Hemet Municipal Code Art. IV Underground Utilities

Footnotes:

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Cross reference— Design and construction of cable television systems, § 22-19.

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

Commission means the public utilities commission of the state.

Poles, overhead wires and associated overhead structures means 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 and district mean that area in the city 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 section 82-163.

Utility means all persons supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Ord. No. 579; Code 1984, § 14100)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) The council may from time to time 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 city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The city 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 such hearings, at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.

(b) Prior to holding such hearing, the department of public works shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimates of the total costs to the city and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

(Ord. No. 579; Code 1984, § 14101)

If, after any public hearing as provided for in section 82-162, the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

(Ord. No. 579; Code 1984, § 14102)

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in section 82-163, it is 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 such overhead facilities are required to be removed by such resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in section 82-169, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this article.

(Ord. No. 579; Code 1984, § 14103)

Notwithstanding the provisions of this article, 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 director of public works may grant special permission, on such terms as the director 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.

(Ord. No. 579; Code 1984, § 14104)

In any resolution adopted pursuant to section 82-163, the city may authorize any or all of the following exceptions:

(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer.

(2) Poles or electroliers used exclusively for street lighting.

(3) 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 such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited.

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

(5) 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.

(6) Antennas, associated equipment and supporting structures used by a utility for furnishing communication services.

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

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

(Ord. No. 579; Code 1984, § 14105)

(a) Within ten days after the effective date of a resolution adopted pursuant to section 82-163, the city clerk shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adoption thereof. The city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utilities at a new location.

(b) Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to section 82-163, together with a copy of this article, to affected property owners, as such owners are shown on the last equalized assessment roll, and to the affected utilities.

(Ord. No. 579; Code 1984, § 14106)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 82-163, 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.

(Ord. No. 579; Code 1984, § 14107)

(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 the property between the facilities referred to in section 82-168 and the termination facility on or within such building or structure being served.

(b) If any person owning, operating, leasing, occupying or renting such property does not comply with the provisions of this section within the time provided for in the resolution enacted pursuant to section 82-163, the city engineer shall post written notice on the property being served, and 30 days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property.

(Ord. No. 579; Code 1984, § 14108)

The city shall remove, at its own expense, all city-owned equipment from all poles required to be removed under this article, in ample time to enable the owner or user of such poles to remove the poles within the time specified in the resolution enacted pursuant to section 18-163.

(Ord. No. 579; Code 1984, § 14109)

If any act required by this article or by a resolution adopted pursuant to section 18-163 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 such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

(Ord. No. 579; Code 1984, § 14110)

(a) Requirement for the underground installation of utility lines. Except as provided in this section, any person constructing a new building or expanding an existing building upon a parcel or parcels with at least 600 feet of street frontage, as well as all subdivisions and planned unit developments, shall be required to place underground all new utility lines and all existing overhead utility lines serving the building, including but not limited to electrical distribution lines, telephone, street light service lines, cable television and similar service wires or cables. Electrical distribution lines over 34,500 volts or that are otherwise considered by the electric utility to be high voltage or a part of the electrical utility backbone are not required to be installed underground by this section. Appurtenances and associated equipment (other than poles), such as, but not limited to surface-mounted transformers and pedestal-mounted meter boxes, may be placed on the ground surface, subject to city guidelines for screening of such facilities. The undergrounding of existing utility lines shall include only those which are located:

(1) Within the boundaries of the property being developed, subdivision, or planned unit development; or

(2) Within the public right-of-way adjacent to the property and extending to the first existing utility pole beyond the property's boundaries.

(b) Responsibility for compliance. Arrangements, including payment of all costs, for undergrounding utility lines as required by this section shall be made by the developer or owner of the property to be developed. Undergrounding of utility lines may be done by the developer or property owner, with permission from the serving utility.

(c) Timing of compliance. Undergrounding shall be completed:

(1) Prior to the inspection approval of related street improvements; or

(2) Prior to certificate of occupancy if no related street improvements are required.

Notwithstanding the foregoing, temporary power poles are permitted for the purpose of, and only during the duration of, construction. Temporary power poles and all appurtenances must be removed as a condition of receipt of a certificate of occupancy.

(d) In lieu fee. The city council may establish by resolution a fee that may be paid in lieu of undergrounding existing overhead utility lines. The in-lieu fee shall be paid to the city prior to the approval of the final subdivision map, or building permit, whichever occurs first. A developer may pay the fee in lieu of undergrounding existing utility lines in the following situations:

(1) The length of utilities lines to be placed underground will be less than 300 feet and the utility lines have not been placed underground on any property abutting the subject property.

(2) Existing on-site utility lines also serve property under separate ownership.

(3) The city engineer determines that undergrounding would not result in a net reduction of utility poles.

(4) The expansion of an existing building or buildings on a site if the proposed expansion does not increase the total gross floor area of the building or buildings by more than 100 percent. In such cases, the amount of the in-lieu fee to be paid shall be prorated based on the percentage increase in total gross floor area on the site.

(5) The demolition and reconstruction of all or part of an existing building or buildings on a site if the total gross floor area of the buildings on site will be increased by no more than 100 percent. In such cases, the amount of the in-lieu fee to be paid shall be prorated based on the percentage increase in total gross floor area on the site.

(6) The city engineer determines that existing utility lines cannot be placed underground without severely disrupting existing improvements.

(7) The physical or legal character of existing utility easements will not allow utility lines to be placed underground.

(8) The city engineer determines, based on evidence provided by the developer, that the cost to underground existing overhead utility lines would constitute an undue financial hardship by exceeding ten percent of the project's hard costs. For the purposes of this subsection, "hard costs" include all direct construction costs associated with the project on the property being developed and within the adjacent public right-of-way, but do not include any development-related fees imposed by a governmental agency, including the city, architectural, engineering, financing, and legal fees, and other pre- and post-construction expenses.

(e) Exceptions. The following new buildings or expansions of existing buildings are exempt from the requirement that existing utility lines be relocated underground:

(1) The construction of an accessory structure or accessory dwelling unit on a lot with an existing single family residence.

(2) The expansion of an existing building or buildings on a site where the total gross floor area of the building or buildings will be increased by no more than 30 percent.

(3) The demolition and reconstruction of all or part of an existing building or buildings on a site where the total gross floor area of the buildings on site will be increased by no more than 30 percent.

(4) The reconstruction of an existing building damaged by fire, flood, earthquake or other cause over which the owner had no control.

(5) An infill project, which for purposes of this section consists of a site with no more than ten acres, where all adjacent frontage has been developed and the adjacent frontage have not been undergrounded.

(Ord. No. 821; Code 1984, § 14111; Ord. No. 1745, § 1; Ord. No. 1933, § 1(Exh. A), 7-25-17; Ord. No. 2007, § 1, 2-14-23)

The city council may, by resolution, adopt reasonable rules and regulations relating to sewer construction, use and maintenance, and discharge, deposit or disposal of all wastewater, both directly and indirectly, within the city. Such resolution may adopt rules and regulations by reference.

(Ord. No. 884; Code 1984, § 14112)

The building official for the city is hereby authorized to enforce the rules and regulations referred to in section 82-173 when adopted.

(Ord. No. 884; Code 1984, § 14113)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this article. Any person violating any provision of this article or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in accordance with section 1-8.

(Ord. No. 579; Code 1984, § 14114)