Chapter 13.20
ELECTRIC AND COMMUNICATION FACILITIES

Sections:

13.20.010    Policy.

13.20.020    Scope.

13.20.030    Definitions.

13.20.040    Exceptions.

13.20.050    Undergrounding of facilities – When required.

13.20.060    Repealed.

13.20.070    Repealed.

13.20.080    Cost.

13.20.090    Design standards.

13.20.100    Repealed.

13.20.110    Repealed.

13.20.120    Joint trenches required.

13.20.130    Enforcement.

13.20.140    Converting service connections.

13.20.150    Repealed.

13.20.160    Repealed.

13.20.170    Repealed.

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. [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 Undergrounding of existing facilities in residential areas – When required.

Repealed by Ord. 594. [Ord. 340 § 1, 2003; Ord. 82 § 6, 1996]

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]