Livingston Municipal Code Ch. 3 Underground Utilities

Utilities serving new development shall be installed underground rather than by the use of poles and overhead lines, and where applicable shall be installed in accordance with California Public Utilities Commission rules and regulation. This requirement applies to electrical service and telecommunications (including cable TV, telephone and data transmission) connections between utility company distribution lines and all proposed structures on a site, and all new installations that distribute utilities within a site. This section does not apply to the following:

(A) New structures on parcels of five acres or larger, or requiring uninterrupted utility runs of 500 feet or more;

(B) Public utility distribution service to the edge of the lot, except in an underground utility district or where 75% of the lots on the street within 1,000 feet of the site area already developed, and have overhead service from the utility company distribution source to the residences;

(C) Where underground installation may cause a substantial adverse environmental impact, as determined by the City;

(D) Temporary overhead extensions for use during construction and/or for the purpose of testing the power supply.

This section may require an applicant to underground utilities from the utility company distribution source to the site, as well as on the site itself. The utility service provider should be contacted for information on the Public Utility Commission's rules and regulations regarding the undergrounding of utilities. Poles and overhead lines other than those allowed by this section are allowable subject to Minor Use Permit approval, provided that the City first finds that either topographical, soil or similar physical conditions or the distance to the utility company distribution source make the use of underground utilities unreasonable or impractical.

(Ord. 653, passed 4-16-2024)

(A) The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed misdemeanors under the Livingston Municipal Code shall be as follows:

• 1. First administrative citation: $250.00 per violation;
• 2. Second administrative citation: $500.00 per violation;
• 3. Third administrative citation: $1,000.00 per violation; and

4. One thousand dollars ($1,000.00) per violation for each subsequent administrative citation.

(B) The administrative citation penalty for all violations of this chapter, within a rolling 12-month period, deemed infractions under the Livingston Municipal Code shall be as follows:

• 1. First administrative citation: $100.00 per violation;
• 2. Second administrative citation: $200.00 per violation;
• 3. Third administrative citation: $500.00 per violation; and

4. Five hundred dollars ($500.00) per violation for each subsequent administrative citation.

(Ord. 653, passed 4-16-2024)

(A) 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.

(B) 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.

(C) 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. 146, passed 12-9-1968)

Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in § 9-3-3 of this chapter, 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 § 9-3-8(B) of this chapter, 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. 146, passed 12-9-1968)

(A) Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed ten days, without authority of the City Council in order to provide emergency service.

(B) The Council may grant special permission, on such terms as the Council 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. 146, passed 12-9-1968)

This chapter and any resolution adopted pursuant to § 9-3-3 of this chapter shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

(A) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;

(B) Poles or electroliers used exclusively for street lighting;

(C) 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;

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

(E) 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;

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

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

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

(Ord. 146, passed 12-9-1968)

(A) Within ten days after the effective date of a resolution adopted pursuant to § 9-3-3 of this chapter, 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. Said City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire 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 applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

(B) Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to section 9-3-3 of this chapter, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Ord. 146, passed 12-9-1968)

(A) Utility companies. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to § 9-3-3 of this chapter, 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.

(B) Property owners.

1. 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 or her property between the facilities referred to in subsection (A) of this section and the termination facility on or within said building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

2. In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection (B)1. of this section within the time provided for in the resolution enacted pursuant to § 9-3-3 of this chapter, the Director of Public Works shall post written notice on the property being served and 30 days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.

(C) 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 § 9-3-3 of this chapter.

(Ord. 146, passed 12-9-1968)

In the event that any act required by this chapter or by a resolution adopted pursuant to § 9-3-3 of this chapter 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. 146, passed 12-9-1968)

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 punished as provided in § 1-4-1 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. 146, passed 12-9-1968)

(A) All new utility distribution facilities and lines including, but not limited to, gas, water, sewer, electrical communications, street lighting and cable television shall be installed underground, except that overhead utility lines may be permitted when it is determined by the City Council that such facilities are designed to serve areas larger than that being subdivided and that it is impractical to locate such facilities underground.

(B) When overhead lines are approved by the City Council, they shall extend along alleys, side lot, rear yard or privately owned easements, whichever is possible, except where such overhead lines cross streets, or must be located outside of easements for good and sufficient reasons as determined by the City Council.

(C) Street lighting standards, underground cables of conduit and conductors and all materials and appurtenances necessary shall be installed of a design and at a location approved by the City Engineer.

(D) It shall be the responsibility of the subdivider to ensure that utilities are installed in compliance with the requirements of this section. He or she shall make the necessary arrangements with the companies or other agencies for such installation, according to the specifications of the governing agency. For the purpose of this section, appurtenances and associated equipment such as, but not limited to, surface mounted switches, transformers, pedestal mounted terminal boxes and meter cabinets may be placed above ground.

(Ord. 515, passed 4-20-2004)