HomeMy WebLinkAboutITEM V-C
cr-rY oFq Memorandum
Engineering Division
* WASHINGTON
To: Planning and Community Development Committee
Mayor
From: Ingrid Gaub, Assistant City Engineer
CC: Dennis Dowdy, Public Works Director
Dennis Selle, City Engineer/Assistant Public Works Director '
Rich Hopkins, Building Official
Date: August 4, 2009
Re: Proposed Revisions to ACC 13.32 and 13.36 related to Undergrounding of Aerial
Utilities
At previous Public Works Committee meetings, staff provided revisions to portions of the
undergrounding code, ACC 13.32. The proposed revisions were to address specific concerns
with the requirements for undergrounding both utility distribution facilities and services related to
small development. In addition, the Committee requested the addition of language to the code
to allow for a deferral process.
Since the previous reviews by the Committee, staff has identified other areas of the code that
they want to clarify for both staff and applicants. Therefore, staff is proposing to replace the
existing chapter with a new chapter which is attached for your review. In the attached draft
code, comment notes have been used to indicate the intended purpose of each section and
whether each section is a revision of existing code, a replacement, a consolidation of several
sections or new requirements. Given the amount of changes to this code, strike out and
underlining was not used to track the revisions.
The re-write of ACC 13.32 is intended to cover several areas including the following:
• Provide for specific exemptions from this code,
• Allow temporary aerial uses for certain situations,
• Identify the requirements to underground related to private development for both the
distribution facilities and individual services,
• Provide for the deferral of these requirements in certain situations, and
• Identify the requirements for property owners to underground services when the City has
initiated a project including the undergrounding of aerial distribution lines.
In addition, revisions to ACC 13.36, Cable Television, and proposed to correct references
between chapters related to design and construction standards and the undergrounding
requirements and remove the potential for conflicting code requirements.
This proposed code was discussed at the Public Works Committee meeting on August 3`d and
two changes were made, and noted using Track Changes, based on the Committee's
comments.
Page 1 of 1
AUBURN * MORE THAN YOU IMAGINED
Chapter 13.32A
Comment [IG1]:
NOTE:
Intent is to
replace the Chapter in total.
1
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.
Comment [IG2]:
NOTE:
Revised
13.32A.010 Scope.
this section to clarify the scope of this
A. It is found and determined by the City that the general necessity, convenience, health,
chapter.
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.
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.
Comment [IG3]:
NOTE:
New
13.32A.020 Exceptions.
section added to identify specific
A. The following facilities are exempt from the undergrounding requirements of this Chapter:
exceptions from this code.
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.
2. Electric aerial transmission facilities of a voltage of more than 15,000 volts, including
poles, wires, and associated facilities
3. Street lighting and traffic control equipment as determined necessary by the City
Engineer;
4. Telecommunication pedestals and other equivalent telecommunication facilities;
5. Temporary aerial utility services for construction that will be removed immediately upon
completion of construction; and
Comment [IG4]:
NOTE:
Expanded
13.32A.030 Definitions.
the list of definitions.
The definitions of this Chapter are specific to this Chapter.
“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.
“Applicant” means the owner or owners of record of the property pursuing the development or
redevelopment of property within the jurisdiction of the City.
“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.
“Conversion” means a project being performed by the City to convert an area of existing aerial
utility facilities to underground facilities.
“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.
“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.
“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.
“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.
“Service connection” means utility facilities extending from a distribution system and
terminating on private property to serve a customer or subscriber.
"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.
“Telecommunication utility” means any utility engaged in the business of affording
telecommunications services to the public in all or part of the conversion area.
“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.
“Utility” means those companies’ providing electric power or telecommunications services
within the corporate boundaries of the City of Auburn, Washington.
“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. (Ord. 6001 § 1, 2006; Ord. 5043 § 1 (Exh. A), 1998.)
Comment [IG5]:
NOTE:
Re-write of
13.32A.040 Temporary Aerial Services.
the original code to create a separate sub
The City Engineer may allow utility service connections for permanent structures to be
section related to temporary overhead
temporarily located aerially for up to 180 calendar days. Extensions beyond the 180 calendar
allowances and time frames.
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
Comment [IG6]:
NOTE
: New
Section for all new utility 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.
Comment [IG7]:
NOTE
: New
13.32A.060 Requirements – Existing Utility Aerial Distribution Facilities
Section incorporating when
A. All existing utility aerial distribution facilities shall be undergrounded in connection with new
undergrounding of the distribution
private development unless one of the following criteria is met: facilities for new development
incorporating previously proposed
1. The City Engineer determines that undergrounding of the portion of the existing aerial
language.
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
Formatted: Not Highlight
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.
Comment [IG8]:
NOTE
: New
13.32A.070 Requirements – New Utility Service Connections
Section incorporating previously
A. All new utility service connections shall be underground unless one of the following criteria
proposed language related to the
is met:
undergrounding of services.
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:
(1.) 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
(2.) 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.
Comment [IG9]:
NOTE:
Created a
13.32A.080 Permitting.
new section using text from the original
code.
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.)
Comment [IG10]:
NOTE
: Added a
13.32A.090 Joint Trenches
new section to encourage joint trenches
Where several underground utilities are planned or required in the same alignment, the utilities
for underground facilities.
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
Comment [IG11]:
NOTE:
Added
new section to clarify financial
For private development, the cost of constructing new underground utility facilities, or
responsibilities forprivate development.
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 law and as further authorized by RCW 35.96.030 and 35.96.040.
Comment [IG12]:
NOTE:
New
13.32A.120 Deferral of Underground Distribution Facilities.
section added with the intent to follow the
A. The City Engineer may grant a deferral for some or all of the undergrounding of utility
process for deferral of street
distribution facilities otherwise required pursuant to this Chapter following the procedures
improvements.
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
Deleted:
programmed
2. A Franchisee is expanding their existing aerial system as a secondary tenant on
Deleted:
within
an existing aerial system (the undergrounding of the expansion will not eliminate the existing
aerial system); or
3. All of the following conditions are met:
a. There are other properties abutting or across the street from the subject
Deleted:
in close proximity
property that have aerial utility facilities; and
Deleted:
to
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.
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.
Comment [IG13]:
NOTE:
13.32A.130 City Project Process and Requirements.
Combined Sections of the original code
A. City Responsibilities.
related to the requirements of a City
1. When service from underground electric and telecommunication utility facilities project to underground utility services
and added a section on financial
becomes available in all or part of a conversion area, the City Engineer shall issue a directive to
responsibilities.
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 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.
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.
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. (Ord. 6001 § 1, 2006; Ord.
5677 § 5, 2002; Ord. 5043 § 1 (Exh. A), 1998.)
13.32A.140 Local improvement regulations apply.
Comment [IG14]:
NOTE:
Same
code as the original code
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. 6001 § 1, 2006; Ord. 5043 § 1 (Exh. A), 1998.)
Comment [IG15]:
NOTE:
Added
13.32A.150 Authority.
New Section clarifying authority for this
The City Engineer or designee shall be responsible for the application of this Chapter related
code
to public rights-of-way.
The Building Official or designee shall be responsible for the application of this Chapter related
to real property.
Comment [IG16]:
NOTE
: Same
13.32A.160 Violation – Penalty.
code as the original code
Any violation of this Chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC.
(Ord. 6001 § 1, 2006; Ord. 5043 § 1 (Exh. A), 1998.)