Fillmore Municipal Code Ch. 5.12 Underground Utility Installation

The intent and purpose of this chapter is to require undergrounding of utilities and establish uniform regulations for the installation of underground utilities along the frontage of that property, to the nearest utility pole.

(Ord. No. 19-924, § 3, 5-12-2020)

of utilities is required.

No person shall construct a new structure, repair, substantially modify the use of a structure, remodel or add to any existing structure, or add an additional attached or detached dwelling structure upon any parcel of land, unless one of the following conditions has been complied with:

(a) All utility lines, including, but not limited to, electrical, telephone, fiber-optic cables, and cable television, which provide direct service to the existing structure and/or the new structure on the parcel of land, have been installed underground;

(b) The existing main utility lines are located to the rear or side of the parcel of land on which the existing structure and/or new structure is constructed unless located in a public right-of-way;

(c) A waiver of the foregoing requirements has been granted in accordance with the provisions of section 5.12.040; or

(d) The repair, modification of use, remodeling or addition is to an existing structure, and no structure(s) is/are being added, and the area of the work to be performed is equal to or less than fifty percent of the total square footage of the existing structures upon the parcel.

The requirement to underground existing utilities does not apply to the construction or remodel of one single-family home.

(Ord. No. 19-924, § 3, 5-12-2020)

For the purposes of this chapter, appurtenances and associated equipment, such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground if permitted by and in accordance with the rules of the state public utilities commission.

(Ord. No. 19-924, § 3, 5-12-2020)

Any person seeking a waiver of the requirements of section 5.12.020 shall apply to the city council for such waiver. Such application shall be on a form prescribed by the city clerk and shall include an application fee in such amount as the city council may establish from time to time by resolution. The city council may waive or conditionally waive the provisions of section 5.12.020 when the city council finds that the requirements of underground installation of utility lines, as defined in subsection 5.12.020(a), would be unreasonable or impractical for either of the following reasons:

(a) The owner has demonstrated financial hardship will result to the owner by providing three bids, each accompanied by a noncollusion declaration, indicating the cost of undergrounding the utilities is equal to or greater than twenty-five percent of the cost of the proposed structural improvement(s); or

(b) Adverse environmental impacts will be created which cannot be mitigated in a manner consistent with the requirements of the California Environmental Quality Act (CEQA).

(Ord. No. 19-924, § 3, 5-12-2020)

No building permit shall be issued unless the applicant's plans comply with this chapter, nor shall any occupancy permit be issued until the completed construction complies with this chapter. No occupancy permit shall be issued until the applicant has submitted "as-built" plans showing the exact location and depth of the underground utilities as actually installed. Any person undergrounding utility lines within the public right-of-way pursuant to this section shall obtain an encroachment permit.

(Ord. No. 19-924, § 3, 5-12-2020)

Whenever the undergrounding of utilities is required pursuant to this chapter, the real property necessary for such improvements within the public right-of-way shall be dedicated to the city and the improvements shall be installed without expense to the city, as a condition of approval of any development. The applicant shall be responsible for making all arrangements with the utility company concerned.

(Ord. No. 19-924, § 3, 5-12-2020)