Loomis Municipal Code Ch. 10.04 Underground Utility Districts

Unless the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter.

"Commission"

means the Public Utilities Commission of the state of California.

"Person"

means and includes any individual, firm, corporation, partnership, association and their agents and employees.

"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 services.

"Underground utility district or district"

means that area in the town 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 10.04.030.

"Utility"

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

(Ord. 48 § 1, 1987)

The town 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 town and the underground installation of wires and facilities for supplying electric, communication, television, or similar associated service. The town 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 fifteen calendar days prior to the date thereof and shall provide said owners with a summary description of the proposed underground utility district.

(Ord. 48 § 200, 1987; Ord. 84 § 8, 1990; Ord. 207 § 35, 2003)

If after any such public hearing the town council finds that the public necessity, health, safety or welfare requires removal and such underground installation within a designated area, the town 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. The town council shall allow a reasonable time for such removal and underground installation of such underground facilities as may be occasioned thereby.

(Ord. 48 § 201, 1987)

Whenever the town council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in this chapter, 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 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 10.04.090, 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. 48 § 202, 1987)

The planning director may grant special permission, on such terms as the director may deem appropriate, in cases of emergency or unusual circumstances, to erect, construct, install, maintain, use or operate, poles and overhead wires, and associated overhead structures, notwithstanding any other provisions of this chapter. The planning director may establish administrative regulations specifying such emergency or unusual circumstances.

(Ord. 48 § 203, 1987)

This chapter and any resolution adopted pursuant to Section 10.04.030 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 planning director;

B. Poles or electroliers used exclusively for street lighting, fire alarm boxes or emergency services;

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 thirty-five thousand 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. Antennae, 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;

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

(Ord. 48 § 204, 1987; Ord. 87 § 1, 1990)

A. Within ten days after the effective date of a resolution adopted pursuant to Section 10.04.030, the town clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The town clerk shall further notify such affected property owners of the necessity that, if they or any other person occupying such property desire to continue to receive electric, communication, television, 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 town clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 10.04.030, together with a copy of the ordinance codified in this chapter to affected property owners of the necessity that, if they or any other person occupying such property desire to continue to receive electric, communication, television, 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.

Notification by the town clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 10.04.030, together with a copy of the ordinance codified in this chapter to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Ord. 48 § 206, 1987)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 10.04.030, 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 Commission.

(Ord. 48 § 207, 1987)

A. Every person owning a building or structure, and every applicant for a zoning approval or other entitlement as specified in Section 10.04.030, the applicant whether owning, operating, leasing, occupying or renting a building or structure within a district, shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 10.04.080 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.

B. In the event any person described in subsection (A) of this section does not comply with the provisions of subsection (A) of this section within the time provided for in the resolution enacted pursuant to Section 10.04.030, the planning director shall post written notice on the property being served and thirty calendar days thereafter shall have the authority to request the disconnection and removal of any and all overhead service wire and associated facilities supplying utility service to said property. The written notice shall state that if the work is not completed within thirty calendar days after receipt of such notice, the planning director will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

C. In the alternative, if the above described work is not accomplished by any person described in subsection (A) of this section within the time provided for in the resolution enacted pursuant to Section 10.04.030, the planning director shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten calendar days after receipt of such notice.

1. If upon the expiration of the thirty-day period, the said required underground facilities have not been provided, the planning director shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the planning director shall, in lieu of providing the required underground facilities, 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. Upon completion of the work by the planning director, he shall file a written report with the town council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten calendar days thereafter.

2. The planning director shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

3. Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.

4. If any assessment is not paid within five calendar days after its confirmation by the council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the planning director, and the planning director is directed to turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been paid, and said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the maximum rate permitted by law.

(Ord. 48 § 208, 1987; Ord. 87 § 1, 1990)

The town shall remove at its own expense all town-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 10.04.030 hereof.

(Ord. 48 § 209, 1987)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 10.04.030 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. 48 § 210, 1987)

The council of the town shall appoint an underground utility committee to carry out the purposes of this chapter which are, specifically, to provide a planning basis for the conversion of existing overhead utilities; and to insure that adequate funds are available to complete proposed underground utility conversion projects, and to make such other recommendations to the council on the undergrounding of utilities within the town as may be appropriate.

(Ord. 87 § l, 1990)