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ORDINANCE NO. 6 2 3 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, REPEALING
CHAPTER 13.32 OF THE AUBURN CITY CODE;
ADOPTING A NEW CHAPTER 13.32A OF THE
AUBURN CITY CODE; AND AMENDING SECTIONS
13.36.090, 13.36.110, AND 13.36.130 OF THE
AUBURN CITY CODE, ALL RELATING TO
UNDERGROUND WIRING
WHEREAS, Chapter 13.32 of the Auburn City Code governs the
undergrounding of utilities within the City; and
WHEREAS, the Council finds that revisions to Chapter 13.32 are
necessary to provide clarification to the City's existing procedures for
undergrounding and to more fully address issues such as exemptions, temporary
aerial service, undergrounding requirements for private development, deferrals of
undergrounding, and requirements for property owners to underground services
related to a City initiated project; and
WHEREAS, the Council finds that the scope of such revisions makes the
repealing of ACC Chapter 13.32 and the adoption of a new Chapter 13.32A more
efficient than making wholesale changes to the existing code; and
WHEREAS, Chapter 13.36 of the Auburn City Code separately addresses
the undergrounding requirements for cable television facilities within the City; and
WHEREAS, the Council finds that Chapter 13.36 should be amended to
eliminate this duplicate undergrounding requirement and to replace several
generic references to other portions of the Auburn City Code in that Chapter with
specific citations to Titles 12, 13, and 20 of the Auburn City Code,
Ordinance No. 6238
August 11, 2009
Page 1 of 14
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
repealed. '
Section 2. Adoption of new chapter of Citv Code. That a' new
Chapter 13.32A, Underground Wiring, of the Auburn City Code be and the same
hereby is adopted to read as follows:
Chapter 13.32A
UNDERGROUND WIRING
Sections:
13.32A.010 Scope.
13.32A.020 Exceptions.
13.32A.030 Definitions.
13.32A.040 Temporary Aerial Services.
13.32A.050 Requirements - New Utility Distribution Facilities.
13.32A.060 Requirements - Existing Utility Aerial Distribution
Facilities.
13.32A.070 Requirements - Utility Service Connections.
13.32A.080 Permitting.
13.32A.090 Joint Trenches.
13.32A.100 (Not used)
13.32A.110 Financial Responsibilities - Private Development.
13.32A.120 Deferral of Underground Distribution Facilities.
13.32A.130 City Project Process and Requirements.
13.32A.140 Local improvement regulations apply.
13.32A.150 Authority.
13.32A.160 Violation - Penalty.
13.32A.010 Scope.
A. It is found and determined by the City that the general
necessity, convenience, health, safety and welfare require
that electrical and telecommunication utility facilities be
constructed underground in an orderly manner in
accordance with the requirements specified in this Chapter.
Ordinance No. 6238
August 11, 2009
Page 2 of 14
B. The scope of this Chapter is to provide policies and standard
procedures for regulation of installation, operation, and
management of all aerial and underground utility wiring and
conduits within the City of Auburn.
C. This Chapter shall apply to all electrical and
telecommunication utility facilities, including but not limited to
power, telephone and cable television facilities, within the
corporate city limits; provided, however, the facilities
identified in ACC 13.32A.020 are excepted from the
undergrounding requirements of this Chapter.
D. This Chapter clarifies the applicability of all other titles, and
all other chapters of this Title 13, of the Auburn City Code
regarding the subject of undergrounding, to foster .
management of City rights-of-way to the benefit of the public, '
and to prescribe the specific procedures and permits to be
used to regulate each activity.
E. All improvements subject to this Chapter shall also meet the
requirements of the Engineering Design and Construction
Standards of the City.
F. In addition to the provisions of this Chapter, Chapter 13.36
ACC, Cable Television, also governs the installation and
management of all underground facilities related to cable
television services and franchises within the corporate
boundaries of the City.
G. In addition to the provisions of this Chapter, ACC Title 20,
Telecommunications and Other Commercial Utilities, also
governs the installation and management of all underground
facilities related to commercial utilities and
telecommunication services and Chapter 12.24 ACC,
Construction Permits, also governs right-of-way agreements,
franchises, and leases within the corporate boundaries of the
City.
H. In the event of a conflict between the provisions of this
Chapter and other portions of the Auburn City Code, the
provisions of this Chapter shall control.
13.32A.020 Exceptions.
A. The following facilities are exempt from the undergrounding
requirements of this Chapter:
1. Electric utility substations, pad mounted transformers
and switching facilities not located on the public right-
of-way and authorized through existing or future site-
specific development approvals;
Ordinance No. 6238
August 11, 2009
Page 3 of 14
2. Electric aerial transmission facilities of a voltage of
more than 15,000 volts, including poles, wires, and
associated facilities; n
3. Street lighting and traffic control equipment as
determined necessary by the City Engineer; ,
4. Telecommunication pedestals and other equivalent
telecommunication facilities; and
5. Temporary aerial utility services for construction that
will be removed immediately upon completion of '
construction.
13.32A.030 Definitions.
The definitions of this Chapter are specific to this Chapter.
A. "Aerial" means those utility facilities which currently exist on '
poles, or which may be installed on poles within city rights-
of-way or city utility easements at a future date with the City
Engineer's approvaL
B. "Applicant" means the owner or owners of record of the
property pursuing the development or redevelopment of
property within the jurisdiction of the City.
C. "Conduit" means any pipeline, duct, or protective enclosure
used for electrical conductors, coaxial cable, multiconductor
cable, or fiber optic cable, telecommunications trunkline or
used for conveyance of gas, petroleum, or other commercial
products.
D. "Conversion" means a project being performed by the City to
convert an area of existing aerial utility facilities to
underground facilities.
E. "Conversion area" means the area that has been identified
by the City in relation to a City project that will be requiring
the aerial utility systems to be undergrounded, including all
affected utility customers.
F. "Electric utility" means any utility engaged in the business of
furnishing electric energy to the public and includes electric
companies as defined by RCW 80.04.010 and public utility
districts.
G. "Permanent Structures" means any commercial, industrial or
residential structure that is greater than 120 square feet and
is on a fixed foundation including but not limited to uses such
as offices, businesses, warehouses, homes, garages, barns,
and storage buildings.
H. "Power Distribution Facilities" means those electrical utility
facilities of less than 15,000 volts that provide direct service
to customers and are not considered transmission systems.
Ordinance No. 6238
August 11, 2009
Page 4 of 14
I. "Service connection" means utility facilities extending from a
distribution system and terminating on private property to
serve a customer or subscriber.
J. "Telecommunications" is the transmission of information by '
wire, optical cable, or other similar means, including but not
limited to telephone, cable television, and data transmission
services. As used in this definition, "information" means
knowledge or intelligence represented by any form of writing,
signs, signals, pictures, sounds, or any other symbols.
K. "Telecommunication utility" means any utility engaged in the
business of affording telecommunications services to the
public in all or part of the conversion area.
L. "Temporary Structures" means a structure that is 120 square
feet or less in size, mobile in nature and will be removed
from the site within the time frame allowed for temporary
aerial services.
M. "Utility" means those companies' providing electric power or
telecommunications services within the corporate
boundaries of the City of Auburn, Washington.
N. "Utility facility" means any and all utility-owned or operated
conduits, wires, cables, fiber optics, or other devices used to
transmit, transport, or distribute electric power or
telecommunications services, and any appurtenances
thereto.
13.32A.040 Temporary Aerial Services.
The City Engineer may allow utility service connections for
permanent structures to be temporarily located aerially for up to
180 calendar days. Extensions beyond the 180 calendar days for
temporary aerial service connections for permanent structures may
be authorized by the Public Works Committee of the City Council,
such authorizations may include financial securities or other
instruments to insure the conversion of the aerial system to an
underground system by the end of the extension period authorized.
13.32A.050 Requirements - New Utility Distribution Facilities
All new utility distribution facilities shall be underground. The
installation of all new utility facilities for subdivisions shall also meet
the requirements identified in 17.14 ACC.
Ordinance No. 6238
August 11, 2009
Page 5 of 14
13.32A.060 Requirements - Existing Utility Aerial Distribution
Facilities
A. All existing utility aerial distribution facilities shall be
undergrounded in connection with new private development
unless one of the following criteria is met:
1. The City Engineer determines that undergrounding of '
the portion of the existing aerial facilities along the
development's street frontage would require
undergrounding portions of the aerial distribution
facilities extending beyond the development's street
frontage unless an additional extension of no more
than 50 feet of the underground system is needed on
either end of the street frontage to connect to logical
points of the existing utility system; or
2. The development is the conversion of one single
family residence to a commercial use as defined in
the Residential Office zoning district, ACC Chapter
18.22; or
3. The development is a new commercial development
on a lot that is 11,000 square feet or smaller in area
and located in the RO, CN, C1, or C3 zone; or
4. The development is wholly interior improvements to
an existing building; or
5. The development is an addition, alteration or repair of
an existing building structure, where the building
permit valuation per ACC 15.07.080 is less than 50%
of either;
a. The assessed value of the existing building
structure(s) on the subject property as
determined by the most current property
assessment by the County Assessor of the
County in which the property is located; or
b. The value of the existing building structure(s)
as determined by an appraisal performed by an
MAI appraiser certified by the State of
Washington, which appraisal shall be paid for
and provided by the property owner.
B. Repairs to an existing utility aerial service facility may be
made aerially.
C. For City projects, the City Council shall determine whether
the undergrounding of existing aerial utility distribution
facilities shall be required in association with the City project.
Ordinance No. 6238
August 11, 2009
Page 6 of 14
13.32A.070 Requirements - New Utility Service Connections
A. All new utility service connections shall be underground
unless one of the following criteria is met:
1. The existing distribution system and any service
connections serving the customer or subscriber are
aerial and the building, structure, or facility to be
served is new construction, an addition, alteration, or
repair where the building permit valuation per ACC
15.07.080 is under $20,000 in value.
2. The installation of a new or replacement service
connection in an area where the existing utility '
distribution facility and/or existing service connection
is aerial and meeting at least one of the following
criteria:
a. The construction of a single family residence
on an existing platted lot; or
b. The conversion of one single family residence
to a commercial use as defined in the
Residential Office zoning district, ACC Chapter
18.22; or
c. A new commercial development on a lot that is
11,000 square feet or smaller in area and
located in the RO, CN, C1, or C3 zone; or
d. Wholly interior improvements made to an
existing building; or
e. For existing building structures, where the
building permit valuation per ACC 15.07.080 of
an addition, alteration, or repair to the existing
structure is less than 50% of either:
i. The assessed value of the existing
building structure(s) on the subject
property as determined by the most
current property assessment by the
County Assessor of the County in which
the property is located; or
ii. The value of the existing building
structure(s) as determined by an
appraisal performed by an MAI
appraiser certified by the State of
Washington, which appraisal shall be
paid for and provided by the property
owner.
Ordinance No. 6238
August 11, 2009
Page 7 of 14
13.32A.080 Permitting.
All permits for the installation of aerial and underground
utility facilities within existing City rights-of-way or easements shall
be processed and reviewed under Chapter 12.24 ACC,
Construction Permits.
13.32A.090 Joint Trenches
Where several underground utilities are planned or required
in the same alignment, the utilities shall use a joint trench for such
facilities unless demonstrated to the satisfaction of the City
Engineer that a joint trench is not feasible.
13.32A.110 Financial Responsibilities - Private Development
For private development, the cost of constructing new
underground utility facilities, or relocating existing aerial facilities
underground, shall be borne by the serving utilities, the owners of
the real property to be served or others requesting such
underground services in accordance with the applicable filed tariffs
or the rules and regulations or the published policies of the
respective utilities furnishing such service or as may be
contractually agreed upon befinreen the utility and such owner or
applicant.
In addition, all such conversion of electric and
telecommunication utility facilities 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.
13.32A.120 Deferral of Underground Distribution Facilities.
A. The City Engineer may grant a deferral for some or all of the
undergrounding of utility distribution facilities otherwise
required pursuant to this Chapter following the procedures
identified in ACC 12.64A.050, Deferral and Fee in Lieu of
Improvements. The City Engineer's decision regarding such
a deferral will be based on meeting the following criteria
rather than those listed in ACC 12.64A.050:
1. There is a pending City 6 year TIP Project or an
adjacent developer planned project which would
affect the proposed area of undergrounding of the
existing aerial facilities; or
2. A Franchisee is expanding their existing aerial system
as a secondary tenant on an existing aerial system
(the undergrounding of the expansion will not
eliminate the existing aerial system); or
Ordinance No. 6238
August 11, 2009
Page 8 of 14
3. All of the following conditions are met:
a. There are other properties abutting or across
the street from the subject property that have
aerial utility facilities; and
b. The establishment or continuation of aerial
utility facilities for the period of the deferral will '
not adversely affect or delay other properties
that may have to provide or convert to
undergrounding utility improvements within the
public right-of-way; and
c. There are technological difficulties associated
with converting to or providing undergrounding
utility improvements for the subject property as
demonstrated to the satisfaction of the City
Engineer.
6. An applicant whose request has been denied may appeal
the denial following the procedure as identified in ACC
12.64A.060, Appeal and Enforcement.
13.32A.130 City Project Process and Requirements.
A. City Responsibilities.
1. When service from underground electric and
telecommunication utility facilities becomes available
in all or part of a conversion area, the City Engineer
shall issue a directive to the owners of all structures
or improvements with service connections to the
existing or temporary overhead utility facilities in the
area by means of mailing a certified notice stating
that:
a. Service from the underground utility facilities is
available;
b. To facilitate completion of the City's project, all
electric and telecommunication service
connections from the existing aerial utility
facilities within the area to any structure or
improvement must be decommissioned,
disconnected and removed within 90 calendar
days after the date of mailing;
c. Should such owner fail to complete conversion
of such service connections from the aerial
system to the underground system within 90
calendar days after the date of mailing, the City
will order the electric and telecommunication
Ordinance No. 6238
August 11, 2009
Page 9 of 14
utilities to disconnect and remove the service
connections;
d. The owner may object to the disconnection and
removal of the service lines as provided in
ACC 13.32A.130. D.
2. Time in consummating such connection and
disconnection of aerial services is of the essence and
such notice to the property owner or occupant of the
affected premises may be mailed.
B. Property Owner's Responsibilities.
1. Such conversion of the service connection, including
installation of any underground service connections,
shall be completed within 90 calendar days of the
city's mailing set forth in ACC 13.32A.130.A and RCW
35.96.050 that service from the underground utility
facilities is available.
2. Property owners wishing to discontinue utility service
shall provide written notice of that intent to the City
Engineer within 30 calendar days of receipt of the City
Engineer's notice that the underground system is
available for service.
3. If the owner of any structure or improvement with a
service connection to an existing aerial electric and/or
telecommunication utility facility within a conversion
area fails to convert the service connection from aerial
to underground service within 90 calendar days after
the date of the mailing of the notice set forth in ACC
13.32A.130.A, the City Engineer shall order the
electric and/or telecommunication utilities to
disconnect and remove all such service connection;
provided, that if the owner has filed written objections
to such disconnection and removal with the city clerk
within 30 calendar days after the mailing , then the
City shall not order such disconnection and removal
until after the appeal hearing on such objections.
C. Financial Responsibilities.
1. For City projects, the cost of relocating existing utility
aerial distribution facilities shall be borne by the
serving utility and the City in accordance with the filed
tariffs or franchise agreement. In absence of a filed
tariff or franchise agreement, the cost of the relocation
of.existing aerial distribution facilities shall be borne
by the serving utility.
Ordinance No. 6238
August 11, 2009
Page 10 of 14
2. For City projects, the undergrounding of the service
connections for real property served by the aerial
electric or telecommunication utility facilities that are
being relocated underground shall be at the
owner(s)'s expense, including:
a. Decommission, disconnect, and remove the
service connections from those utility facilities
to any structures or improvements located on
the property.
b. Either install underground service connections
to those structures/improvements on the
property or, upon approval of the city engineer,
discontinue utility service to one or more of the
structures/improvements on the property.
3. All such conversion of utility facilities 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.
D. Appeal Procedures.
1. A property owner may object to the disconnection and
removal of an aerial service connection by filing a
written objection thereto with the City Clerk within 30
calendar days after the date of the mailing of the
notice set forth in ACC 13.32A.130.A. Failure to
object within such time will constitute a waiver of the
owner's right thereafter to object to such
disconnection and removal.
2. Upon the timely filing by the owner of an objection,
the owner shall have the right to file an appeal of the
city engineer's directive, which shall be heard by the
city of Auburn Hearing Examiner.
3. All appeals filed pursuant to this section must be filed
in writing with the Public Works Director within 10
working days of the filing date of the owner's written
objection 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.
4. Upon receipt of a timely written appeal, the Public
Works Director shall review the materials submitted
and prepare a written staff report detailing the
rationale of the City Engineer's directive and findings
of fact for the hearing examiner.
Ordinance No. 6238
August 11, 2009
Page 11 of 14
5. The Public Works Director shall schedule the hearing
in accordance with Chapter 18.66 ACC and notify the
contesting party of the scheduled hearing.
13.32A.140 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 aerial electric and telecommunication facilities to underground
facilities within the city limits.
13.32A.150 Authority.
The City Engineer or designee shall be responsible for the
application of this Chapter related to public rights-of-way.
The Building Official or designee shall be responsible for the
application of this Chapter related to real property.
13.32A.160 Violation - Penalty.
Any violation of this Chapter shall be enforced pursuant to
the provisions of Chapter 1.25 ACC.
Section 3. Amendment to Citv Code. That Section 13.36.090 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.36.090 Technical standards and maintenance.
A. Subject to federal, state and local law, a franchisee shall comply
with FCC Rules, Part 76, Subpart K, Section 76.601 through 76.610
and as amended, hereafter, and, at the minimum, the following:
1. Applicable city, county, state and national/federal codes,
laws and regulations;
2. Applicable utility joint attachment practices;
3. The National Electric Safety Code; ANSI C2;
4. Local utility code requirements;
I 5. Local rights-of-way procedures in accordance with ACC
Titles 12 13 and 20.
B. A comprehensive routine preventive maintenance program shall be
developed, effected and maintained to ensure continued top quality
cable communications operating standards in conformance with
FCC Regulations Part 76 and amendments thereto. (Ord. 4625 § 2,
1993.)
Ordinance No. 6238
August 11, 2009
Page 12 of 14
Section 4. Amendment to Citv Code. That Section 13.36.090 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.36.110 Construction standards.
All facilities constructed pursuant to the provisions of this
chapter shall be placed and maintained at such places and
positions in or upon such streets, avenues, alleys and public places
as shall not interfere with the passage of traffic and the use of
adjoining property, and shall conform to the applicable sections of
the National Electrical Code, codes of the state of Washington and
~ ACC Titles 12 and 13 r.*ty--FegulatiEeR-s-pertaining to such
construction. (Ord. 4625 § 2, 1993.)
Section 5. Amendment to Citv Code. That Section 13.36.130 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.36.130 Undergrounding and landscaping.
Undergrounding of all utility facilities will meet the
requirements of ACC 13.32A.
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. (Ord. 4625 § 2, 1993.)
Section 6. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Ordinance No. 6238
August 11, 2009
Page 13 of 14
Section 7. Severabilitv. 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 8. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED: AUG 17 2009
PASSED: AUG 17 2009
APPROVED: A(1G 17 2009
O
,
.
_
TER B. LEWIS
MAYO R
ATTEST:
1
Danielle E. Daskam, City Clerk
APP ~V'ED ORM: }
Da e. e, ity Atto ey
Published:
Ordinance No. 62
August 11, 2009
Page 14 of 14