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HomeMy WebLinkAbout6797 (3)ORDINANCE NO. 6797 -- AN -ORDINANCE Of THE CITY -COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO UPDATING THE PROVISIONS FOR FRANCHISES, CONSTRUCTION, AND UNDERGROUNDING REQUIREMENTS FOR TELECOMMUNICATIONS, CABLE, AND UTILITIES CONSISTENT WITH CURRENT FEDERAL AND STATE REGULATIONS, AND AMENDING CHAPTERS 12.24, 12.32, AND 13.32A OF THE AUBURN CITY CODE WHEREAS, the City of Auburn adopted Ordinance No. 5034 on January 5, 1998 enacting Title 20 entitled "Telecommunications and Other Commercial Utilities" pursuant to Federal and State regulations; and WHEREAS, the City of Auburn adopted Ordinance No. 4625 on May 5, 1993 enacting Chapter 13.36 entitled "CATV Systems" pursuant to Federal and State regulations; and WHEREAS, the City of Auburn adopted Ordinance No. 5042 on January 5, 1998 creating a new Chapter 12.24 of the Auburn City Code entitled "Construction Permits" relating to the procedures for application and approval of construction permits within the public ways or on public property; and WHEREAS, the City of Auburn created Chapter 12.32 of the Auburn City Code entitled "Sidewalk Obstructions" in 1957; and WHEREAS, the City of Auburn adopted Ordinance No. 6238 on August 25, 2009 creating a new Chapter 13.32A of the Auburn City Code entitled "Underground Wiring" and amending certain section of Chapter 13.36 relating to undergrounding for cable facilities; and Ordinance No. 6797 October 26, 2020 Page 1 of 4 Rev. 2019 WHEREAS, the City has made only minor updates as necessary throughout the entire Auburn City Code since the adoption of Ordinance Nos. 4625, 5034, 5042, and 6238 as it relates to the constructions, undergrounding, permitting and regulation of telecommunications, cable and other utilities in the public ways and on city and public property; and WHEREAS, due to changes in Federal and State regulations that govern the regulation of such industries and their presence within the City, it is necessary to update the Auburn City Code in all titles, chapters and sections that authorize, regulate, affect or otherwise govern the review, construction, placement and siting of such telecommunications, cable and other utility facilities in the public ways and on city property or facilities; and WHEREAS, the City also seeks to clarify and update terms, procedural requirements and approval processes for permits, franchises, leases and licensing for telecommunications, cable and other utility facilities placed in the public ways and on city owned property or facilities WHEREAS, the proposed amendments and changes to the Auburn City Code that are the subject of this Ordinance were also subject to state agency review by the Washington State Department of Commerce on or about October 9, 2020; and WHERAS, the proposed amendment and changes to the Auburn City Code that are the subject of this Ordinance were also subject to State Environmental Policy Act review and decision issued October 19, 2020. Ordinance No. 6797 October 26, 2020 Page 2 of 4 Rev. 2019 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 12.24 of the Auburn City Code is amended to read as shown in Exhibit A. Section 2. Amendment to City Code. Chapter 12.32 of the Auburn City Code is amended to read as shown in Exhibit B. Section 3. Amendment to City Code. Chapter 13.32A of the Auburn City Code is amended to read as shown in Exhibit C. Section 4. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 5. 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 of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law, or on January 1, 2021, whichever is later. INTRODUCEDD[=C 2 v� 0 PASSED: D' EC 2 1 2020 APPROVED: DEC -2 1 202 Ordinance No. 6797 October 26, 2020 Page 3 of 4 INaW411K ATTEST: Shawn Campbell, MMC,A,ity Clerk MW APPROVED AS TO FORM: Kendra Comeau, City Attorney Published: DM 3e12- 2 12020 Ordinance No. 6797 October 26, 2020 Page 4 of 4 Rev. 2019 ORDINANCE 6797 EXHIBIT A Chapter 12.24 CONSTRUCTION PERMITS Sections: 12.24.010 Required. 12.24.020 Applications. 12.24.030 Engineer of record. 12.24.040 Traffic -control plan. 12.24.050 Performance bond. 12.24.060 Permit — Fee. 12.24.070 Construction codes. 12.24.080 Decision — Permit term. 12.24.090 Contest of city engineer's decision. 12.24.100 Compliance with permit. 12.24.110 Display of permit. 12.24.120 Survey of underground facilities. 12.24.130 Noncomplying work. 12.24.140 Record drawings. 12.24.150 Restoration after construction. 12.24.160 Standards for construction. 12.24.170 Permittee's liability. 12.24.180 Release of construction surety. 12.24.190 Violation — Penalty. 12.24.200 Responsibilities of the owner. 12.24.010 Required. All persons, including, but not limited to, franchise utilities, corporations, firms, companies, individuals, government agencies or officials, or any organization of any ORD 6797 EXHIBIT A PAGE 1 of 11 kind, who propose to install overhead or underground facilities, perform construction, or excavate in the public wayin e the urfaGe of aRY Gitystreet, sidewalk or cur"T� street or alley in the Gi+„ „r anroee nits, or PUblir proper#" must obtain a construction permit to do so from the city engineer prior to any proposed work. Use of, or construction on city property requires a lease, license, or city authorization. in the over,# of any oenfliot "Regarding the following: 1) permitting of any work within the public ways and 2) lease, license, or authorization by the city for use or construction on city property, in the event of any conflict er oity easements with any other chapter of this code, the procedures set forth in this chapter shall take precedence. A. Prior to applying for a permit for construction or installation of facilities within the 64y-L-�public ways the applicant will obtain any business regic�gt -license, and/or franchise, andier right of way agreement required in accordance with AGG Titles 5 and 20 ACC. B. Prior to applying for a permit for use of or the construction of approved facilities on city -owned or public property the applicant shall obtain a facilities lease or license agreement from the city in accordance with ASC -Title 20 ACC. The city council reserves unto itself the sole discretion to lease city property for any purpose, and no vested or other rights shall be created by this section or any provision of this chapter applicable to such facilities leases. C. This chapter does not apply to utility permits issued under AGS Title 13 ACC. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.020 Applications. Applications for construction permits shall be submitted to the city engineer upon forms to be provided by the city and shall be accompanied by drawings, plans, specifications, performance bond valued at 125 percent of the estimated cost of work ORD 6797 EXHIBIT A PAGE 2of11 including landscape and restoration work anticipated, and a brief narrative description of the project scope in sufficient detail to demonstrate: A. The identity of the applicant, including all affiliates of the applicant; B. A description of the services that are or will be offered or provided by the applicant to others; C. Preliminary engineering plans, specifications and a network map of the facilities to be located within the city, all in sufficient detail to identify: 1. The location and route requested for applicant's proposed facilities; 2. The location of all overhead and underground public utility, telecommunications, cable, water, sewer drainage and other facilities in the public way along the proposed route; 3. The location(s), if any, for interconnection with the facilities of other carriers; 4. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate; 5. The location of all facilities to be constructed within or immediately adjacent to the public ways on private property. Where use of private property is involved proof of easements will be required prior to permit issuance; 6. The location of all survey monuments which maybe displaced or disturbed by the proposed construction; 7. In addition to the other requirements stated herein, the city engineer may require the plans to conform to general plan requirements as specified in the Engineering Design Standards, including the requirement that the plans are stamped by a profession engineer licensed in the State of Washington. D. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its facilities on existing utility poles along the proposed route; ORD 6797 EXHIBIT A PAGE 3 of 11 E. If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify: 1. The excess capacity currently available in such ducts or conduits before installation of applicant's facilities; 2. The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's facilities; and 3. Evidence of ownership or a right to use such ducts or conduits; F. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways: 1. The location proposed for the new ducts or conduits; and 2. The excess capacity that will exist in such ducts or conduits after installation of applicant's facilities; G. A preliminary construction schedule and completion date; H. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities, and to offer or provide the services proposed, including, but not limited to, evidence that the applicant has registered the Washington Utilities and Transportation Commission where applicable; I. A permit fee as determined in ACC 12.24.060; J. Proof of ability to meet city's bonding requirements as set forth in ACC 12.24.050 when the permittee does not have an existing standing bond on file with the city sufficient to cover the scope of work proposed; and K. Demonstration that the facilities will be constructed in accordance with city standards and all other applicable codes, rules and regulations. (Ord. 5042 § 1 (Exh. C), 1998.) ORD 6797 EXHIBIT A PAGE 4of11 12.24.030 Engineer of record. Permit applications shall be accompanied by drawings, plans and specifications and identification of the name, telephone number, and address of the engineer having responsible charge of the scope of work covered by the permit. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.040 Traffic -control plan. All permit applications which involve work on, in, under, across, or along any public ways shall be accompanied by a traffic -control plan demonstrating the protective measures and devices that will be employed, consistent with the latest edition of Manual on Uniform Traffic -Control Devices (MUTCD), as adopted by the Model Traffic Ordinance (ACC 10.04.010) and RCW 47.36.020 to prevent injury or damage to persons or property and to minimize disruptions to pedestrian and vehicular traffic. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.050 Performance bond. All performance bonds for work in public ways shall satisfy the minimum standards established in the city's standaFd speGifiGationcEngineering Design and Construction Standards as adopted in Chapter 12.04 ACC. Unless otherwise provided in a rig way agreemeRt, permit, franchise, or lease agreement, a performance bond written by a corporate surety acceptable to the city equal to at least 125 percent of the estimated cost of removing the grantee's, permittee's, franchisee's, or lessee's equipment and facilities and restoring the public ways e#the-Gity and/or city -owned property to its substantially equivalent preconstruction condition shall be deposited before any construction is commenced. Said bond shall be required to remain in full force until 60 days after completion of the construction and/or improvements within the public ways of tharZhe Gity or upon city -owned property as determined by the city engineer, and shall warrant all such restoration work for a period of one year by reduction to an amount approved by the city engineer in the approximate amount of ORD 6797 EXHIBIT A PAGE 5 of 11 10 percent of the original value of the performance bond during the period of warranty. The purpose of this bond is to guarantee removal of partially -completed work and/or nonconforming facilities, to fully restore the public ways of the Gity city -owned property to its substantially equivalent preconstruction condition, and/or to cover unexpected deterioration of pavement structures precipitated by the gFaatee's permittee's, franchisee's, or lessee's work, and any other permitting requirements established in the permit as required by the city engineer. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.060 Permit — Fee. A. The city engineer shall have charge of issuing construction permits to all persons upon the application for the permit to perform any work within the G#y! -public ways, easements, of upen nit y nr publin pmperty. The nit y engineer shall pFevide applinatien forms to he nmmpleted by each applir„n+ Prior to permit issuance, the city engineer or designee shall assure that a fee for the permit is deposited with the finance department. The fees shall be as shown in the GCity of Auburn adopted fee schedule by Qrdinanre 5707 and gni amendments thereto. B. The permit fee will be collected at the time the permit is issued or other time as may be established by the city engineer. Upon approval of the application by the city engineer, a permit will be issued to the person paying for the permit. (Ord. 5817 § 4, 2004; Ord. 5042 § 1 (Exh. C), 1998.) 12.24.070 Construction codes. All construction within G#y-public ways or easements shall comply with the city's Engineering Design and Construction Standardsstireet stand as established in Chapter 12.04 ACC. (Ord. 5042 § 1 (Exh. C), 1998.) ORD 6797 EXHIBIT A PAGE 6of11 12.24.080 Decision — Permit term. After submission of all plans and documents required of the applicant and payment of the permit fees required by this chapter, the city will determine whether the applications, plans and documents comply with all requirements of this chapter. Once all city requirements are met the city shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the schedule, place and manner of performing the work as may be necessary or appropriate in the interest of public safety or welfare. The permit to be issued by the city engineer shall be valid only for the time designated on the permit. The city engineer shall designate the length of time that the permit shall be valid at the time the permit is issued. The city engineer shall exercise their discretion and shall have the sole power to decide whether or not a permit shall be issued at that time, providing that the decision of the city engineer may be changed by the city council upon the review of the merits of a complaint of any person being denied such a permit. If the applicant does not take action in good faith, the application will be considered abandoned after 180 days of non -action. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.090 Contest of city engineer's decision. Any person aggrieved by the granting or denying of a construction permit pursuant to this chapter shall have the right of review by the public works director as follows: A. All complaints filed pursuant to this section must be filed in writing with the public works director within 10 working days of the date of the decision being contested; B. All complaints filed pursuant to this section 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; C. Upon receipt of a timely written notice of complaint, the public works director shall review the materials submitted and determine whether to uphold or modify the ORD 6797 EXHIBIT A PAGE 7of11 city engineer's decision. If, in the public works director's judgment, the city engineer's decision should be amended in favor of resolving the complaint, they shall so direct the same. If the director upholds the city engineer's decision, they shall prepare a written staff paper detailing the rationale of the city engineer's decision and findings of fact for conduct of a hearing by the hearing examiner; D. The public works director shall schedule the hearing before the hearing examiner in accordance with Chapter 2.46 ACC and notify the contesting party of the scheduled hearing in accordance with ACC 18.70.040. (Ord. 6442 § 6, 2012; Ord. 5677 § 4, 2002; Ord. 5042 § 1 (Exh. C), 1998.) 12.24.100 Compliance with permit. All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The city shall be provided access to the work and such further information as may be required to ensure compliance. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.110 Display of permit. The permittee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the city inspector at all times when construction work is occurring. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.120 Survey of underground facilities. If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the permittee shall cause the location of such facilities to be verified by a state -registered land surveyor. The permittee may ORD 6797 EXHIBIT A PAGE 8 of 11 be required to relocate any facilities which are not located in compliance with permit requirements at permittee's expense. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.130 Noncomplying work. Upon order of the city engineer, all work which does not comply with the permit, the approved plans and specifications for the work, or the city's stanr:nrds ;;R Engineering Design and Construction Standards as established in Chapter 12.04 ACC shall be remedied to comply with standards or removed at permittee's expense. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.140 Record drawings. Within 630 days after completion of construction or in ^^orrJg^^e with a separate agreement with the ^ity engineer the permittee shall furnish the city with ^ Geuter mak-record construction drawings in accordance with the city Engineering Design and Construction Standards. AutoGadd drawing file format -and a Gernplete set Media of said re^ord rdFawinge ^oncictent with ^ity Godes and pe"Gies (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.150 Restoration after construction. Upon completion of any construction, maintenance, or repair work, the permittee shall promptly repair any and all public and private property improvements, landscaping, fixtures, structures, and facilities in the public or other ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction, except pavement restoration and pedestrian facility upgrade requirements for ADA compliance, which ORD 6797 EXHIBIT A PAGE 9 of 11 both shall be restored and/or upgraded per the Engineering Design and Construction Standards. All survey monuments disturbed or displaced shall be referenced and replaced as required by Chapter 332-120 WAC and the Engineering Design and Construction StandardsAwburn beRGhmark system cop-nnd- „r,18r fiF6t G�,�� speGifiGati ns The referencing and replacement of survey monuments shall be performed by a licensed land surveyor. All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair, or replacement performed by the permittee shall be replaced or restored, as nearly as may be practicable, to the condition existing prior to performance of work. The city engineer or designee shall have final approval of the completeness of all restoration work. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.160 Standards for construction. All work within the public ways will comply with the Engineering Design and Construction Standards. The additional terms under which the construction and/or the repair thereof are to be made by the permittee shall be stated and printed on the permit. The city will inspect the construction site before and after the construction to assure the permittee has completely repaired the area to the satisfaction of the city. Any person or persons who fail to comply with the city's permit by not completing repairs thereof in accordance with the requirements of the city shall not be granted any further permits requested in future applications until such time as the repairs and restoration are completed to the city's satisfaction or, if approved by the city engineer, the cost of the proper repair and restoration GF GGRGtFUGt has been fully paid for by the permittee. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.170 Permittee's liability. Any person regulated under this chapter shall be liable to the city for all losses or damages claimed by any persons as a result of the negligence or failure of the person securing a permit to take all necessary precautions to protect the public and ORD 6797 EXHIBIT A PAGE 10 of 11 the city in the performance of any construction activities. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.180 Release of construction surety. Upon completion of work and associated restoration work and payment of all fees to the satisfaction of the city engineer or designee, the performance bond will be released. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.190 Violation — Penalty. Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 5042 § 1 (Exh. C), 1998.) 12.24.200 Responsibilities of the owner. The owner of the facilities to be constructed and, if different, the grantee, franchisee; or lessee is responsible for performance of and compliance with all provisions of this chapter. (Ord. 5042 § 1 (Exh. C), 1998.) ORD 6797 EXHIBIT A PAGE 11 of 11 ORDINANCE 6797 EXHIBIT B Chapter 12.32 SIDEWALK OBSTRUCTIONS Sections: 12.32.010 Sidewalk use restriction. 12.32.020 Prohibitions. 12.32.030 Prohibition exemptions. 12.32.040 Building code provisions apply. 12.32.050 Violation — Penalty. For statutory provisions authorizing third-class cities to manage and control sidewalks and to remove obstructions therefrom, see RCW 35.24.290(3); for provisions granting a code city all powers of any city of any class, see RCW 35A.21.160. 12.32.010 Sidewalk use restriction. All sidewalks in the public streets, alleys and places in the city, for the full width thereof, are exclusively for the use of pedestrians, and shall be used for no other purpose whatsoever except as hereinafter provided and except for the use of bicycles. (Ord. 2983 § 1, 1976; 1957 code § 8.18.010.) 12.32.020 Prohibitions. It is unlawful for any person, firm or corporation, or for any agent, representative, servant or employee thereof, to deposit, place, erect or maintain, or cause to be deposited, placed, erected or maintained, upon any sidewalk located in any public street, alley or place of the city, or upon any portion of such sidewalk, any bench, ORD 6797 EXHIBIT B PAGE 1 of 3 chair, rack, stand, structure, sign, merchandise or other object, except as approved by the city engineer, or to place, erect or maintain, or cause to be placed, erected or maintained, over such sidewalk, or over any portion of such sidewalk, any structure, sign or other object at such height or in such manner as to prevent or interfere with the free and unobstructed use of all of such sidewalk by pedestrians. (Ord. 6532 § 16, 2014; 1957 code § 8.18.020.) 12.32.030 Prohibition exemptions. The provisions of this chapter shall not prohibit the placing or maintaining of signs, notices or orders of the city council or the police department of the city, er t#p'g and maiRtaining of flags of the United States of ArneFiGa er the state, or the plaGiRg the rlireGtien of the Ghief of neline er the city GGunGil, nor shall the provisions of this chapter prohibit the expeditious moving of freight and merchandise in the loading or unloading thereof, across sidewalks, if such is done with the least possible obstruction to the free use of such sidewalks by pedestrians pursuant to a franchise or permit; . ranTssrs�le�rsr_rr_Tr_snn�:��:mrs�rana:rsrr_enc�l�a:e�:♦_r. _triaRs. (1957 code . 8.18.030.) 12.32.040 Building code provisions apply. This chapter is subject to the provisions of Title 15 ACC.p, �*o�s#+e;e USe of n„hlin streets and nreier•fien6 ever publiG nrenerty, and mere paFtir•Wlar y ORD 6797 EXHIBIT B PAGE 2 of 3 nnnflint with the pFeyisinns of this Ghapter. (Ord. 2984 § 1, 1976; 1957 code § 8.18.050.) 12.32.050 Violation — Penalty. Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 4502 § 5, 1991; 1957 code § 8.18.040.) ORD 6797 EXHIBIT B PAGE 3 of 3 ORDINANCE 6797 EXHIBIT C Chapter 13.32A 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 — New utility service connections. 13.32A.080 Permitting. 13.32A.090 Joint trenches. 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. 13.32A.010 Scope. A. It is found and determined by the city that the general necessity, convenience, health, 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. ORD 6797 EXHIBIT C PAGE 1 of 13 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 eXGepte -exempt from the undergrounding requirements of this chapter. D. This chapter clarifies the applicability of all other titles, and all other chapters of this title, 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 13.3620.06 ACC, CAT� c"�Cable Franchises, 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, ASGTitle 20 ACC, T^lo^^mmuni^ntwenc and Other Gemmer6al l lW42esFranchises. Cable Franchi and Leases, also governs the installation and management of all underground facilities related to ^^tumor^;,' utilities and telecommunication services and Chapter 12.24 ACC, Construction Permits, also governs right _ef_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. (Ord. 6238 § 2, 2009.) ORD 6797 EXHIBIT C PAGE 2 of 13 13.32A.020 Exceptions. With the approval of the city engineer, the following utility 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 including those parts of Wireless Communications Facilities which by their nature cannot function underground; E. Temporary aerial utility services for construction that will be removed immediately upon completion of construction; and F. New facilities installed on existing poles with other aerial facilities attached, except if the existing attached aerial facilities consist only of electric transmission facilities of a voltage of more than 15,000 volts in which case the new facilities are not exempt unless other exemptions listed in this chapter apply.Af aRGhise- System not related to a Rew private development prejeGt wheFe the unrdernrnUndiRg of the ovn�ncinn niill nnf eliminate the ovicfinn norinl r`ve+tom (Ord. 6520 § 1, 2014; Ord. 6238 § 2, 2009.) These exemptions do not affect the obligation for any facility to relocate when required to do so by any section of the ACC. ORD 6797 EXHIBIT C PAGE 3 of 13 13.32A.030 Definitions. The definitions of this chapter are specific to this chapter. A. "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. B. "Applicant" means the owner or owners of record of the property, or facility owner pursuing the development or redevelopment of property within the jurisdiction of the city. C. "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. D. "Conversion" means a project being performed by the city to convert an area of existing aerial utility facilities to underground facilities. E. "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. F. "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. G. "Permanent structure" 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. ORD 6797 EXHIBIT C PAGE 4of13 W. "Service connection" means utility facilities extending from a distributieRutility system and terminating on private property to serve a customer or subscriber. JI. "Telecommunications" is the transmission of information by wire, radio, optical cable, electromagnetic, 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. MUM ME Uff.m.-mm-IMM MO. MK. "Utility or Utilities" means those companies providing electric power, cable, or telecommunications services within the corporate boundaries of the city of Auburn, Washington. NL "Utility facility" shall mean the definition contained in ACC 20.02.020.rneans any . s, and any appuftenanGes . (Ord. 6238 § 2, 2009.) 13.32A.040 Temporary aerial services. The city engineer may allow utility service connections for permanent structures to be temporarily located aerially for up to 180 calendar days,.- and may grant an additional G..+;s extension not to exceed hoya 180 calendar days for temporary aerial service connections for permanent structures. may be auth^rize d by the publin works CGmmittee ^f the EityGGURGn; SUGh-Such authorizations may include financial securities or other instruments to ensure the conversion of the aerial system to an ORD 6797 EXHIBIT C PAGE 5 of 13 underground system by the end of the extension period authorized. (Ord. 6238 § 2, 2009.) 13.32A.050 Requirements — New utility distribution facilities. Unless exempted by ACC 13.32A.020 A11 -all new utility di6tFibutienfacilities shall be underground. The installation of all new utility facilities for subdivisions shall also meet the requirements identified in Chapter 17.14 ACC. (Ord. 6238 § 2, 2009.) 13.32A.060 Requirements — Existing "+ aerial utility distFibutieRfacilities. A. Any applicant triggering the requirement for public improvements per Chapter 12.64A ACC shall be responsible for converting all non-exempt aerial facilities on the parcel(s) associated with the permitted actions to underground unless All private deye'„nmon+ i in1occany eRe-of the following criteria is met: 1 The city engineer determines that undeFgFoundino of the portion of the development'sex0stmng aerial far-n-alities aleng the development's street frn-Atage would FeqUiFe nonnont +o 'GgiGal Pointe of the existing utility C.,Q+omThe development is a single family residence on a platted lot; or 2. The development is the conversion of one single-family residence to a commercial use as defined in the R -O, reciarResidential e##+se-Office zoning district, Chapter 18.22 18.35 ACC; 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, DUC, CN, G1, C -2, -or C-3 zone; or ORD 6797 EXHIBIT C PAGE 6 of 13 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 AGG 15.07.09OChapter 15.07 ACC is less than 50 percent 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 Gity GGYRnil shall determine whether the undergrounding of existing aerial utility distribution facilities shall be FequiFed in aS6E)Giatien with the pity r,as identified in the Capital Facilities Plan. (Ord. 6238 § 2, 2009.) 13.32A.070 Requirements — New utility service connections. All new utility service connections shall be underground unless one of the following criteria is met: A. The existing distribUtlGRutility 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 Chapter 15.07 ACC is under $20,000 in value. B. 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: ORD 6797 EXHIBIT C PAGE 7of13 1. The construction of a single-family residence on an existing platted lot or the addition of an accessory dwelling unit on an existing residential lot; or 2. The conversion of one single-family residence to a commercial use as defined in the residential office zoning district, Chapter 18.2218.35 ACC; or 3. A new commercial development on a lot that is 11,000 square feet or smaller in area and located in the RO, DUC, CN, C_1, C-2 or C-3 zone; or 4. Wholly interior improvements made to an existing building; or 5. For existing building structures, where the building permit valuation per AOS 9Chapter 15.07 ACC of an addition, alteration, or repair to the existing structure is less than 50 percent 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. (Ord. 6238 § 2, 2009.) 13.32A.080 Permitting. All permits for the installation of aerial and underground utility facilities within existing Gity rights of_,e,a.,public ways or easements shall be processed and reviewed under Chapter 12.24 ACC, Construction Permits. (Ord. 6238 § 2, 2009.) 13.32A.090 Joint trenches. Where several underground utilities are planned or required in the same alignment, the utilities shall use a joint trench for such facilities unless demonstrated to the ORD 6797 EXHIBIT C PAGE 8 of 13 satisfaction of the city engineer that a joint trench is not feasible. (Ord. 6238 § 2, 2009.) 13.32A.110 Financial responsibilities — Private development. For private development, the cost of constructing new underground utility facilities, or 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 applicable law and as further authorized by RCW 35.96.030 and 35.96.040. (Ord. 6238 § 2, 2009.) 13.32A.120 Deferral of underground d+s# ibut+eR utility 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 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 ORD 6797 EXHIBIT C PAGE 9 of 13 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 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; or, 4. The city engineer determines that undergrounding of the portion of the existing aerial facilities along the development's street frontage would require undergrounding portions of the aerial facilities extending beyond the development's street frontage unless an 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 utilitV system. 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. 6520 § 2, 2014; Ord. 6238 § 2, 2009.) 13.32A.130 City project process and requirements. A. City Responsibilities. When service from underground electric and telecommunication utility facilities becomes available in all or part of a conversion area, the city engineer will issue a directive to 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 service from the underground utility facilities is available and notifying the property owners of the owners' responsibilities. ORD 6797 EXHIBIT C PAGE 10 of 13 B. Property Owner's Responsibilities. 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. After existing aerial utility facilities identified by the city's notice in subsection A of this section have been decommissioned, disconnected, and removed, the property owner must: 1. Convert the service connections from the aerial system to the underground system within 90 calendar days after the date of receipt of the notice or the city will order the electric and telecommunication utilities to disconnect and remove the service connections. If the owner has filed written objections to such disconnection and removal with the city clerk within 30 calendar days after the date of mailing, the city will not order disconnection and removal until after the appeal hearing on those objections; or 2. Notify the city engineer in writing within 30 calendar days after the date of receipt of the notice provided under subsection A of this section that the property owner wants to discontinue utility service; or 3. If the city engineer determines it is in the best interest of the public and the city's infrastructure system for the city to complete the service connection from the underground system to the existing aerial service point of connection and the property owner desires the city to do so, the property owner will enter into an agreement with the city within 90 calendar days after the date of mailing to provide property access to complete the conversion. C. Financial Responsibilities. 1. For city projects, the cost of relocating existing utility aerial distribution facilities will be borne by the serving utility and the city in accordance with the filed tariffs or franchise agreement. If there is no filed tariff or franchise agreement, the cost of the relocation of existing aerial distrih titin facilities will be borne by the serving utility. ORD 6797 EXHIBIT C PAGE 11 of 13 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 will 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, on approval of the city engineer, discontinue utility service to one or more of the structures/improvements on the property. Services that are being connected by the city per subsection (13)(3) of this section are exempted from this requirement and the city will be financially responsible for those connection costs. 3. All conversion of utility facilities to underground facilities may be undertaken by local improvement district or as otherwise permitted by applicable law and as further authorized by RCW 35.96.030 and 35.96.040. D. Appeal Procedures. 1. A property owner may appeal to the public works director the disconnection and removal of an aerial service connection by filing a written objection with the city clerk within 20 working days after the date of the mailing of the notice set forth in subsection A of this section. Failure to file a timely written objection will constitute a waiver of the owner's right to object to such disconnection and removal. The public works director will have 15 working days to review the appeal, decide whether to uphold or modify the city engineer's decision, and notify the property owner of such decision. 2. All appeals of the public works director's decision must be filed in writing with the public works director within 10 working days of the public works director's decision. Appeals must specify the error of law or fact, or new evidence which ORD 6797 EXHIBIT C PAGE 12 of 13 could not have been reasonably available at the time of the public works director's decision, which shall constitute the basis of the complaint. 3. Appeals will be heard by the city's hearing examiner pursuant to Chapter 2.46 ACC. Decisions of the hearing examiner will be based on whether the decision being appealed was consistent with applicable state law and city codes. 4. Upon receipt of a timely written appeal, the hearing examiner will review the materials submitted and prepare findings of fact. The hearing examiner decision will be final. (Ord. 6713 § 1 (Exh. A), 2019; Ord. 6442 § 8, 2012; Ord. 6238 § 2, 2009.) 13.32A.140 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 aerial electric and telecommunication facilities to underground facilities within the city limits. (Ord. 6238 § 2, 2009.) 13.32A.150 Authority. The city engineer or designee shall be responsible for the application of this chapter related to the public g way. The building official or designee shall be responsible for the application of this chapter related to real property. (Ord. 6238 § 2, 2009.) 13.32A.160 Violation — Penalty. Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 6238 § 2, 2009.) ORD 6797 EXHIBIT C PAGE 13 of 13