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HomeMy WebLinkAbout6001 ORDINANCE NO. 6001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 13.32 OF THE AUBURN CITY CODE RELATING TO CONVERSION TO UNDERGROUND UTILITY SERVICE WHEREAS, RCW Chapter 35.96 sets forth the procedures for cities to follow when converting overhead electric and communication facilities to underground facilities; and WHEREAS, RCW Chapter 35.96 requires the owners of structures and improvements served by those facilities to convert their service connections to underground service when those utilities are converted; and WHEREAS, ACC Chapter 13.32 sets out the City's procedures for implementing RCW Chapter 35.96; and WHEREAS, those procedures are cumbersome to use and often leave property owners unclear as to the scope of their underground conversion responsibilities; and WHEREAS, the procedures set forth in ACC Chapter 13.32 may be clarified while remaining in compliance with RCW Chapter 35.96, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. Amendment to Citv Code. That Chapter 13.32, Underground Wiring, of the Auburn City Code be and the same hereby is amended to read as follows: Sections: 13.32.010 13.32.020 13.32.030 13.32.040 13.32.050 13.32.060 13.32.070 13.32.080 13.32.090 13.32.100 Chapter 13.32 UNDERGROUND WIRING Purpose and scope. Definitions. Requirements. Property owner's responsibilities. Conversion work by local improvement districts. Notification of service availability, requirement to convert. and noncompliance action. Mandatory disconnection and removal of overhead services. Conversion complaint and appeal review. Local improvement regulations apply. Violation - Penalty. 13.32.010 Purpose and scope. The purpose and scope of this title is to establish policies and standard procedures for regulation of installation, operation, and management of all underground utility wiring and communication conduits within the city of Auburn. The scope of this title includes new subdivisions, new construction on private parcels, agreements and franchises for cable television, telecommunications, gas, and power utilities operating within public ways. This chapter clarifies the applicability of all other titles of the city code regarding the subject of undergrounding, to foster management of future rights-of-way to the benefit of the public, and to prescribe the specific procedures and permits to be used to regulate each activity. (Ord. 5043 ~ 1 (Exh. A), 1998.) 13.32.020 Definitions. The definitions of this chapter are specific to this chapter. "Aerial" means those t1Utility Facilities services which currently exist on poles or which may be installed at a future date with the city engineer's approval, owned, and managed by private utilities, located within city rights-of-way or city utility easements. "Electric Utilitv" means anv publiclv or privatelv owned utilitv enqaqed in the business of furnishinq electric enerqy to the public in all or part of the conversion area and includes electric companies as defined bv RCW 80.04.010 and public utility districts. "Communication Utility" means any utility enqaqed in the business of affordinq telephonic. teleqraphic. cable television or other communication service to the public in all or part of the conversion area and includes telephone companies and teleqraph companies as defined by RCW 80.04.010. "Conduit" means any pipeline, duct, or protective enclosure for electrical conductors, coaxial cable, multi-conductor cable, or fiber optic cable, communications trunkline or used for conveyance of gas, petroleum, or other commercial products. "Service Connection" means anv and all equipment used to connect structures or improvements to a Utility Facility. "Utility" means those companies providing electric power, telecommunications, cable television, telephone, and natural gas services within the corporate boundaries of the city of Auburn, Washington. (Ord. 5043 ~ 1 (Exh. A), 1998.) "Utility Facility" means any and all Utility-owned or operated conduits, wires. cables. fiber optics. pipelines. or other devices used to transmit. transport. or distribute electric power. telecommunications services. cable television. or natural qas. and any appurtenances thereto. 13.32.030 Requirements. A. General. All Utility Facilities and Service Connections wires, cables or other electrical and communication appurten:mces, pipelines, and dovices shall, where technically feasible, be installed underground in connection with the following: 1. All new platted subdivisions (including streets and rights-of-way within subdivisions) and all new public street and street frontaQe improvements; 2. All completely new permanent-type residential and commercial buildings on private property (temporary construction Service Connections requirements may be overhead); 3. All lines extended into areas where no adequate aerial system exists-wRefe feasible; 4. As an exception to the above, all aerial Utilitv fFacilities in existence as of January 16. 1998 the effective date of the ordinance codified in this chapter are grandfathered at current capacity to remain above ground; however, should 2 Utility the owner of such facilities desire to increase the capacity of its SIffiI:l-Utility fEacilities, the Utility he/she shall apply for an amendment to its his/her franchise with the city. B. Cable Television. Chapter 13.36 ACC governs the installation and management of all underground facilities related to cable television services and franchises within the corporate boundaries of the city. C. New Subdivisions. Chapter 17.12 ACC governs the installation of all underground facilities related to the integration of all utilities that serve new subdivisions within the corporate boundaries of the city. D. Telecommunications and Commercial Utilities. ACC Title 20, Telecommunications and Other Commercial Utilities, and Chapter 12.24 ACC, Construction Permits, govern the installation and management of all underground facilities related to commercial utilities and telecommunication services and governing right-of-way agreements, franchises, and leases within the corporate boundaries of the city. E. Temporary Uses. The city engineer may grant an exemption from undergrounding the Service Connections for electricpower and communication services for temporary structures or for mobile containers for up to one year. The city engineer may grant an extension to such uses providing the permittee provides proof of either a commitment to relocate the use to another site, or a bonded commitment to underground the ~ervice Connections within the one year extension if granted. The intent of this section is to allow small businesses to economically determine if a site is suitable for the planned use without having to make a significant financial investment in undergrounding such sService Connections. The exemption will not be granted without business registration and a determination of compliance with zoning. F. Permitting. All permits for the tjnstallation of all--aerial and underground Utilitv fFacilities within existing city rights-of-way or easements shall be processed and reviewed permittod under Chapter 12.24 ACC, Construction Permits. (Ord. 5043 ~ 1 (Exh. A), 1998.) 13.32.040 Property owner's responsibilities. A. The owner(s) of real property served by aerial electric or communication Utility Facilities that are beina relocated underaround shall. at the owner(s)'s expense. decommission. disconnect. and remove the Service Connections from those Utilitv Facilities to any structures or improvements located on the pro pertv. The owner(s) shall also. at the owner(s)'s expense. either install underaround Service Connections to those structures or improvements or. upon approval of the City Enaineer, discontinue Utility service to one or more of the structures or improvements on the property. Property owners wishina to discontinue Utility service shall provide written notice of that intent to the City Enaineer within 30 calendar days of receipt of the City Enaineer's notice that the underaround system is available for service. B. Such conversion of the Service Connection. includina installation of any underaround Service Connections. shall be completed within 90 calendar days of the City's mailinq or deliverv of the notice set forth in ACC 13.32.060 and RCW 35.96.050 that service from the underaround Utility Facilities is available. The owner(s) of real pr-operty abutting an underground wiring project shall be responsible at his/her or their expense for converting to such underground wiring service within 90 days after the date of the mailing of the notice as set forth in .'\CC 13.32.060. Time in consummating such connection and disconnection of overhead services is of the essence and such notice to the property owner or occupant of the affected premises may be mailed, or delivered in person. (Ord. 5043 ~ 1 (Exh. A), 1998.) 13.32.050 Conversion work by local improvement districts. All ef-such conversion of electrical and communication Utility fFacilities 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 and 35.96.040. (Ord. 5043 ~ 1 (Exh. A), 1998.) 13.32.060 Notification of service availability, requirement to convert, and noncompliance action. A. When service from the underground electric and communication Utility fEacilities is available in all or part of a conversion area, the city enqineer shall issue a directive mail a notice to the owners of all structures or improvements with Service Connections to served from the existing overhead Utility fEacilities in the area by means of mailinq a certified notice or hand deliverinq a notice~ notice shall statioge that: 1A. Service from the underground Utility fEacilities is available; ~8. To facilitate completion of the citv's proiect. A!!II electric and communication s~ervice Connections lines from the existing overhead Utilitv fEacilities within the area to any structure or improvement must be decommissioned, disconnected and removed within 90 calendar days after the date of mailing or delivery of the notice; ~G. Should such owner fail to complete conversiont...Qf such sService Connections tiAes-from the overhead system to the underground system within 90 calendar days after the date of mailing or delivery of the notice, the city will order the electric and communication t1Utilities to disconnect and remove the sService ConnectionsJ.iRes; 1Q. Should tThe owner may object to the disconnection and removal of the service lines as provided in ACC 13.32.080. , he may by-filinge his a written objection thereto with the city clerk within 30 calendar days after the date of-#le mailing of the notice, and failure to object within such time will constitute a waiver of his right thereafter to object to such disconnection and removal. B. Time in consummatina such connection and disconnection of overhead services is of the essence and such notice to the property owner or occupant of the affected premises may be mailed or delivered in person. (Ord. 5043 ~ 1 (Exh. A), 1998.) 13.32.070 Mandatory disconnection and removal of overhead services. If the owner of any structure or improvement with a Service Connection served to frBm-an tAe-existing overhead electric and/or communication Utility fFacilityies within a conversion area fails to convert the Service Connection from overhead to underground tAe-service lines from such overhead facilities to such structure or improvement within 90 calendar days after the date of the mailing or delivery te him-of the notice set forth in ACC 13.32.060, the CGity Enaineer shall order the electric and/or communication t1Utilities to disconnect and remove all such sService ConnectionJ.iRes; provided, that if the owner has filed his .;Lwritten objections to such disconnection and removal with the city clerk within 30 calendar days after the mailing or deliverv of the notice, then the city shall not order such disconnection and removal until after the hearing on such objections. (Ord. 5043 ~ 1 (Exh. A), 1998.) 13.32.080 Conversion complaint and appeal review. A. A property owner may obiect to the disconnection and removal of an aerial Service Connection by filinq a written obiection thereto with the City Clerk within 30 calendar days after the date of the mailinq or deliverv of the notice set forth in ACC 13.32.060. Failure to obiect within such time will constitute a waiver of the owner's riqht thereafter to obiect to such disconnection and removal. B. Upon the timely filing by the owner of illLobjections to the disconnection and removal of the service lines pursuant to this chapter, the owner shall have the right to file an appeal of the City Enqineer's directive. which shall be heard by the City of Auburn Hearina Examiner. complaint with the public worl(!:; director as foIlO\'.'s: CA. All appeals complaints filed pursuant to this section must be filed in writing with the public works director within 10 working days of the filinq date of the owner's written objection decision being disputed;B. All complaints filed pursuant to this section and shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the city engineer's decision, which shall constitute the basis of the complaint; DG. Upon receipt of a timely written notice of an appeal complaint, the public works director shall review the materials submitted and prepare a written staff paper detailing the rationale of the city engineer's directivedectsieA- _and findings of fact for the hearing examiner; ];;Q. The public works director shall schedule the hearing in accordance with ACC 1.25.090 and Chapter 18.66 ACC and notify the contesting party of the scheduled hearing. (Ord. 5677 ~ 5, 2002; Ord. 5043 ~ 1 (Exh. A), 1998.) 13.32.090 Local improvement regulations apply. Unless otherwise provided for in RCW 35.96.010 et seq., all the general provisions related to local improvements of cities and towns shall likewise apply to local improvements for the conversion of overhead electric and communications facilities to underground facilities within the city limits. (Ord. 5043 ~ 1 (Exh. A), 1998.) 13.32.100 Violation - Penalty. Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 5043 ~ 1 (Exh. A), 1998.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided bylaw. INTRODUCED: MAR J ~ 2Q06 MAR 2 0 2006 MAR 2 0 2006 PASSED: APPROVED: --- lv _/~ R B. LEWIS, MAYOR ATTEST: ;D r--- y (\ - /l I(tt-I...i<.:i(, C NWtlo.L:J~ Danlelle E. Daskam, City Clerk Published: 3. ,21- 200'1 G.