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: