Lafayette Municipal Code Art. 1 General Provisions

In this chapter, unless the context otherwise requires:

(a) "Facility" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances and all other attachments and appurtenances used or useful in supplying electric, communication or similar or associated service.

(b) "Person" means and includes an individual, firm, corporation and partnership, and includes utility.

(c) "Service" means and includes, but is not limited to, the product of an electrical transmission device, such as electrical energy, television and telephone communications, through continuous conductive material.

(d) "Underground utility zone" means an area in the city within which all facilities are required to be installed underground.

(e) "Utility" means a person supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Ord. 18 § 1 (part), 1968)

This chapter and a resolution adopted under Section 7-325 does not apply to the following kind of facility:

(a) A facility used exclusively for a police and fire alarm box or similar municipal equipment;

(b) An overhead wire attached to the exterior surface of a building and extending from one location on the building to another location on the same building;

(c) A radio antenna and its associated equipment and supporting structure used for furnishing communication service;

(d) Equipment appurtenant to underground facilities, such as a surface-mounted transformer (except as otherwise required in accordance with Section 7-362), a pedestal mounted terminal box and meter cabinet, and a concealed duct;

(e) An overhead wire (exclusive of supporting structures) crossing any portion of an underground utility zone or connecting to buildings on the perimeter of such portion, when the wire originates in an area from which overhead facilities are not prohibited;

(f) A pole or electrolier used exclusively for street lighting;

(g) A facility used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;

(h) A facility used or to be used in conjunction with construction projects;

(i) Overhead facilities installed and maintained for a period not exceeding ten days to provide emergency service, unless the time is extended by the council upon terms and conditions it determines.

(Ord. 18 § 1 (part), 1968)

The council may waive the requirements that facilities be located underground under these circumstances:

(a) In an industrial subdivision after recommendation by the planning commission, when the council finds that a waiver is necessary or desirable to obtain the objectives of health, safety and general welfare and is in the public interest;

(b) Upon application by a person and a showing to the satisfaction of the city that (a) installation underground involves a threat or danger to persons or property and cannot be accomplished feasibly within applicable safety regulations or (b) installation underground involves an unnecessary or unusual hardship.

(Ord. 18 § 1 (part), 1968)

A person who desires a waiver shall file an application with the city on a form prescribed by it. The application shall set forth reasons why the exception should be granted. The city may require the applicant to provide supporting information, including reports relating to technical and economic aspects of construction and development prepared by a qualified person.

(Ord. 18 § 1 (part), 1968)

In granting a waiver of underground requirements under Section 7-303, the council may impose such conditions as it considers necessary or desirable in the public interest.

(Ord. 18 § 1 (part), 1968)