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HomeMy WebLinkAbout03-20-2006 ITEM VIII-A-1C ITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Ordinance No. 6001 March 3, 2006 Department: Attachments: Budget Impact: Public Works Ordinance No. 6001 $ 0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6001. Background Summary: The proposed amendments to the attached ordinance are needed to clarify certain timelines, procedures, and responsibilities associated with the City directed conversion of overhead utility service to underground service. W0320-1 04.9 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ®Public Works ® Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until —/—I— Tabled Until _1-1— Councilmember: Wagner Staff: Dowd Meeting Date: March 20, 2006 Item Number: VIII.A.1 AUBURN* MORE THAN YOU IMAGINED 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 City Code. That Chapter 13.32, Underground Wiring, of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 13.32 UNDERGROUND WIRING Sections: 13.32.010 Purpose and scope. 13.32.020 Definitions. 13.32.030 Requirements. 13.32.040 Property owner's responsibilities. 13.32.050 Conversion work by local improvement districts. 13.32.060 Notification of service availability, requirement to convert, and noncompliance action. 13.32.070 Mandatory disconnection and removal of overhead services. 13.32.080 Conversion complaint and appeal review. 13.32.090 Local improvement regulations apply. 13.32.100 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 aUtility Facilities ser:ioeTwhich 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 Utility" means any publicly or privately owned utility engaged in the business of furnishing electric energy to the public in all or part of the conversion area and includes electric companies as defined by RCW 80.04.010 and public utility districts. "Communication Utility" means any utility engaged in the business of affording telephonic telegraphic cable television or other communication service to the public in all or part of the conversion area and includes telephone companies and telegraph 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 any 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 gas, and any appurtenances thereto. 13.32.030 Requirements. A. General. All Utility Facilities and Service Connections A009 res, Gables or 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 frontage improvements; 2. All completely new permanent -type residential and commercial buildings on private property (temporary construction Service Connections ,equiementsmay be overhead); 3. All lines extended into areas where no adequate aerial system exists where feasible; 4. As an exception to the above, all aerial Utility #Facilities in existence as of January 16, 1998 the effestive date of the epdwnanGe Gedified in this rhapte are grandfathered at current capacity to remain above ground; however, should a Utility thn ,...,„e s �liiie Iesire to increase the capacity of its aush-Utility #Facilities, the Utility helshe shall apply for an amendment to its hislhe�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 electric power 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 sService 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 linstallation of all --aerial and underground Utility €Facilities within existing city rights-of-way or easements shall be processed and reviewed permitted 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 being relocated underground shall, at the owner(s)'s expense decommission disconnect and remove the Service Connections from those Utility Facilities to any structures or improvements located on the property. The owner(s) shall also at the owner(s)'s expense, either install underground Service Connections to those structures or improvements or, upon approval of the City Engineer, discontinue Utility service to one or more of the structures or improvements on the property. 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. B 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 or delivery of the notice set forth in ACC 13.32 060 and RCW 35.96.050 that service from the underground Utility Facilities is available. 13.32.050 Conversion work by local improvement districts. All of—such conversion of electrical and communication 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. (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 Utilit #Facilities is available in all or part of a conversion area, the city engineer shall issue a directive ma4-a-4vetice-to the owners of all structures or improvements with Service Connections to se^•,� �'.�.rthe existing overhead Utility #Facilities in the area by means of mailing a certified notice or hand delivering a notice. The .,tee shall statinn a that: 1A. Service from the underground Utility fFacilities is available; 28. To facilitate completion of the city's project, Aall electric and communication sService Connections lines -from the existing overhead 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 or delivery of the notice; 36. Should such owner fail to complete conversiont of such sService Connections lines -from the overhead system to the underground s sy tem within 90 calendar days after the date of mailing or delivery of the notice, the city will order the electric and communication aUtilities to disconnect and remove the sService Connections4nes; 49. Should-tThe owner may object to the disconnection and removal of the service lines as provided in ACC 13.32.080.".?� ''-`•o^ objection theFeto with the eity Glerk within 30 ealendgE days after the date of the mailing of the notiGe, and failure to objeet within suGh tome will Gonstitute a waive of his right theFeafter to objeGt to such disGonReGtion and remova4-. B 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.) 13.32.070 Mandatory disconnection and removal of overhead services. If the owner of any structure or improvement with a Service Connection sewed -to frern n #i, --existing overhead electric and/or communication Utility fFacilityies within a conversion area fails to convert the Service Connection from overhead to underground the -service 4npro:ement-within 90 calendar days after the date of the mailing or delivery to him -of the notice set forth in ACC 13.32.060, the Ceity Engineer shall order the electric and/or communication aUtilities to disconnect and remove all such sService Connection4nes; provided, that if the owner has filed his--a-written objections to such disconnection and removal with the city clerk within 30 calendar days after the mailing or delivery 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 object to the disconnection and removal of an aerial Service Connection by filing a written objection thereto with the Citv Clerk within 30 calendar days after the date of the mailing or delivery of the notice set forth in ACC 13.32.060. Failure to object within such time will constitute a waiver of the owner's right thereafter to object to such disconnection and removal. B. Upon the timely filing by the owner of an objections tom daseenneet'en and remeval f the r . +-4-this ,.hapte s 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. complaint with the publi CA. All appeals somplaints 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 obiection deeis;ooeing disputed;;. A44 ^^•~^'amts filed pursuant to this SeGtien-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; DS. Upon receipt of a timely written n9tise ef--a+�-appealoomp4aiat, the public works director shall review the materials submitted and prepare a written staff paper detailing the rationale of the city engineer's directivedesisien-_and findings of fact for the hearing examiner; EB. 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 by law. DATED and SIGNED this day of '12006. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk -.ry .; . •- Daniel B Published: