Barstow Municipal Code Ch. 13.32 Underground Utilities

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State Law reference— City authority to implement conversion of overhead utility lines to underground utility districts, Government Code § 38793; uniform procedures for special assessment proceedings regarding conversion of existing overhead electric and communication facilities to underground locations, Streets and Highways Code § 5896.1 et seq.

Whenever in this chapter the words or phrases hereinafter defined are used, they have the respective meanings assigned to them in the following definitions, unless the context or subject matter otherwise requires:

Commission means the public utilities commission of the state.

Person means and includes individuals, firms, corporations, partnerships, and their agents and employees.

Poles, overhead wires and associated overhead structures means poles, towers, supports, wires, conductors, guys, stubs, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.

Underground utility district or district means that area in the city within which poles, overhead wires, and associated overhead structures are prohibited, as this area is described in a resolution adopted pursuant to the provisions of section 13.32.040.

Utility includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Code 1969, § 13.32.010; Ord. No. 282, § 1, 1968)

The council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city, and the underground installation of wires and facilities and supplying electric, communication or similar or associated service. The city council shall determine that the city or a public utility has voluntarily agreed to pay over 50 percent of all costs of conversion, except the costs of users' connections. The city clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least 15 days prior to the date thereof. Each hearing shall be open to the public and may be continued from time to time. At each hearing all persons interested shall be given the opportunity to be heard. In the event, at or prior to hearings, owners of 50 percent or more of the assessed value of real property in designated areas shall file written protests against such proposed action with the city clerk, such proceedings shall terminate. Not less than one year must expire before proceedings may be again commenced as to any property which was included in the designated area.

(Code 1969, § 13.32.020; Ord. No. 282, § 2, 1968; Ord. No. 650, § 1, 1990)

Prior to holding public hearings, the city engineer shall consult with all affected utilities and shall prepare a report for submission at the hearing containing, among other information, the extent of the utilities' participation and estimates of the total costs to the city and affected property owners. The report shall also contain an estimate of the time required to complete underground installation and removal of overhead facilities.

(Code 1969, § 13.32.030; Ord. No. 282, § 3, 1968)

If, after any public hearing, the council finds that the public necessity, health, safety or welfare requires such removal and underground installation within a designated area, the council shall, by resolution, declare the designated area an underground utility district and order the removal and underground installation. The resolution shall include a description of the area comprising the district, and shall fix the time within which removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for removal and for the installation of underground facilities. The city council may adopt by resolution at the time of the creation of any district provided for herein standard specifications for the installation of facilities to be underground, subject to appropriate laws, rules and regulations of all regulatory agencies having jurisdiction over such installations.

(Code 1969, § 13.32.040; Ord. No. 282, § 4, 1968)

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in section 13.32.040, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when overhead facilities are required to be moved by the resolution, except as overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance of the owner or occupant of the underground work necessary for the owner or occupant to continue to receive utility service as provided in section 13.32.100, and for the reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.

(Code 1969, § 13.32.050; Ord. No. 282, § 5, 1968)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed ten days, without authority of the city engineer in order to provide emergency service. The city engineer may grant special permission, on such terms as the city engineer may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

(Code 1969, § 13.32.060; Ord. No. 282, § 6, 1968)

In any resolution adopted pursuant to section 13.32.040, the city may authorize any or all of the following exceptions:

(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer.

(2) Poles, or electroliers used exclusively for street lighting.

(3) Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited.

(4) Poles, overhead wires and associated structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts.

(5) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street.

(6) Antennae, associated equipment and supporting structures used by a utility for furnishing communication services.

(7) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts.

(8) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

(Code 1969, § 13.32.070; Ord. No. 282, § 7, 1968)

(a) Within ten days after the effective date of a resolution adopted pursuant to section 13.32.040, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The city clerk shall further notify affected property owners of the necessity that, if they or any person occupying this property desire to continue to receive electric, communication, or similar or associated service, they or the occupant shall provide all necessary facility changes on their premises so as to receive service from the lines of the supplying utility or utilities at a new location.

(b) Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to section 13.32.040, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Code 1969, § 13.32.080; Ord. No. 282, § 8, 1968)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 13.32.040, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission.

(Code 1969, § 13.32.090; Ord. No. 282, § 9, 1968)

(a) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in section 13.32.090 and the termination facility on or within the building or structure being served all in accordance with the rules of the public utilities commission.

(b) In the event any person owning, operating, leasing, occupying or renting the property does not comply with subsection (a) of this section within the time provided for in the resolution enacted pursuant to section 13.32.040, the city engineer shall post written notice on the property being served and 30 days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.

(Code 1969, § 13.32.100; Ord. No. 282, § 10, 1968)

The city shall remove, at its own expense, all city owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of the poles to remove them within the time specified in the resolution enacted pursuant to section 13.32.040.

(Code 1969, § 13.32.110; Ord. No. 282, § 11, 1968)

In the event that any act required by this chapter or by a resolution adopted pursuant to section 13.32.040 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which the act will be accomplished shall be extended for a period equivalent to the time of the limitation.

(Code 1969, § 13.32.120; Ord. No. 282, § 12, 1968)

(a) Except as hereinafter provided, all electrical distribution lines of 16,000 volts or less, telephone, cable antenna television and similar service wires or cables which provide direct service to the property being developed shall be installed underground. The following exceptions shall apply:

(1) Utility service poles may be placed in the area within six feet of the rear lot line of the property to be developed for the sole purpose of terminating underground facilities.

(2) Temporary utilities, along with the necessary service poles, wires and cables, may be permitted for the period during which authorized construction is continuing for which valid building permits have been issued, or for temporary uses which comply with requirements of the zoning ordinance, building code, and other applicable regulations.

(3) Risers on poles and buildings are permitted and shall be provided by the developer or owner on the pole which provides service to the property.

(4) Appurtenances and associated equipment, including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed aboveground.

(5) In residential areas where utility service poles presently exist along or near rear lot lines, overhead utility lines to serve residential structures are permitted only after approval by the city manager or his designated representative. This exception shall not apply to new residential subdivisions.

(b) The developer or owner is responsible for complying with the requirements of this section, and he shall make the necessary arrangements with the utility company for the installation of such facilities.

(Code 1969, § 13.32.130; Ord. No. 504(part), 1983; Ord. No. 631, § 1, 1990)

Buildings or structures, which on the effective date of the ordinance codified in this chapter or any subsequent amendments thereto are nonconforming in regard to the aboveground on-site utility lines, may continue to be used, altered or enlarged in the same manner as if such nonconforming utility lines did not exist. However, when alteration or enlargement of the buildings or structures requires the installation of utility lines at new locations on the buildings and structures, or when existing electrical capacity of the buildings or structures is increased 100 percent or more due to the alteration or enlargement of the buildings or structures, the utility lines shall comply with the requirement of this chapter.

(Code 1969, § 13.32.140; Ord. No. 504(part), 1983)