffs, laws, rules and regulations, and any contract between the utility and such owner or applicant. (Ord. 1579 § 1, 2022; Ord. 949 § 1 (part), 1995).

14.56.050 Variances.

(a)    A variance from the underground installation requirements of this chapter may be granted by the Othello city council upon application of the utility or property owner concerned if it is demonstrated to the satisfaction of the Othello city council that (1) the variance is in the interests of the general health, welfare and safety of the residents of the city of Othello and traveling public and (2) it is technologically unsound to require undergrounding of a particular facility or in a particular location.

(b)    When granting a variance, the Othello city council may attach conditions to the granting of said variance. Such conditions include, but are not limited to, requiring the utility provider requesting the variance to bring all of its facilities into compliance with the applicable standards identified in RCW 19.28.410 and WAC 480-120-999 and 296-45-045 (including but not limited to the National Electrical Safety Code (NESC), National Electrical Code (NEC), and the American National Standards for Telecommunications). (Ord. 1579 § 1, 2022; Ord. 949 § 1 (part), 1995).