Gilroy Municipal Code § 21.111 Purpose of article

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Editor’s note: Ord. No. 2004-04, §§ I, II, adopted April 19, 2004, repealed former Art. V, §§ 21.111—21.123, in its entirety which pertained to similar subject matter and derived from Ord. No. 89-17, § 2, 10-16-1989; 90-19, § 1, 8-20-1990.

The purpose of the utility facilities undergrounding program established in this article is to implement the urban design policies of the general plan for the City of Gilroy by requiring developers to place all new and existing utilities underground when constructing new development, constructing new streets, and completing partially-constructed streets.

(Ord. No. 2004-04, § II, 4-19-2004)

For the purposes of this article, “utility facilities” shall mean wires, cables and other facilities supplying electric, communication, or similar services, and shall include distribution lines and service lines.

(Ord. No. 2004-04, § II, 4-19-2004)

(a) Projects for which street frontage is solely adjacent to a street or streets within an underground utility district established prior to July 1, 1989.

(b) Utility facilities not covered under P.G.&E. Electric Rule 2.6 for distribution voltage shall be exempt from the provisions of this article. For example, facilities used to transmit electrical energy at nominal voltages of sixty-four thousand (64,000) volts or more shall be exempt.

(c) Projects for which the city engineer determines underground installation of utility facilities would be unreasonable or impractical due to physical constraints such as topography or soil conditions.

(d) Exemptions authorized by the city council, upon recommendation of the planning commission, as enumerated in section 26A.6 of this Code. Authorizing exceptions for one portion of a development shall not affect the requirements for the balance of that development.

(Ord. No. 2004-04, § II, 4-19-2004)

(a) All utility facilities within newly constructed streets shall be placed underground. For the purposes of this section, “newly constructed streets” shall mean that as part of an approved project, a street is completed, or a half street is built.

(b) All new and existing utility facilities within a new development shall be placed underground. In commercial and industrial areas of the city in which development has occurred with overhead or above-ground utility facilities in or along the frontage of properties, these existing utility facilities shall be placed underground in connection with development. In residential areas of the city in which development has occurred with overhead or above ground utility facilities in or along the frontage of properties, these existing utility facilities shall be placed underground in connection with a development or redevelopment of property consisting of four (4) or more dwelling units.

(c) When undergrounding is required under this section, any existing poles or other above-ground facilities shall be removed. No new poles may be placed in conjunction with the facilities required to be placed underground pursuant to this section; all required underground facilities shall connect to the nearest existing pole on property not covered under this article.

(Ord. No. 2004-04, § II, 4-19-2004)

§ 21.115. through § 21.123. (Reserved)