HomeMy WebLinkAbout6797 (3)ORDINANCE NO. 6797
-- AN -ORDINANCE Of THE CITY -COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO UPDATING THE
PROVISIONS FOR FRANCHISES, CONSTRUCTION, AND
UNDERGROUNDING REQUIREMENTS FOR
TELECOMMUNICATIONS, CABLE, AND UTILITIES
CONSISTENT WITH CURRENT FEDERAL AND STATE
REGULATIONS, AND AMENDING CHAPTERS 12.24, 12.32,
AND 13.32A OF THE AUBURN CITY CODE
WHEREAS, the City of Auburn adopted Ordinance No. 5034 on January 5, 1998
enacting Title 20 entitled "Telecommunications and Other Commercial Utilities" pursuant
to Federal and State regulations; and
WHEREAS, the City of Auburn adopted Ordinance No. 4625 on May 5, 1993
enacting Chapter 13.36 entitled "CATV Systems" pursuant to Federal and State
regulations; and
WHEREAS, the City of Auburn adopted Ordinance No. 5042 on January 5, 1998
creating a new Chapter 12.24 of the Auburn City Code entitled "Construction Permits"
relating to the procedures for application and approval of construction permits within the
public ways or on public property; and
WHEREAS, the City of Auburn created Chapter 12.32 of the Auburn City Code
entitled "Sidewalk Obstructions" in 1957; and
WHEREAS, the City of Auburn adopted Ordinance No. 6238 on August 25, 2009
creating a new Chapter 13.32A of the Auburn City Code entitled "Underground Wiring"
and amending certain section of Chapter 13.36 relating to undergrounding for cable
facilities; and
Ordinance No. 6797
October 26, 2020
Page 1 of 4
Rev. 2019
WHEREAS, the City has made only minor updates as necessary throughout the
entire Auburn City Code since the adoption of Ordinance Nos. 4625, 5034, 5042, and
6238 as it relates to the constructions, undergrounding, permitting and regulation of
telecommunications, cable and other utilities in the public ways and on city and public
property; and
WHEREAS, due to changes in Federal and State regulations that govern the
regulation of such industries and their presence within the City, it is necessary to update
the Auburn City Code in all titles, chapters and sections that authorize, regulate, affect or
otherwise govern the review, construction, placement and siting of such
telecommunications, cable and other utility facilities in the public ways and on city
property or facilities; and
WHEREAS, the City also seeks to clarify and update terms, procedural
requirements and approval processes for permits, franchises, leases and licensing for
telecommunications, cable and other utility facilities placed in the public ways and on city
owned property or facilities
WHEREAS, the proposed amendments and changes to the Auburn City Code that
are the subject of this Ordinance were also subject to state agency review by the
Washington State Department of Commerce on or about October 9, 2020; and
WHERAS, the proposed amendment and changes to the Auburn City Code that
are the subject of this Ordinance were also subject to State Environmental Policy Act
review and decision issued October 19, 2020.
Ordinance No. 6797
October 26, 2020
Page 2 of 4
Rev. 2019
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 12.24 of the Auburn City Code
is amended to read as shown in Exhibit A.
Section 2. Amendment to City Code. Chapter 12.32 of the Auburn City Code
is amended to read as shown in Exhibit B.
Section 3. Amendment to City Code. Chapter 13.32A of the Auburn City Code
is amended to read as shown in Exhibit C.
Section 4. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 5. 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 of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 6. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law, or on
January 1, 2021, whichever is later.
INTRODUCEDD[=C 2 v� 0
PASSED: D' EC 2 1 2020
APPROVED: DEC -2 1 202
Ordinance No. 6797
October 26, 2020
Page 3 of 4
INaW411K
ATTEST:
Shawn Campbell, MMC,A,ity Clerk
MW
APPROVED AS TO FORM:
Kendra Comeau, City Attorney
Published: DM 3e12- 2 12020
Ordinance No. 6797
October 26, 2020
Page 4 of 4
Rev. 2019
ORDINANCE 6797
EXHIBIT A
Chapter 12.24
CONSTRUCTION PERMITS
Sections:
12.24.010
Required.
12.24.020
Applications.
12.24.030
Engineer of record.
12.24.040
Traffic -control plan.
12.24.050
Performance bond.
12.24.060
Permit — Fee.
12.24.070
Construction codes.
12.24.080
Decision — Permit term.
12.24.090
Contest of city engineer's decision.
12.24.100
Compliance with permit.
12.24.110
Display of permit.
12.24.120
Survey of underground facilities.
12.24.130
Noncomplying work.
12.24.140
Record drawings.
12.24.150
Restoration after construction.
12.24.160
Standards for construction.
12.24.170
Permittee's liability.
12.24.180
Release of construction surety.
12.24.190
Violation — Penalty.
12.24.200
Responsibilities of the owner.
12.24.010 Required.
All persons, including, but not limited to, franchise utilities, corporations, firms,
companies, individuals, government agencies or officials, or any organization of any
ORD 6797
EXHIBIT A
PAGE 1 of 11
kind, who propose to install overhead or underground facilities, perform construction,
or excavate in the public wayin e the urfaGe of aRY Gitystreet, sidewalk or cur"T�
street or alley in the Gi+„ „r anroee nits, or PUblir proper#" must obtain a construction
permit to do so from the city engineer prior to any proposed work. Use of, or
construction on city property requires a lease, license, or city authorization. in the
over,# of any oenfliot "Regarding the following: 1) permitting of any work within
the public ways and 2) lease, license, or authorization by the city for use or
construction on city property, in the event of any conflict er oity easements with any
other chapter of this code, the procedures set forth in this chapter shall take
precedence.
A. Prior to applying for a permit for construction or installation of facilities within the
64y-L-�public ways the applicant will obtain any business regic�gt -license, and/or
franchise, andier right of way agreement required in accordance with AGG Titles 5
and 20 ACC.
B. Prior to applying for a permit for use of or the construction of approved facilities
on city -owned or public property the applicant shall obtain a facilities lease or license
agreement from the city in accordance with ASC -Title 20 ACC. The city council
reserves unto itself the sole discretion to lease city property for any purpose, and no
vested or other rights shall be created by this section or any provision of this chapter
applicable to such facilities leases.
C. This chapter does not apply to utility permits issued under AGS Title 13 ACC.
(Ord. 5042 § 1 (Exh. C), 1998.)
12.24.020 Applications.
Applications for construction permits shall be submitted to the city engineer upon
forms to be provided by the city and shall be accompanied by drawings, plans,
specifications, performance bond valued at 125 percent of the estimated cost of work
ORD 6797
EXHIBIT A
PAGE 2of11
including landscape and restoration work anticipated, and a brief narrative
description of the project scope in sufficient detail to demonstrate:
A. The identity of the applicant, including all affiliates of the applicant;
B. A description of the services that are or will be offered or provided by the
applicant to others;
C. Preliminary engineering plans, specifications and a network map of the facilities
to be located within the city, all in sufficient detail to identify:
1. The location and route requested for applicant's proposed facilities;
2. The location of all overhead and underground public utility,
telecommunications, cable, water, sewer drainage and other facilities in the
public way along the proposed route;
3. The location(s), if any, for interconnection with the facilities of other carriers;
4. The specific trees, structures, improvements, facilities and obstructions, if
any, that applicant proposes to temporarily or permanently remove or relocate;
5. The location of all facilities to be constructed within or immediately adjacent
to the public ways on private property. Where use of private property is involved
proof of easements will be required prior to permit issuance;
6. The location of all survey monuments which maybe displaced or disturbed by
the proposed construction;
7. In addition to the other requirements stated herein, the city engineer may
require the plans to conform to general plan requirements as specified in the
Engineering Design Standards, including the requirement that the plans are
stamped by a profession engineer licensed in the State of Washington.
D. If applicant is proposing to install overhead facilities, evidence that surplus space
is available for locating its facilities on existing utility poles along the proposed route;
ORD 6797
EXHIBIT A
PAGE 3 of 11
E. If applicant is proposing an underground installation in existing ducts or conduits
within the public ways, information in sufficient detail to identify:
1. The excess capacity currently available in such ducts or conduits before
installation of applicant's facilities;
2. The excess capacity, if any, that will exist in such ducts or conduits after
installation of applicant's facilities; and
3. Evidence of ownership or a right to use such ducts or conduits;
F. If applicant is proposing an underground installation within new ducts or conduits
to be constructed within the public ways:
1. The location proposed for the new ducts or conduits; and
2. The excess capacity that will exist in such ducts or conduits after installation
of applicant's facilities;
G. A preliminary construction schedule and completion date;
H. Information to establish that the applicant has obtained all other governmental
approvals and permits to construct and operate the facilities, and to offer or provide
the services proposed, including, but not limited to, evidence that the applicant has
registered the Washington Utilities and Transportation Commission where applicable;
I. A permit fee as determined in ACC 12.24.060;
J. Proof of ability to meet city's bonding requirements as set forth in ACC 12.24.050
when the permittee does not have an existing standing bond on file with the city
sufficient to cover the scope of work proposed; and
K. Demonstration that the facilities will be constructed in accordance with city
standards and all other applicable codes, rules and regulations. (Ord. 5042 § 1 (Exh.
C), 1998.)
ORD 6797
EXHIBIT A
PAGE 4of11
12.24.030 Engineer of record.
Permit applications shall be accompanied by drawings, plans and specifications and
identification of the name, telephone number, and address of the engineer having
responsible charge of the scope of work covered by the permit. (Ord. 5042 § 1 (Exh.
C), 1998.)
12.24.040 Traffic -control plan.
All permit applications which involve work on, in, under, across, or along any public
ways shall be accompanied by a traffic -control plan demonstrating the protective
measures and devices that will be employed, consistent with the latest edition of
Manual on Uniform Traffic -Control Devices (MUTCD), as adopted by the Model
Traffic Ordinance (ACC 10.04.010) and RCW 47.36.020 to prevent injury or damage
to persons or property and to minimize disruptions to pedestrian and vehicular traffic.
(Ord. 5042 § 1 (Exh. C), 1998.)
12.24.050 Performance bond.
All performance bonds for work in public ways shall satisfy the minimum standards
established in the city's standaFd speGifiGationcEngineering Design and Construction
Standards as adopted in Chapter 12.04 ACC. Unless otherwise provided in a rig
way agreemeRt, permit, franchise, or lease agreement, a performance bond written
by a corporate surety acceptable to the city equal to at least 125 percent of the
estimated cost of removing the grantee's, permittee's, franchisee's, or lessee's
equipment and facilities and restoring the public ways e#the-Gity and/or city -owned
property to its substantially equivalent preconstruction condition shall be deposited
before any construction is commenced. Said bond shall be required to remain in full
force until 60 days after completion of the construction and/or improvements within
the public ways of tharZhe Gity or upon city -owned property as determined by the city
engineer, and shall warrant all such restoration work for a period of one year by
reduction to an amount approved by the city engineer in the approximate amount of
ORD 6797
EXHIBIT A
PAGE 5 of 11
10 percent of the original value of the performance bond during the period of
warranty. The purpose of this bond is to guarantee removal of partially -completed
work and/or nonconforming facilities, to fully restore the public ways of the Gity
city -owned property to its substantially equivalent preconstruction condition, and/or to
cover unexpected deterioration of pavement structures precipitated by the gFaatee's
permittee's, franchisee's, or lessee's work, and any other permitting requirements
established in the permit as required by the city engineer. (Ord. 5042 § 1 (Exh. C),
1998.)
12.24.060 Permit — Fee.
A. The city engineer shall have charge of issuing construction permits to all persons
upon the application for the permit to perform any work within the G#y! -public ways,
easements, of upen nit y nr publin pmperty. The nit y engineer shall pFevide applinatien
forms to he nmmpleted by each applir„n+ Prior to permit issuance, the city engineer
or designee shall assure that a fee for the permit is deposited with the finance
department.
The fees shall be as shown in the GCity of Auburn adopted fee schedule
by Qrdinanre 5707 and gni amendments thereto.
B. The permit fee will be collected at the time the permit is issued or other time as
may be established by the city engineer. Upon approval of the application by the city
engineer, a permit will be issued to the person paying for the permit. (Ord. 5817 § 4,
2004; Ord. 5042 § 1 (Exh. C), 1998.)
12.24.070 Construction codes.
All construction within G#y-public ways or easements shall comply with the city's
Engineering Design and Construction Standardsstireet stand as established in
Chapter 12.04 ACC. (Ord. 5042 § 1 (Exh. C), 1998.)
ORD 6797
EXHIBIT A
PAGE 6of11
12.24.080 Decision — Permit term.
After submission of all plans and documents required of the applicant and payment of
the permit fees required by this chapter, the city will determine whether the
applications, plans and documents comply with all requirements of this chapter. Once
all city requirements are met the city shall issue a permit authorizing construction of
the facilities, subject to such further conditions, restrictions or regulations affecting
the schedule, place and manner of performing the work as may be necessary or
appropriate in the interest of public safety or welfare. The permit to be issued by the
city engineer shall be valid only for the time designated on the permit. The city
engineer shall designate the length of time that the permit shall be valid at the time
the permit is issued. The city engineer shall exercise their discretion and shall have
the sole power to decide whether or not a permit shall be issued at that time,
providing that the decision of the city engineer may be changed by the city council
upon the review of the merits of a complaint of any person being denied such a
permit.
If the applicant does not take action in good faith, the application will be considered
abandoned after 180 days of non -action. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.090 Contest of city engineer's decision.
Any person aggrieved by the granting or denying of a construction permit pursuant to
this chapter shall have the right of review by the public works director as follows:
A. All complaints filed pursuant to this section must be filed in writing with the public
works director within 10 working days of the date of the decision being contested;
B. All complaints filed pursuant to this section 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;
C. Upon receipt of a timely written notice of complaint, the public works director
shall review the materials submitted and determine whether to uphold or modify the
ORD 6797
EXHIBIT A
PAGE 7of11
city engineer's decision. If, in the public works director's judgment, the city engineer's
decision should be amended in favor of resolving the complaint, they shall so direct
the same. If the director upholds the city engineer's decision, they shall prepare a
written staff paper detailing the rationale of the city engineer's decision and findings
of fact for conduct of a hearing by the hearing examiner;
D. The public works director shall schedule the hearing before the hearing examiner
in accordance with Chapter 2.46 ACC and notify the contesting party of the
scheduled hearing in accordance with ACC 18.70.040. (Ord. 6442 § 6, 2012; Ord.
5677 § 4, 2002; Ord. 5042 § 1 (Exh. C), 1998.)
12.24.100 Compliance with permit.
All construction practices and activities shall be in accordance with the permit and
approved final plans and specifications for the facilities. The city shall be provided
access to the work and such further information as may be required to ensure
compliance. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.110 Display of permit.
The permittee shall maintain a copy of the construction permit and approved plans at
the construction site, which shall be displayed and made available for inspection by
the city inspector at all times when construction work is occurring. (Ord. 5042 § 1
(Exh. C), 1998.)
12.24.120 Survey of underground facilities.
If the construction permit specifies the location of facilities by depth, line, grade,
proximity to other facilities or other standard, the permittee shall cause the location of
such facilities to be verified by a state -registered land surveyor. The permittee may
ORD 6797
EXHIBIT A
PAGE 8 of 11
be required to relocate any facilities which are not located in compliance with permit
requirements at permittee's expense. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.130 Noncomplying work.
Upon order of the city engineer, all work which does not comply with the permit, the
approved plans and specifications for the work, or the city's stanr:nrds ;;R
Engineering Design and Construction Standards as established in
Chapter 12.04 ACC shall be remedied to comply with standards or removed at
permittee's expense. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.140 Record drawings.
Within 630 days after completion of construction or in ^^orrJg^^e with a separate
agreement with the ^ity engineer the permittee shall furnish the city with ^ Geuter
mak-record construction drawings in accordance with the city Engineering
Design and Construction Standards. AutoGadd drawing file format -and a Gernplete set
Media of said re^ord rdFawinge ^oncictent with ^ity Godes and pe"Gies (Ord. 5042 § 1
(Exh. C), 1998.)
12.24.150 Restoration after construction.
Upon completion of any construction, maintenance, or repair work, the permittee
shall promptly repair any and all public and private property improvements,
landscaping, fixtures, structures, and facilities in the public or other ways or otherwise
damaged during the course of construction, restoring the same as nearly as
practicable to its condition before the start of construction, except pavement
restoration and pedestrian facility upgrade requirements for ADA compliance, which
ORD 6797
EXHIBIT A
PAGE 9 of 11
both shall be restored and/or upgraded per the Engineering Design and Construction
Standards. All survey monuments disturbed or displaced shall be referenced and
replaced as required by Chapter 332-120 WAC and the Engineering Design and
Construction StandardsAwburn beRGhmark system cop-nnd- „r,18r fiF6t G�,��
speGifiGati ns The referencing and replacement of survey monuments shall be
performed by a licensed land surveyor. All trees, landscaping and grounds removed,
damaged or disturbed as a result of the construction, installation, maintenance,
repair, or replacement performed by the permittee shall be replaced or restored, as
nearly as may be practicable, to the condition existing prior to performance of work.
The city engineer or designee shall have final approval of the completeness of all
restoration work. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.160 Standards for construction.
All work within the public ways will comply with the Engineering Design and
Construction Standards. The additional terms under which the construction and/or
the repair thereof are to be made by the permittee shall be stated and printed on the
permit. The city will inspect the construction site before and after the construction to
assure the permittee has completely repaired the area to the satisfaction of the city.
Any person or persons who fail to comply with the city's permit by not completing
repairs thereof in accordance with the requirements of the city shall not be granted
any further permits requested in future applications until such time as the repairs and
restoration are completed to the city's satisfaction or, if approved by the city engineer,
the cost of the proper repair and restoration GF GGRGtFUGt has been fully paid for by
the permittee. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.170 Permittee's liability.
Any person regulated under this chapter shall be liable to the city for all losses or
damages claimed by any persons as a result of the negligence or failure of the
person securing a permit to take all necessary precautions to protect the public and
ORD 6797
EXHIBIT A
PAGE 10 of 11
the city in the performance of any construction activities. (Ord. 5042 § 1 (Exh. C),
1998.)
12.24.180 Release of construction surety.
Upon completion of work and associated restoration work and payment of all fees to
the satisfaction of the city engineer or designee, the performance bond will be
released. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.190 Violation — Penalty.
Any violation of this chapter shall be enforced pursuant to the provisions of Chapter
1.25 ACC. (Ord. 5042 § 1 (Exh. C), 1998.)
12.24.200 Responsibilities of the owner.
The owner of the facilities to be constructed and, if different, the grantee, franchisee;
or lessee is responsible for performance of and compliance with all provisions of this
chapter. (Ord. 5042 § 1 (Exh. C), 1998.)
ORD 6797
EXHIBIT A
PAGE 11 of 11
ORDINANCE 6797
EXHIBIT B
Chapter 12.32
SIDEWALK OBSTRUCTIONS
Sections:
12.32.010
Sidewalk use restriction.
12.32.020
Prohibitions.
12.32.030
Prohibition exemptions.
12.32.040
Building code provisions apply.
12.32.050
Violation — Penalty.
For statutory provisions authorizing third-class cities to manage and control
sidewalks and to remove obstructions therefrom, see RCW 35.24.290(3); for
provisions granting a code city all powers of any city of any class, see RCW
35A.21.160.
12.32.010 Sidewalk use restriction.
All sidewalks in the public streets, alleys and places in the city, for the full width
thereof, are exclusively for the use of pedestrians, and shall be used for no other
purpose whatsoever except as hereinafter provided and except for the use of
bicycles. (Ord. 2983 § 1, 1976; 1957 code § 8.18.010.)
12.32.020 Prohibitions.
It is unlawful for any person, firm or corporation, or for any agent, representative,
servant or employee thereof, to deposit, place, erect or maintain, or cause to be
deposited, placed, erected or maintained, upon any sidewalk located in any public
street, alley or place of the city, or upon any portion of such sidewalk, any bench,
ORD 6797
EXHIBIT B
PAGE 1 of 3
chair, rack, stand, structure, sign, merchandise or other object, except as approved
by the city engineer, or to place, erect or maintain, or cause to be placed, erected or
maintained, over such sidewalk, or over any portion of such sidewalk, any structure,
sign or other object at such height or in such manner as to prevent or interfere with
the free and unobstructed use of all of such sidewalk by pedestrians. (Ord. 6532
§ 16, 2014; 1957 code § 8.18.020.)
12.32.030 Prohibition exemptions.
The provisions of this chapter shall not prohibit the placing or maintaining of signs,
notices or orders of the city council or the police department of the city, er t#p'g
and maiRtaining of flags of the United States of ArneFiGa er the state, or the plaGiRg
the rlireGtien of the Ghief of neline er the city GGunGil, nor shall the provisions of this
chapter prohibit the expeditious moving of freight and merchandise in the loading or
unloading thereof, across sidewalks, if such is done with the least possible
obstruction to the free use of such sidewalks by pedestrians pursuant to a franchise
or permit;
. ranTssrs�le�rsr_rr_Tr_snn�:��:mrs�rana:rsrr_enc�l�a:e�:♦_r. _triaRs. (1957 code
. 8.18.030.)
12.32.040 Building code provisions apply.
This chapter is subject to the provisions of Title 15 ACC.p, �*o�s#+e;e
USe of n„hlin streets and nreier•fien6 ever publiG nrenerty, and mere paFtir•Wlar y
ORD 6797
EXHIBIT B
PAGE 2 of 3
nnnflint with the pFeyisinns of this Ghapter. (Ord. 2984 § 1, 1976; 1957 code
§ 8.18.050.)
12.32.050 Violation — Penalty.
Any violation of this chapter shall be enforced pursuant to the provisions of Chapter
1.25 ACC. (Ord. 4502 § 5, 1991; 1957 code § 8.18.040.)
ORD 6797
EXHIBIT B
PAGE 3 of 3
ORDINANCE 6797
EXHIBIT C
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 — New utility service connections.
13.32A.080
Permitting.
13.32A.090
Joint trenches.
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.
ORD 6797
EXHIBIT C
PAGE 1 of 13
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 eXGepte -exempt from the undergrounding requirements of this chapter.
D. This chapter clarifies the applicability of all other titles, and all other chapters of
this title, 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 13.3620.06 ACC, CAT�
c"�Cable Franchises, 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, ASGTitle 20 ACC,
T^lo^^mmuni^ntwenc and Other Gemmer6al l lW42esFranchises. Cable Franchi
and Leases, also governs the installation and management of all underground
facilities related to ^^tumor^;,' utilities and telecommunication services and Chapter
12.24 ACC, Construction Permits, also governs right _ef_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. (Ord.
6238 § 2, 2009.)
ORD 6797
EXHIBIT C
PAGE 2 of 13
13.32A.020 Exceptions.
With the approval of the city engineer, the following utility facilities are exempt from
the undergrounding requirements of this chapter:
A. 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;
B. Electric aerial transmission facilities of a voltage of more than 15,000 volts,
including poles, wires, and associated facilities;
C. Street lighting and traffic control equipment as determined necessary by the city
engineer;
D. Telecommunication pedestals and other equivalent telecommunication facilities
including those parts of Wireless Communications Facilities which by their nature
cannot function underground;
E. Temporary aerial utility services for construction that will be removed immediately
upon completion of construction; and
F. New facilities installed on existing poles with other aerial facilities attached,
except if the existing attached aerial facilities consist only of electric transmission
facilities of a voltage of more than 15,000 volts in which case the new facilities are
not exempt unless other exemptions listed in this chapter apply.Af aRGhise-
System not related to a Rew private development prejeGt wheFe the unrdernrnUndiRg
of the ovn�ncinn niill nnf eliminate the ovicfinn norinl r`ve+tom (Ord. 6520 § 1, 2014;
Ord. 6238 § 2, 2009.)
These exemptions do not affect the obligation for any facility to relocate when
required to do so by any section of the ACC.
ORD 6797
EXHIBIT C
PAGE 3 of 13
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, or facility owner
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 structure" 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.
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W. "Service connection" means utility facilities extending from a distributieRutility
system and terminating on private property to serve a customer or subscriber.
JI. "Telecommunications" is the transmission of information by wire, radio, optical
cable, electromagnetic, 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.
MUM ME Uff.m.-mm-IMM MO.
MK. "Utility or Utilities" means those companies providing electric power, cable, or
telecommunications services within the corporate boundaries of the city of Auburn,
Washington.
NL "Utility facility" shall mean the definition contained in ACC 20.02.020.rneans any
. s, and any appuftenanGes . (Ord. 6238 § 2, 2009.)
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,.- and may grant an additional
G..+;s extension not to exceed hoya 180 calendar days for temporary
aerial service connections for permanent structures. may be auth^rize d by the publin
works CGmmittee ^f the EityGGURGn; SUGh-Such authorizations may include financial
securities or other instruments to ensure the conversion of the aerial system to an
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underground system by the end of the extension period authorized. (Ord. 6238 § 2,
2009.)
13.32A.050 Requirements — New utility distribution facilities.
Unless exempted by ACC 13.32A.020 A11 -all new utility di6tFibutienfacilities shall be
underground. The installation of all new utility facilities for subdivisions shall also
meet the requirements identified in Chapter 17.14 ACC. (Ord. 6238 § 2, 2009.)
13.32A.060 Requirements — Existing "+ aerial utility distFibutieRfacilities.
A. Any applicant triggering the requirement for public improvements per Chapter
12.64A ACC shall be responsible for converting all non-exempt aerial facilities on the
parcel(s) associated with the permitted actions to underground unless All
private deye'„nmon+ i in1occany eRe-of the following criteria is met:
1 The city engineer determines that undeFgFoundino of the portion of the
development'sex0stmng aerial far-n-alities aleng the development's street frn-Atage would FeqUiFe
nonnont +o 'GgiGal Pointe of the existing utility C.,Q+omThe development is a single
family residence on a platted lot; or
2. The development is the conversion of one single-family residence to a
commercial use as defined in the R -O, reciarResidential e##+se-Office zoning
district, Chapter 18.22 18.35 ACC; 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, DUC, CN, G1, C -2, -or C-3
zone; or
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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 AGG 15.07.09OChapter 15.07
ACC is less than 50 percent 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 Gity GGYRnil shall determine whether the undergrounding of
existing aerial utility distribution facilities shall be FequiFed in aS6E)Giatien with the pity
r,as identified in the Capital Facilities Plan. (Ord. 6238 § 2, 2009.)
13.32A.070 Requirements — New utility service connections.
All new utility service connections shall be underground unless one of the following
criteria is met:
A. The existing distribUtlGRutility 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 Chapter 15.07 ACC is under $20,000 in value.
B. 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:
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1. The construction of a single-family residence on an existing platted lot or the
addition of an accessory dwelling unit on an existing residential lot; or
2. The conversion of one single-family residence to a commercial use as
defined in the residential office zoning district, Chapter 18.2218.35 ACC; or
3. A new commercial development on a lot that is 11,000 square feet or smaller
in area and located in the RO, DUC, CN, C_1, C-2 or C-3 zone; or
4. Wholly interior improvements made to an existing building; or
5. For existing building structures, where the building permit valuation per AOS
9Chapter 15.07 ACC of an addition, alteration, or repair to the existing
structure is less than 50 percent 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. (Ord.
6238 § 2, 2009.)
13.32A.080 Permitting.
All permits for the installation of aerial and underground utility facilities within existing
Gity rights of_,e,a.,public ways or easements shall be processed and reviewed under
Chapter 12.24 ACC, Construction Permits. (Ord. 6238 § 2, 2009.)
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
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satisfaction of the city engineer that a joint trench is not feasible. (Ord. 6238 § 2,
2009.)
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 between 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 applicable law and as further authorized by RCW 35.96.030
and 35.96.040. (Ord. 6238 § 2, 2009.)
13.32A.120 Deferral of underground d+s# ibut+eR utility 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 six-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 its existing aerial system as a secondary tenant on
an existing aerial system for the purpose of serving a new private development
where the undergrounding of the expansion will not eliminate the existing aerial
system; or
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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 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; or,
4. 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 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 utilitV system.
B. An applicant whose request has been denied may appeal the denial following the
procedure as identified in ACC 12.64A.060, Appeal and enforcement. (Ord. 6520 § 2,
2014; Ord. 6238 § 2, 2009.)
13.32A.130 City project process and requirements.
A. City Responsibilities. When service from underground electric and
telecommunication utility facilities becomes available in all or part of a conversion
area, the city engineer will 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 service from
the underground utility facilities is available and notifying the property owners of the
owners' responsibilities.
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B. Property Owner's Responsibilities. 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. After
existing aerial utility facilities identified by the city's notice in subsection A of this
section have been decommissioned, disconnected, and removed, the property owner
must:
1. Convert the service connections from the aerial system to the underground
system within 90 calendar days after the date of receipt of the notice or the city
will order the electric and telecommunication utilities to disconnect and remove
the service connections. If the owner has filed written objections to such
disconnection and removal with the city clerk within 30 calendar days after the
date of mailing, the city will not order disconnection and removal until after the
appeal hearing on those objections; or
2. Notify the city engineer in writing within 30 calendar days after the date of
receipt of the notice provided under subsection A of this section that the property
owner wants to discontinue utility service; or
3. If the city engineer determines it is in the best interest of the public and the
city's infrastructure system for the city to complete the service connection from
the underground system to the existing aerial service point of connection and the
property owner desires the city to do so, the property owner will enter into an
agreement with the city within 90 calendar days after the date of mailing to
provide property access to complete the conversion.
C. Financial Responsibilities.
1. For city projects, the cost of relocating existing utility aerial distribution
facilities will be borne by the serving utility and the city in accordance with the
filed tariffs or franchise agreement. If there is no filed tariff or franchise
agreement, the cost of the relocation of existing aerial distrih titin facilities will be
borne by the serving utility.
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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 will 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, on approval of the city engineer,
discontinue utility service to one or more of the structures/improvements on
the property.
Services that are being connected by the city per subsection (13)(3) of this section
are exempted from this requirement and the city will be financially responsible for
those connection costs.
3. All conversion of utility facilities to underground facilities may be undertaken
by local improvement district or as otherwise permitted by applicable law and as
further authorized by RCW 35.96.030 and 35.96.040.
D. Appeal Procedures.
1. A property owner may appeal to the public works director the disconnection
and removal of an aerial service connection by filing a written objection with the
city clerk within 20 working days after the date of the mailing of the notice set
forth in subsection A of this section. Failure to file a timely written objection will
constitute a waiver of the owner's right to object to such disconnection and
removal. The public works director will have 15 working days to review the
appeal, decide whether to uphold or modify the city engineer's decision, and
notify the property owner of such decision.
2. All appeals of the public works director's decision must be filed in writing with
the public works director within 10 working days of the public works director's
decision. Appeals must specify the error of law or fact, or new evidence which
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could not have been reasonably available at the time of the public works
director's decision, which shall constitute the basis of the complaint.
3. Appeals will be heard by the city's hearing examiner pursuant to Chapter 2.46
ACC. Decisions of the hearing examiner will be based on whether the decision
being appealed was consistent with applicable state law and city codes.
4. Upon receipt of a timely written appeal, the hearing examiner will review the
materials submitted and prepare findings of fact. The hearing examiner decision
will be final. (Ord. 6713 § 1 (Exh. A), 2019; Ord. 6442 § 8, 2012; Ord. 6238 § 2,
2009.)
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. (Ord. 6238 § 2, 2009.)
13.32A.150 Authority.
The city engineer or designee shall be responsible for the application of this chapter
related to the public g way.
The building official or designee shall be responsible for the application of this
chapter related to real property. (Ord. 6238 § 2, 2009.)
13.32A.160 Violation — Penalty.
Any violation of this chapter shall be enforced pursuant to the provisions of Chapter
1.25 ACC. (Ord. 6238 § 2, 2009.)
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