Apple Valley Municipal Code Ch. 14.28 Underground Utility Lines

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a) Service lines are defined for the purposes of this Chapter as those electrical, telephone, cable or other utility conductors that extend from the "distribution lines" to the building, structure or improvement which consume or uses the utility service.

(b) Distribution lines are defined for the purposes of this Chapter as those electrical utility conductors which are energized at 34,500 volts or less, telephone, cable or other utility lines that supply utility product to "service lines."

(c) Development is defined for the purposes of this Chapter as the construction or the enlargement of any primary use building.

Except as provided in Section 14.28.040, underground installation is required for all electrical lines energized at 34,500 volts or less, telephone, cable, antenna television and similar service wires or cables which:

(a) Provide direct service to the property being developed; or

(b) Are existing and located within the boundaries being developed; or

(c) Are existing between the property line and the centerline of the peripheral streets of the property being developed; or

(d) Are located along or within six ft. of the lot lines of the property being developed; or

(e) Are located within the existing or required right-of-way for the project; or

(f) Are relocated as a result of a project.

Except as otherwise provided in this Chapter, all new service and distribution lines shall be constructed underground.

(a) The following exceptions shall apply, when and only when, a property owner signs an agreement agreeing not to protest the formation of a municipal underground utility district and further agreeing to prepare said property to accept underground utility lines in accordance with the applicable rules of the utility involved. Said agreement shall be recorded as an encumbrance against the land.

(1) Existing overhead distribution lines will be permitted to remain in areas where these distribution lines have existing overhead service lines to adjacent lots.

(b) The enlargement of any primary use building which is either 50% of the habitable square footage or 1,000 sq. ft., whichever is less, for residential buildings, or 25% of the total square footage for commercial or industrial properties, shall not be subject to any of the requirements of this Chapter.

(Ord. 138, 06-14-94; Ord. 245, 10-9-01)

Temporary utilities along with the necessary poles, wires and cables may be permitted for the period during which a valid building permit has been issued or for temporary uses which comply with the requirements of the zoning ordinance, building code and other applicable regulations.

Appurtenances and associated equipment including, but not limited to, surface mounted transformers and switches, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed aboveground unless the project is conditioned otherwise. Utility service poles may be placed in the area within six ft. of the rear lot line of the property to be developed where overhead lines exist for the sole purpose of terminating underground facilities.

If technology or economics of scale require or permit a delay in the underground installation required in the application of this Chapter, then the cost of undergrounding shall be estimated by the Town and a cash deposit in the estimated amount shall be deposited with the Town. This cash deposit shall be placed into an underground utility fund and used solely for the purpose of undergrounding distribution lines as required by this Chapter throughout the Town.

(Ord. 89, August 1991)