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Home My WebLink AboutITEM VIII-A-4CITYOF, AGENDA BILL APPROVAL FORM ~ ~ a~~ WASHINCTON Agenda Subject: Date: Ordinance No. 6238 A ril 28, 2009 Department: Attachments: ° Budget Impact: Public Works Ordinance No. 6238 $ Administrative Recommendation: City Council introduce and adopt Ordinance No. 6238 Background Summary: Ordinance No. 6238 authorizes the revision of Auburn City Code (ACC) 13.32.030, Requirements related to underground wiring. These proposed changes are intended to allow an exemption from the requirement to underground private utility service lines for small in-fill type development. The exemptions are provided for in-fill single family housing, residential conversions, small commercial developments in the RO, CN, C1, and C3 zones, and interior remodels or additions, alterations or repairs valuing 50 percent or less of the existing building value. W0504-10 04.9 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: O Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks p Human Services 0 Planning & CD ❑ Fire [D Planning ❑ Park Board OPublic Works 0 Legal ❑ Police ❑ Planning Comm. ❑ Other 0 Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Wa ner Staff: Dowd Meetin Date: Ma 4, 20091 Item Number: VIII.A.4 AU$j,jRN *MORE THAN YOU IMAGINED ORDINANCE NO. 6 2 3 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 13.32.030 OF THE AUBURN CITY CODE RELATING TO UNDERGROUNDING UTILITIES WHEREAS, Section 13.320.030 of the Auburn City Code ("Code") requires utilities for new construction to be placed underground; and WHEREAS, Staff recommends modifications to the Code that would allow overhead utilities to be constructed or maintained under certain circumstances; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That section 13.32.030 of the Auburn City Code be and the same hereby is amended to read as follows: 13.32.030 Requirements. A. General. All utility facilities and service connections shall, where i ally #easible-, 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 sep~pletely new permanent-type residential and commercial buildings on private property eaeF#ead-}except that utility and service connections may be overhead as follows:; a Temporarv construction service connections that will be removed upon completion of construction; b Sinqle familv residential service connections developed on an existinq platted lot where the existinq utilitv facilities are overhead; c Commercial services connections developed within the RO, CN, C1, and C3 zones an an existinq street(s) where the existinq utility facilities alonq the properties' frontaqe are not the last portion of overhead facilities alonq the street and the proposed development meets one of the followinq criteria: i Conversion of one sinqle family residence to a commercial use; or, ii New commercial development on a lot that is 11,000 square feet or smaller in area; d WhollYinterior improvements to an existinq buildinq; e For existinq buildinq structures an addition alteration or repair of 50% or less of either: i The assessed value of the existing buildinq structure(s) on the subiect property as determined by the Kinq Cauntv or Pierce County Assessor; or Ordinance No. 6238 April 28, 2009 Page 1 of 3 ii. The value of the existinq buildinq structure(s) as determined bv an appraisal performed by an appraiser certified by the State of Washinqton, which appraisal shall be paid for and provided by the property owner. 3. All lines extended into areas where no adequate aerial system exists; 4. , All aerial utility facilities in existence as of January 16, 1998, are grandfathered at current capacity to remain above ground; however, should a utility desire to increase the capacity of its utility facilities, the utility shall apply for an amendment to its franchise with the city. 5. All aerial power transmission facilities exceedinq 15,000 volts, as defined bv the tariffs on file with the Washington State Utilities and Transportation Commission, may remain overhead. . 6. Deferral of the undergroundinq requirement for existinq utilitv distribution facilities across a propertY's frontage may be requested in accordance with ACC 12.64 Required Public Improvement. 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. Telecommunication 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 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 service 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 service connections. The exemption will not be granted without business registration and a determination of compliance with zoning. F. 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. (Ord. 6001 § 1, 2006; 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. Ordinance No. 6238 April 28, 2009 Page 2 of 3 Section 3. 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 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. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: rj~ ' (;~tj) z niel B. Hei , ity Attor ey Published: Ordinance No. 6238 April 28, 2009 Page 3 of 3