Fairfax Municipal Code Ch. 13.08 Underground Utilities

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMISSION. The Public Utilities Commission of the state.

PERSON. Individuals, firms, corporations, partnerships and their agents and employees.

POLES, OVERHEAD WIRES and ASSOCIATED OVERHEAD STRUCTURES. Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated service.

UNDERGROUND UTILITY DISTRICT or DISTRICT. The area in the town within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of § 13.08.030.

UTILITY. All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Prior Code, § 13.08.010)

(A) Where the Council has determined that the town or a public utility has voluntarily agreed to pay over 50% of all costs of conversion (excluding costs of users’ connections to underground electric or communication facilities), the Council may 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 town and the underground installation of wires and facilities for supplying electric, communication or similar or associated services.

(B) The Town 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 the hearings at least 15 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time.

(C) At the hearing, all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.

(Prior Code, § 13.08.020) (Ord. 575, passed - -1988)

(A) If, after any such public hearing, the Council finds that the public necessity, health, safety or welfare requires the removal and the 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 the removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service.

(B) A reasonable time shall be allowed for the removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for the removal and for the installation of the underground facilities as may be occasioned thereby.

(Prior Code, § 13.08.030)

Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in § 13.08.030, it shall be 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 the overhead facilities are required to be removed by the resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by the owner or occupant of the underground work necessary for the owner or occupant to continue to receive utility service as provided in § 13.08.090, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.

(Prior Code, § 13.08.040)

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 Council in order to provide emergency service. The Council may grant special permission, on such terms as the Council 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.

(Prior Code, § 13.08.050)

In any resolution adopted pursuant to § 13.08.030, the town may authorize any or all of the following exceptions:

(A) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Town Engineer;

(B) Poles or electroliers used exclusively for street lighting;

(C) 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 the wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

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

(E) 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;

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

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

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

(Prior Code, § 13.08.060)

(A) Within ten days after the effective date of a resolution adopted pursuant to § 13.08.030, the Town Clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The Town Clerk shall further notify the affected property owners of the necessity that, if they or any person occupying the 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 such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.

(B) Notification by the Town Clerk shall be made by mailing a copy of the resolution adopted pursuant to § 13.08.030, 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.

(Prior Code, § 13.08.070)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to § 13.08.030, 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.

(Prior Code, § 13.08.080)

(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 or her property between the facilities referred to in § 13.08.080 and the termination facility on or within the building or structure being served, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.

(B) In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provisions of division (A) above within the time provided for in the resolution enacted pursuant to § 13.08.030, the Town Engineer shall post written notice on the property being served, and 30 days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.

(Prior Code, § 13.08.090)

The town shall remove, at its own expense, all town-owned equipment from all poles required to be removed under this chapter in ample time to enable the owner or user of the poles to remove the same within the time specified in the resolution enacted pursuant to § 13.08.030.

(Prior Code, § 13.08.100)

In the event that any act required by this chapter or by a resolution adopted pursuant to § 13.08.030 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.

(Prior Code, § 13.08.110)

(A) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter.

(B) Any person violating any provision of this chapter or failing to comply with any of its requirements is deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $500, or by imprisonment not exceeding six months, or by both the fine and imprisonment.

(C) Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by the person, and shall be punishable therefor as provided for in this chapter.

(Prior Code, § 13.08.120)