Chapter 7 — UNDERGROUND — Hidden Hills Municipal Code

ARTICLE A. - UNDERGROUND UTILITY DISTRICT

5-7A-1: - DEFINITIONS.

Whenever, in this Chapter, the following words or phrases are used, they shall have the meanings assigned to them as follows:

Commission: The Public Utilities Commission of the State of California.

Person: Means and includes individuals, firms, corporations, partnerships and their agents and employees.

Poles, Overhead Wires and Associated Overhead Structures: Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.

Underground Utility District or District: An area in the City which is described in a resolution adopted pursuant to the provisions hereof, within which poles, overhead wires and associated overhead structures are prohibited.

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

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

5-7A-2: - UNDERGROUND UTILITY DISTRICT DESIGNATED.

Determination of Necessity: 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.

Report: Prior to holding such public hearing, the Building Official shall consult 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 such underground installation and removal of overhead facilities.

Notification of Affected Parties: 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.

Hearing Open to Public: 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.

Decision of Council is Final: The decision of the Council shall be final and conclusive.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

5-7A-3: - DECLARATION OF UNDERGROUND UTILITY DISTRICT BY RESOLUTION.

If, after any such public hearing 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. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

5-7A-4: - NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES.

Within ten days after the effective date of a resolution adopted pursuant to Section 5-7-3 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by said 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 utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities, on file with the Commission.

Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 5-7-3 hereof, together with a copy of this Chapter, to affected property owners as such as shown on the last equalized assessment roll and to the affected utilities.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

5-7A-5: - RESPONSIBILITY OF UTILITY COMPANIES.

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 5-7-3 hereof, 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. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

5-7A-6: - RESPONSIBILITY OF PROPERTY OWNERS.

Connection to New Facilities: 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 his property between the facilities referred to in Section 5-7-5 of this Chapter and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities, on file with the Commission.

Failure to Comply: In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection A. within the time provided for in the resolution enacted pursuant to Section 5-7-3 hereof, the Building Official 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 said property.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

5-7A-7: - RESPONSIBILITY OF CITY.

The City shall remove, at its own expense, all City-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 5-7-3 hereof.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

5-7A-8: - EXTENSION OF TIME.

In the event that any act required by this Chapter or by a resolution adopted pursuant to Section 5-7-3 hereof 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. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

5-7A-9: - UNLAWFUL ACTS.

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 5-7-3 hereof, it shall be 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 said overhead facilities are required to be removed by such resolution, except as said 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 5-7-6 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Chapter.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

5-7A-10: - EXCEPTIONS FROM PROVISIONS.

Emergency or Unusual Circumstances: Notwithstanding the provisions of this Chapter, poles, overhead facilities and associated overhead structures may be installed and maintained in a district, with the approval of the Mayor, in order to provide emergency or temporary service.

Other Exceptions: Any resolution adopted pursuant to Section 5-7-3 hereof shall not, unless otherwise provided in such resolution, apply to any of the following types of facilities:

Any Municipal facilities or equipment installed under the supervision and to the satisfaction of the Building Official.

Poles or electroliers used exclusively for street lighting.

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.

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

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 building or to an adjacent building without crossing any public street.

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

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

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

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

5-7A-11: - VIOLATION AND PENALTIES.

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter. Any person violating any provision of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 1-5-1 of this Code. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this Chapter is committed, continued or permitted by such person and shall be punishable therefor as provided for in this Chapter.

(Ord. 68, 7-2-68; 1994 Code; Ord. No. 307, § 2, 7-23-01)

ARTICLE B. - UNDERGROUNDING OF UTILITIES

5-7B-1: - NEW CONSTRUCTION:

All electrical, telephone, Community Antenna Television System and similar service wires or cables, which provide direct service to new buildings and structures, shall be installed underground.

(Ord. No. 307, § 3, 7-23-01; Ord. No. 320, § 2, 9-25-06)

5-7B-2: - EXISTING BUILDINGS.

A property owner shall place all electrical, telephone, Community Antenna Television System, and similar service wires or cables underground, or if the City Engineer determines that undergrounding is infeasible, a property owner shall install a conduit so that the property will be ready to receive underground service at such time as underground service is available, if the owner is altering, repairing or renovating an existing building or performing grading work and either of the following criteria is satisfied:

The alteration, repair, renovation or grading would impact the connection to the existing electric, telephone, Community Antenna Television System, and similar service wires or cables; or

The cost of the alteration, repair or renovation equals or exceeds 30 percent of the replacement cost of the building or if more than 30 percent of the square footage of the building is being altered, repaired or renovated.

Any decision of the City Engineer pursuant to this paragraph shall be in writing and be provided to the property owner.

Upon application in writing by the property owner and payment of a fee in an amount as set by the City Council, the City Council may grant a waiver from the requirements of this Section 5-7B-2 if the City Council finds that the undergrounding of electrical, telephone, Community Antenna Television Systems and similar service wires or cables or the installation of conduits for the future undergrounding of such wires or cables is not practicable due to the nature of the alteration, repair or renovation or the physical condition of the property.

If a waiver from the requirements of this Section 5-7B-2 is granted by the City Council, that waiver shall not become effective unless and until the property owner enters into a covenant with the City agreeing not to protest the formation of an underground utility district and further agreeing to prepare the property to accept underground utility lines in accordance with the applicable rules, regulations and tariffs of the utility involved at the time that the undergrounding is performed whether or not such undergrounding is installed pursuant to a utility district. The covenant shall be in a form approved by the City Attorney and shall be recorded against the property.

(Ord. No. 307, § 3, 7-23-01; Ord. No. 320, § 2, 9-25-06)

5-7B-3: - RESPONSIBILITY FOR COMPLIANCE.

The property owner shall make the necessary arrangements with each utility or cable company for the installation of underground facilities.

(Ord. No. 307, § 3, 7-23-01; Ord. No. 320, § 2, 9-25-06)

5-7B-4: - ABOVE GROUND APPURTENANT EQUIPMENT.

For the purposes of this Article, equipment appurtenant to underground facilities such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts may be placed above ground unless the project is conditioned otherwise.

(Ord. No. 307, § 3, 7-23-01; Ord. No. 320, § 2, 9-25-06)

5-7B-5: - TEMPORARY UTILITIES.

Temporary overhead poles, overhead wires and associated overhead structures may be permitted for the period during which a valid building permit has been issued or for emergency services for less than ten days or other temporary purposes as approved by the City Engineer.

(Ord. No. 307, § 3, 7-23-01; Ord. No. 320, § 2, 9-25-06)

5-7B-6: - APPEALS.

A property owner aggrieved by any decision of the City Engineer may appeal that decision to the City Council prior to the expiration of any building plans submitted to the City pursuant to this Article. A written appeal shall be filed with the City Clerk accompanied by a fee in an amount as set by the City Council.

(Ord. No. 307, § 3, 7-23-01; Ord. No. 320, § 2, 9-25-06)