HomeMy WebLinkAbout6520 ORDINANCE NO. 6 5 2 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS
13.32A.020 AND 13.32A.120 OF THE AUBURN CITY CODE
RELATING TO EXCEPTIONS FOR UNDERGROUNDING
REQUIREMENTS
WHEREAS, the current provisions of the Auburn City Code provide for an
exception to the undergrounding requirement for utilities for various instances, including
where a franchisee is expanding its existing aerial system as a secondary tenant on an
existing aerial system and where undergrounding of the franchisee's facilities will not
eliminate the existing aerial system; and
WHEREAS, the current provisions of the city code do not distinguish those
instances where the franchisee's facilities may be crossing public right-of-way as
opposed to private property; and
WHEREAS, in order to address the distinction between those two crossings, it is
appropriate to amend the city code so that the requirements of each type of crossing is
adequately addressed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1, Amendment to City Code. That section 13.32A.020 of the Auburn City
Code is amended to read as follows:
13.32A.020 Exceptions.
With the approval of the city engineer, The the following 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; and
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Ordinance No. 6520
July 14, 2014
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E. Temporary aerial utility services for construction that will be removed
immediately upon completion of construction; and
F. A franchisee is expanding its existing aerial system as a secondary tenant
on an existing aerial system not related to a new private development project where the
undergrounding of the expansion will not eliminate the existing aerial system. (Ord.
6238 § 2, 2009.)
Section 2, Amendment to City Code. That section 13.32A.120 of the Auburn City
Code is amended to read as follows:
13.32A.120 Deferral of underground distribution 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 their 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
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-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.
(Ord. 6238 § 2, 2009.)
Section 3. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 4. 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
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Ordinance No. 6520
July 14, 2014
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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 5. 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: JUL 21 2014
PASSED: JUL 21 2014
APPROVED: JUL 21 2014
NAN BACKUS, MAYOR
ATTEST:
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Danielle E. Daskam, City Clerk
APP YED TO FORM:
aniel B. He i y Attorne
PUBLISHED--KZ,
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Ordinance No. 6520
July 14, 2014
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