Chapter 13.20
ELECTRIC AND COMMUNICATION FACILITIES
Sections:
13.20.050 Undergrounding of facilities – When required.
13.20.060 Deferred underground facilities.
13.20.120 Joint trenches required.
13.20.140 Converting service connections.
13.20.010 Policy.
It is the policy of the city to require compliance with the following orderly program pertaining to the relocation of all overhead wires including, but not limited to, telephone, fiber optic, cable television, and electrical power, and to require the underground installation of all electrical and communication facilities when the city engages in a capital improvement or public works project which will facilitate undergrounding or an entity instigates a joint trenching program, or in areas where no overhead wires exist, with certain exceptions noted hereinafter. The health, safety, and general welfare of the residents of the community require that overhead facilities be relocated underground in such instances, in that, among other things, the undergrounding removes potential hazards and blockages from the right-of-way, thus benefiting the safety and mobility of the motoring public, passengers and pedestrians and further promotes the general welfare in achieving a more aesthetically pleasing community, improving property values, and decreasing the vulnerability of service delivery due to the effects of natural disasters and storm events. [Ord. 594 § 1, 2011; Ord. 340 § 1, 2003; Ord. 82 § 1, 1996]
13.20.020 Scope.
Subject to the excepted facilities listed in SMC 13.20.040, this chapter shall apply to all electric facilities, to all communication facilities, and to all facilities that are currently attached, or that may in the future be attached, aboveground to poles, including but not limited to electrical, telephone, telegraph, and cable television facilities. [Ord. 340 § 1, 2003; Ord. 82 § 2, 1996]
13.20.030 Definitions.
The following terms as used in this chapter shall be defined as follows:
A. “Entity” shall include, but shall not be limited to, any of the following: utilities; the city of Shoreline; local improvement districts (LIDs); and road improvement districts (RIDs).
B. “Facilities” shall include, but shall not be limited to, wires of any gauge or material, poles or other structures to support wires, transformers or other equipment with the purpose of amplifying, converting, or otherwise acting on the current or signal carried by wires.
C. “Owner of record” shall mean the person or entity listed as the owner of the property in the records of the King County auditor. [Ord. 340 § 1, 2003; Ord. 82 § 3, 1996]
13.20.040 Exceptions.
This chapter shall not apply to the following facilities:
A. Freestanding streetlights;
B. Police and fire sirens, or any similar municipal equipment, including traffic control equipment;
C. Electrical carrying facilities of a voltage over 35-kV (this exemption only applies to physical structures strictly necessary for the conveyance of an electrical charge in excess of 35-kV. Other facilities attached to these structures are not exempted by this subsection);
D. Communication facilities relying on a carrying source other than that which could be installed aboveground on poles and which cannot function underground as designed including, but not limited to, antennas and satellite communication systems;
E. Temporary electrical service for construction in the MUR-70' zone. Overhead temporary electrical service for construction is a means of supplying electricity aboveground during the construction phase of a project. Overhead temporary electrical service for construction is allowed in the MUR-70' zoning district and this temporary electrical service must be disconnected and removed when the project is connected to permanent electrical service or prior to certificate of occupancy, whichever occurs sooner. [Ord. 958 § 1, 2022; Ord. 340 § 1, 2003; Ord. 82 § 4, 1996]
13.20.050 Undergrounding of facilities – When required.
Existing overhead facilities, including utility poles, with the exceptions previously noted in SMC 13.20.040, will be allowed to remain aboveground until one of the following events:
A. The city council designates for undergrounding a capital improvement or public works project, including sidewalk projects and roadway projects, which will disturb existing facilities or will facilitate the installation of a trench for underground facilities.
B. An entity instigates a joint trenching project, as defined in SMC 13.20.120, that could reasonably serve to replace existing overhead facilities.
C. All extensions, additions, duplications, or rebuilds (excluding repair of casualty damage) or any new facilities shall be installed underground in those areas where no overhead wires exist. [Ord. 594 § 2, 2011; Ord. 560 § 2 (Exh. A), 2009; Ord. 340 § 1, 2003; Ord. 82 § 5, 1996]
13.20.060 Deferred underground facilities.
A. The provision of electrical service required to be undergrounded by this chapter and SMC 20.70.430 may be located overhead on an interim basis pursuant to the execution of a deferred underground facilities agreement (DUFA) in accordance with this section.
B. A DUFA provides the ability to connect a development to overhead electrical facilities for a limited period of time in certain designated areas of the city. Such facilities would provide interim electrical service to the development in situations where an electrical utility provider’s pending underground capital project precludes the provision of permanent underground electrical service to the development site until the capital project is operational. “Operational” means that the electrical utility provider’s capital project is extended to a location that provides access to the development site as defined in the DUFA.
C. A DUFA is allowed when the electrical utility provider’s adopted capital improvement plan has identified a project that will provide operational underground electrical facilities within the right-of-way that will provide for an underground electrical service connection to the development within five consecutive years of: (1) the date of the issuance of the development permit requiring underground installation; or (2) the date of the adoption of this subsection for developments with permits already issued.
D. The city may enter into a DUFA with a property owner, herein referred to as the applicant, if the following terms and conditions are met:
1. All or a portion of the development site is located within an area designated by the city as eligible for a DUFA and the development site is anticipated to be served by the pending capital project.
2. The applicant executes and records a DUFA that shall require and include the following obligations and terms:
a. Design and construction of underground electrical utility infrastructure for a permanent underground service connection to the electrical utility provider’s pending capital project as part of the applicant’s development project.
b. If the utility provider does not automatically connect the development project’s underground electrical utility infrastructure to the completed capital project, the applicant shall submit permit application(s) to the utility provider for a permanent underground service connection to the electrical utility provider’s infrastructure within 60 calendar days from the date the electrical utility provider provides written notice that the underground electrical facilities are installed.
c. The DUFA shall bind the applicant and all successors and assigns.
d. The city shall allow for one extension of the term of the DUFA for up to two years if, through no fault of the applicant, the electrical utility provider’s pending capital project cannot become operational within the five-year time frame. If the electrical utility provider’s pending capital project cannot become operational within the extended period of time, the city may, in its sole discretion, enter into an additional extension(s) of the DUFA.
E. Except as provided herein, the DUFA shall be recorded, at the applicant’s sole cost and expense, in the property records of King County prior to issuance of the development’s permit(s). For development projects that have issued permits at the time of adoption of this subsection, the DUFA shall be recorded prior to issuance of the first certificate of occupancy, either temporary or final, or finalization of the permit, whichever is applicable to the project type.
F. The DUFA shall not relieve the applicant of the requirement to install all electrical service infrastructure underground on the development site and/or within the adjacent right-of-way, to the maximum extent possible, to ensure minimal disruption at the time of permanent underground service connection, as provided in Chapter 13.20 SMC, SMC 20.70.430, and the Engineering Development Manual (EDM) adopted pursuant to SMC 12.10.015.
G. The director of public works and the director of planning and community development, or designees, shall designate areas of the city where a DUFA may be permitted. A map clearly delineating the boundaries of the designated areas will be posted in the GIS map portal on the city’s website and incorporated into the EDM.
H. The director of public works may approve a DUFA in a form acceptable to the city attorney.
I. The electrical utility provider shall:
1. Ensure that the interim overhead electrical facilities installed in the right-of-way be designed and constructed so that minimum clearance requirements applicable to the electrical facilities do not preclude future development of the site up to the minimum setbacks required by Chapter 20.50 SMC, or other applicable SMC or EDM provisions, without design departures.
2. Upon completion of the electrical utility provider’s pending capital underground project, the interim overhead electrical facilities shall be deemed abandoned and shall be removed from the right-of-way at the electrical utility provider’s sole expense; provided, that the city may grant an exemption to the removal of the interim overhead facilities if those facilities are necessary to serve existing development. The electrical utility provider shall remove their interim overhead electrical wires and other electrical fixtures and equipment from the interim electrical utility poles within 60 calendar days of the completion of their capital underground project. All nonelectrical facility attachers shall then remove their facilities from the interim electrical utility poles within 180 calendar days of the electrical utility provider’s removal of their electrical wires and other electrical fixtures and equipment. The electrical utility provider shall then remove their interim electrical utility poles within 60 calendar days of the final nonelectrical facility attacher removing their facilities.
J. If the electrical utility provider fails to comply with subsection I of this section, the city may engage in enforcement provisions against such utility provider as authorized by state law, the SMC or the city’s electrical utility system franchise agreement, as may be applicable. Nothing in this provision shall preclude the city from pursuing additional or other legal remedies. [Ord. 966 § 1 (Exh. A), 2022]
13.20.070 City projects – Pole removal required.
Repealed by Ord. 594. [Ord. 340 § 1, 2003; Ord. 82 § 7, 1996]
13.20.080 Cost.
The cost and expense of relocating existing overhead facilities, or installing new facilities underground, shall be borne by the serving utilities to the extent allowed by state and federal regulations, except that disconnection from existing overhead facilities and connection of the undergrounding facilities from the edge of the right-of-way to the abutting land owners shall be borne by the abutting land owners, except as provided in SMC 13.20.140. Telecommunication service providers as defined in Chapter 35.99 RCW shall be reimbursed for conversion expenses if the provider had paid for relocation within the last five years at the request of the city, or where the service provider is an owner of the aerial supporting structures, it shall be reimbursed for the additional incremental cost of undergrounding compared to aerial relocation. Nothing in this section shall preclude a contractual agreement governing who is to bear the cost of undergrounding as agreed upon between the utility, the city and affected parties. [Ord. 340 § 1, 2003; Ord. 82 § 8, 1996]
13.20.090 Design standards.
The design standards contained in the city of Shoreline’s engineering development guide shall apply to construction of electrical and telecommunication facilities in the right-of-way. [Ord. 340 § 1, 2003; Ord. 82 § 9, 1996]
13.20.100 Variance – Procedure.
Repealed by Ord. 230. [Ord. 82 § 10, 1996]
13.20.110 Variance – Criteria.
Repealed by Ord. 230. [Ord. 82 § 11, 1996]
13.20.120 Joint trenches required.
Any entity planning a trenching project, as defined herein, shall receive preliminary approval of the project from the appropriate permitting authority and then within 10 days notify all entities maintaining overhead transmission facilities in the same corridor of the scope and nature of the project. Such notification shall include a full description of the requirements of this chapter and shall identify all facilities in danger of being removed by the operation of this chapter. Uncertainty as to which facilities are in danger of being removed by operation of this chapter shall be clarified by the public works director or designee on a case-by-case basis. The final approval of permits for such project will not be provided before 60 days after the appropriate permitting authority has been provided evidence that all entities have been notified as required herein. The aboveground systems of all entities so notified will be removed by the owner thereof no later then 90 days following the completion of the project.
A. “Trenching project” is defined as any project initiated by an entity for the purpose of undergrounding some portion of the overhead transmission system, or any project designed to include the disruption of road improvements or the digging of a trench in the public right-of-way for a distance greater then 500 feet in length that would reasonably reduce the cost of undergrounding facilities that could reasonably serve to replace existing overhead facilities.
B. The following activities are exempt from the requirements of this section:
1. Those activities in areas that do not have existing overhead facilities;
2. Those activities by water, wastewater, or natural gas franchisees that, in the opinion of the public works director or designee, due to design standards or the nature of the proposed project, any potential efficiencies gained by a joint project would be outweighed by the additional disruption to the community caused by requiring the undergrounding of existing overhead facilities. [Ord. 340 § 1, 2003; Ord. 82 § 12, 1996]
13.20.130 Enforcement.
Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be a civil violation subjecting the offender to a civil penalty of up to $100.00 for each of the first five days that a violation exists and up to $500.00 for each subsequent day that a violation exists. Notice and order and hearing procedures shall correspond to those established for the enforcement of land use regulations. Payment of any such monetary penalty shall not relieve any person of the duty to correct the violation as set forth in the applicable notice and order. [Ord. 340 § 1, 2003; Ord. 82 § 13, 1996]
13.20.140 Converting service connections.
A. For city capital projects that include conversion of aerial to underground facilities, the project shall pay for the cost of underground connections that are located within 100 feet of the right-of-way; provided, the owner shall execute an agreement to allow the connection to be permitted and performed by the city including temporary access to the owner’s property in a form acceptable to the city. If the owner does not execute the agreement, the service connection shall be the responsibility of the owner.
B. Additional connections located outside this 100-foot limit may be paid for at the director’s discretion. [Ord. 594 § 4, 2011; Ord. 340 § 1, 2003; Ord. 82 § 14, 1996]
13.20.150 Order to disconnect.
Repealed by Ord. 594. [Ord. 340 § 1, 2003; Ord. 82 § 15, 1996]
13.20.160 Objection to disconnection –Hearing.
Repealed by Ord. 594. [Ord. 340 § 1, 2003; Ord. 82 § 16, 1996]
13.20.170 Implementation.
Repealed by Ord. 594. [Ord. 340 § 1, 2003; Ord. 82 § 17, 1996]