Fowler Municipal Code Ch. 6 Requirements for Underground Utilities

Footnotes:

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Editor's note— Ord. No. 2021-01, § 2, adopted Feb. 16, 2021, set out provisions intended for use as Ch. 4. Inasmuch as there were already provisions so designated, said section has been codified herein as Ch. 6 at the discretion of the editor.

The City seeks to decrease above-ground and overhead utility facilities in the public right-of-way and on private property, and thereby improve public safety and the appearance and aesthetics of the City by requiring utility facilities to be installed and relocated underground. The purpose of this chapter is to establish minimum requirements and procedures for the underground installation and relocation of electrical and communication facilities within the City.

Notwithstanding the provisions of Chapter 7-2, this chapter shall apply to electrical and communication facilities, including but not limited to electric power, telephone, telecommunication, and cable television facilities within the City limits.

(Ord. No. 2021-01, § 2, 2-16-21)

(a) New Services and Facilities:

(1) All electrical service and communication service to a new commercial building shall be constructed underground including undergrounding of overhead utility lines across the frontage of the subject property.

(2) All electrical service and communication service to an existing commercial building shall be constructed underground from the point of connection.

(3) All electrical service and communication service to a new residential building exceeding two (2) units shall be constructed underground including undergrounding of overhead utility lines across the frontage of the subject property.

(4) All electrical service and communication service to a new residential building having two (2) units or fewer and accessory dwelling units shall be constructed underground where existing surrounding services are underground.

(5) All electrical service and communication service to a new residential building having two (2) units or fewer and accessory dwelling units may be constructed aerially where existing surrounding services are aerial.

(b) Rebuilds, Replacements and Additions:

(1) All existing electrical service and communication service to a rebuilt residential building of two (2) units or fewer where overhead service previously existed may remain overhead.

(2) All existing electrical service and communication service to rebuilds or additions exceeding fifty (50) percent of the original building area of existing commercial or residential facilities in excess of two (2) units shall be constructed underground including overhead utility transmission across the frontage of the subject property.

(3) All existing electrical service and communication service to rebuilds or additions of existing residential or commercial facilities not exceeding fifty (50) percent of the original building area may be maintained overhead where existing surrounding services are overhead. Any new service must be placed underground from the point of connection in accordance with subdivision B(2) of this Section.

(4) A minor rebuild, replacement or relocation of existing overhead facilities that does not alter the essential system configuration may be constructed overhead.

(5) When there is casualty damage to an overhead service system or other major service outage, the facilities may be restored overhead.

(6) Installation of additional conductors to provide one three-phase circuit is allowed on existing overhead facilities.

(7) Reconductoring for routine maintenance that does not constitute a major rebuild is allowed on existing overhead facilities. Routine maintenance is also allowed on existing facilities for pole replacements and replacement of miscellaneous hardware.

(c) Residential tract transformers:

(1) Electrical transformers within residential tracts, approved by the City, shall be placed underground.

No work permitted by this section shall result in an increase in the number of utility poles, except an additional pole may be installed if an existing pole that is suitable as a termination for underground installation from an overhead system that is intended to remain is not available within 300 feet of the closest property line of the development site.

(Ord. No. 2021-01, § 2, 2-16-21)

The following facilities are exempt from the undergrounding requirements of this chapter:

(a) Electric utility substations and switching facilities not located in the public right-of-way where site screening will be provided.

(b) Electric transmission systems of a voltage of 115 kV or more (including poles and wires) and equivalent communication facilities.

(c) Telephone pedestals, cross connect terminals, repeaters, cable warning signs, and other equivalent communication facilities.

(d) Municipal equipment, including but not limited to traffic control equipment and police and fire vehicle detections systems.

(e) Temporary services for construction.

(f) Replacement of existing overhead facilities due to damage by natural or manmade causes.

The Public Works Director shall decide if a facility qualifies for an exemption under this section. and the Director's decision shall be determinative and final.

(Ord. No. 2021-01, § 2, 2-16-21)

The cost of constructing new facilities underground or relocating existing overhead facilities underground shall be borne by the impacted utilities and/or the owners of the real property to be served, as applicable, and shall include the cost of acquisition of any private property necessary for such construction or relocation necessitated by the undergrounding work.

(Ord. No. 2021-01, § 2, 2-16-21)

Except as otherwise provided in any existing franchise agreement with the impacted utility, an encroachment permit for underground construction shall be obtained from the City prior to construction of facilities in the public right-of-way.

(Ord. No. 2021-01, § 2, 2-16-21)

Street lighting facilities or systems in conformance with the applicable City standards shall be installed as an integral part of all underground projects constructed after the effective date of this chapter.

(Ord. No. 2021-01, § 2, 2-16-21)

Where a permit for an underground project is required by this chapter, plans for any above-ground facilities shall be submitted to the City for approval of site screening and setbacks prior to issuance of an encroachment permit.

(Ord. No. 2021-01, § 2, 2-16-21)

A drawing of the completed underground utility facilities in a form acceptable to the City and conforming to generally accepted engineering practices shall be submitted to the Public Works Department within thirty (30) days of the completion of any underground project within the City. The encroachment permit shall remain open until the as-built drawings are submitted.

(Ord. No. 2021-01, § 2, 2-16-21)

Where several utilities are planned or required in the same corridor, every effort shall be made by the impacted utilities to use joint trenches for such facilities.

(Ord. No. 2021-01, § 2, 2-16-21)

The Public Works Director has authority to review and authorize minor deviations to the requirements of this Chapter upon a determination that there is an undue hardship or extenuating circumstances justifying an exception. The Director's determination shall be final. The Director may, in his/her discretion, refer any particular review and authorization to the City Council for consideration, in which case the City Council's determination shall be final.

(Ord. No. 2021-01, § 2, 2-16-21)

If any section, subsection, phrase, or clause of this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid.

(Ord. No. 2021-01, § 2, 2-16-21)