§ 16.40

To improve the reliability of electrical and communication services for the benefit of residential and commercial utility customers, to increase property values, to enhance the aesthetic appearance of the city; to reduce the cost of tree trimming and replacement of overhead facilities; to reduce outages caused by winds, storms, and accidents; to reduce the risk of fires and improve public safety by removing potential obstacles in traffic accidents; and to otherwise provide for the health, safety, and welfare of the public or to protect and improve the quality of the public's urban environment, the city deems it necessary that, where feasible and within the council's jurisdiction, all existing and future overhead facilities be undergrounded in or through the city.

(Ord. No. 679, 7-23-2019)

16.40.030 - Unlawful acts.

A.

It shall be unlawful for any person to construct, install, or erect overhead facilities in the city of Corning except as otherwise provided in this chapter.

B.

Whenever the council, by resolution, creates an underground utility district, it shall be unlawful for any person to keep, maintain, continue, or replace overhead facilities in the district after the date such overhead facilities are ordered to be removed by such resolution, except as to those overhead facilities minimally necessary to furnish service to an owner or occupant of property prior to and during the process of undergrounding said overhead facilities, and except as otherwise provided for in this chapter.

(Ord. No. 679, 7-23-2019)

A public hearing shall be held to ascertain if the creation of an underground utility district will further the public health, safety, and welfare by promoting one or more of the purposes set forth in section 16.40.020 of this chapter. The council may propose any part or parts of the city as a single district or as multiple districts. The city clerk shall notify all affected property owners within the proposed district or districts, as shown on the last equalized assessment roll, and all affected persons having overhead facilities present within the proposed district or districts by mail or other approved method of the date, time, and place of any such hearing at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard.

(Ord. No. 679, 7-23-2019)

Prior to holding any public hearing pursuant to section 16.40.040 of this chapter, the public works director shall notify all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the roadway limits, justification for recommending district formation, estimated costs and schedule, and identification of any exemptions.

(Ord. No. 679, 7-23-2019)

16.40.060 - Council may designate underground utility districts by resolution.

If, after any such public hearing the council determines that the creation of an underground utility district will further the public health, safety, and welfare by promoting one or more of the purposes set forth in section 16.40.020 of this chapter, the council shall, by resolution, designate the proposed area of an underground utility district and order the removal and underground installation of existing overhead facilities within that district, except as otherwise provided in this chapter. Such resolution shall include a description of the area comprising such district; a determination as to whether the undergrounding will avoid or eliminate a heavy concentration of overhead facilities; whether the street, road, or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; whether the street, road, or right-of-way adjoins a civic area or public recreation area or an area of unusual scenic interest to the general public; or whether the undergrounding will reduce fire risk and/or enhance electric service reliability. The decision of the council shall be final and conclusive.

(Ord. No. 679, 7-23-2019)

This chapter and any resolution adopted pursuant to section 16.40.060 of this chapter shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

A.

Poles used for street lighting, traffic signals, or other types of traffic management;

B.

Overhead wires attached to the exterior surfaces of a building by means of a bracket or other fixture and extending on one location of the building to another location on the same building or to an adjacent building without crossing any public street;

C.

Overhead facilities determined, in writing, by the commission or other agency having regional, state, or federal jurisdiction to be exempt from undergrounding at the utility's cost;

D.

Surface-mounted underground facilities;

E.

Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects; or

F.

Repair, replacement, improvement, modernization, or upgrading of existing overhead facilities not within an underground district created pursuant to section 16.40.060 and only where such repair, replacement, improvement, modernization, or upgrading does not change the location or character of such overhead facilities.

(Ord. No. 679, 7-23-2019)

A.

Emergency exception. Notwithstanding the provisions of this chapter, the public works director may grant special permission to any person, on such terms as the public works director may deem appropriate, in the case of emergency or unusual circumstances, to erect temporary overhead facilities so long as the subject overhead facilities will not adversely impact public health, safety, and welfare.

B.

Appeals. The applicant aggrieved or affected by the determination of the public works director with respect to the granting, denial, or conditional approval of an exception under section 16.40.080 of this chapter may appeal the decision to the Corning city council. An appeal shall be in writing and shall be filed with the city clerk within ten days after the mailing of a notice of decision by the public works director. The appeal shall state the grounds therefor. The Corning city council shall consider the appeal within forty-five days following the filing of the appeal, unless on the date set for such consideration, the Corning city council, for cause or at the request of the applicant, continues the matter. The Corning city council may reverse, or wholly or partly affirm, or may modify the decision of the public works director and may make such

decisions or may impose such conditions as the facts warrant with respect to the appeal. The decision of the Corning city council shall be final. Notice of the city council's decision shall be mailed to the applicant.

(Ord. No. 679, 7-23-2019)

Within ten days after the effective date of a resolution adopted pursuant to section 16.40.060, the city clerk shall notify all affected persons, including those owning real property, within the district created by the resolution of the adoption thereof. Notification by the city clerk shall be made by mailing, or other approved method, a copy of the resolution adopted pursuant to section 16.40.060 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 persons.

(Ord. No. 679, 7-23-2019)

A.

Any person with overhead facilities in or through the city shall at its own expense and in a timely manner complete any demolition, alteration, or construction necessary and supply any materials and equipment needed to comply with the provisions of this chapter. Notwithstanding the foregoing, with respect to overhead facilities located on private property (within an underground utility district) for which the city has issued a discretionary development permit that is conditioned, among other things, upon removal of such overhead facilities, the utility and the owner of the private property shall be jointly and severally responsible for the demolition, alteration, or construction (including the supply of materials and equipment) necessary to comply with the provisions of this chapter.

B.

Underground construction by any person shall be accomplished in accordance with established construction standards, including those adopted by the department, and in accordance with any applicable standards and federal, state, and local codes and regulations pertaining to underground construction and installation standards and shall be completed within the timeframe for removal of overhead facilities specified in or established pursuant to this chapter or resolution.

(Ord. No. 679, 7-23-2019)

Every person owning, leasing, occupying, or renting a building or structure within a district created pursuant to [section] 16.40.060 shall construct or accommodate construction and access by utilities, as applicable, and provide that portion of the service connection on the person's property between the facilities referred to in section 16.40.050 and the termination facilities on or within the building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utility that pertain to service connections and are on file with the commission or are approved by the council.

(Ord. No. 679, 7-23-2019)

16.40.120 - Responsibilities of city.

A.

City shall, at its own expense, remove city-owned overhead facilities within an underground utility district as determined by resolution.

B.

Department shall coordinate with other utilities to facilitate removal of overhead facilities in a timely manner.

(Ord. No. 679, 7-23-2019)

Chapter 16.50 - VIOLATION-PENALTY

Sections: