Fontana Municipal Code Art. III Utility Undergrounding Requirements

This article sets forth the city's requirements for the undergrounding of on-site and off-site utilities (defined below). This article III is independent of article II of this chapter and imposes obligations on persons applying for approval of subdivision maps, new development or substantial rehabilitation of existing buildings (all as defined below). This article is adopted to protect the public health, safety and welfare on the grounds that overhead utility lines have an undesirable impact on the character and quality of life of the residents of the community. As a permanent part of the streetscape, overhead utility lines detract from the visual quality of the neighborhood and increase the threat of hazards such as electrocution, fire and property damage due to downed utility lines and poles. New development and substantial rehabilitative projects within the city often require the construction of additional utility lines and poles and thereby contribute to the negative effect of impairing views and increasing the risk of the aforementioned hazards due to downed utility lines and poles. The intent of this article is to assure that, in conjunction with all new development and substantial rehabilitation of buildings, all on-site and off-site utilities are placed underground. This article shall apply to any pre-existing land development agreement to the extent allowed by either the development agreement or by law.

(Ord. No. 1177, § 3, 2-6-96)

The following words, terms and phrases used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.

Off-site utilities means all utility lines not located within or on the legal boundaries of the real property to be developed or substantially rehabilitated at the time an application for development or rehabilitation is made. Any utility lines located within any public right-of-way immediately adjacent to the real property boundaries shall be considered off-site utilities.

On-site utilities means all utility lines located within or on the legal boundaries of the real property to be developed or substantially rehabilitated at the time application for development or rehabilitation is made.

Substantial rehabilitation means the addition of at least 25 percent to the gross floor area of any existing building or structure, excluding single-family detached residences.

Undeveloped property means any parcel or parcels of land owned by the applicant described in section 27-52, which will be subject to the construction permit described in section 27-52(2), and which is devoid of any preexisting building or other structure. Property will not be considered developed unless all buildings and structures located thereon have been properly permitted, or are legal nonconforming uses, prior to the time that the application for the construction permit described in section 27-52(2) is submitted.

Utility lines means utility lines such as, but not limited to, electric, communications, telephone, cable television transmission, and telecommunication fiber optics, including poles, overhead wires and associated overhead structures, towers, suports, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground and used or useful in supplying electric, telephone, cable television, communication or similar or associated services; however, utility lines do not include surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets, facilities necessary to the transmission or reception of wireless communication media, or concealed ducts for an underground system.

(Ord. No. 1177, § 3, 2-6-96; Ord. No. 1242, § 1, 3-17-98)

All applicants applying for:

(1) Approval of either a tentative tract or tentative parcel subdivision map; or

(2) A permit for construction of any new structure or building on undeveloped property; or

(3) A permit for substantial rehabilitation of any existing building on an existing lot of record

shall be required, at the applicant's sole cost, expense and liability, to place underground all new, upgraded, or existing on-site or off-site utilities. The applicant shall underground all on-site and off-site utilities required by this section in accordance with plans and specifications approved by the city engineer and all utility providers having jurisdiction over the on-site and off-site utilities required to be undergrounded.

(Ord. No. 1177, § 3, 2-6-96; Ord. No. 1242, § 2, 3-17-98; Ord. No. 1544, § 6, 3-27-07)

Section 27-52 shall not apply to:

(1) Electrical utility lines equal to or greater than 36 kv, or any utility lines which are, prior to submission of an application for approval or issuance (as applicable) of any of the maps or permits set forth in section 27-52, affixed to and necessarily supported by a tower, pole, or other support to which are attached electrical utility lines equal to or greater than 36 kv;

(2) Facilities necessary for the transmission or reception of radiated wireless communication;

(3) Temporary facilities;

(4) Off-site utilities for a residential development consisting of four lots or less which is not a part of a larger subdivision.

(5) Projects that meet the criteria for infill development pursuant to chapter 30 of the Code, with the approval of the city engineer.

(Ord. No. 1177, § 3, 2-6-96; Ord. No. 1242, § 3, 3-17-98; Ord. No. 1333, § 1, 11-7-00)

Upon the request of an applicant who is subject to section 27-52 and is required to underground off-site utilities, the community development director may determine that it would be impracticable, infeasible, or disproportionately financially burdensome to require the applicant to underground off-site utilities as required by section 27-52. Upon such determination, the community development director may allow the applicant to pay a sum in lieu of undergrounding the off-site utilities. The amount and time of payment of the sum shall be as agreed upon in writing by the applicant and the community development director. The required sum shall approximate the applicant's proportionate share of the reasonably estimated costs of a program to underground off-site utilities in the general area surrounding the applicant's project. The community development director may require the applicant to provide security for the applicant's payment. The types of allowable security include, without limitation, an improvement bond, a letter of credit, and a lien against the property to be developed or substantially rehabilitated. The applicant shall underground off-site utilities as required by section 27-52 if the applicant and the community development director cannot agree as to any of the matters set forth in the preceding paragraph. Any sums paid pursuant to this section 27-54 may be used by the city to fund a program to underground off-site utilities in the general area surrounding the applicant's project.

(Ord. No. 1177, § 3, 2-6-96)