Article IV — UNDERGROUND UTILITY DISTRICTS

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Poles and overhead wires and associated overhead structures. Poles, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground, upon, along, across, or over the streets, alleys and ways of the Town, and used or useful in supplying electric, communication or similar or associated service.

Underground utility district or district. An area in the Town within which poles and overhead wires and associated overhead structures are prohibited by a resolution adopted pursuant to the provisions of this article.

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

(Code 1968, § 32-14; Ord. No. 1960, § I, 11-1-93)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

(a)

The Town Council may, from time to time, call public hearings by Resolution of Intention to ascertain whether the public necessity, health or safety requires the removal of poles and overhead wires and associated overhead structures from the public streets, alleys or ways, within designated areas of the Town and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The Town Clerk shall notify all affected property owners and utilities by mail of the time and place of such hearings at least thirty (30) days prior to the date thereof.

(b)

If, after any such public hearing, the Town Council finds that the public necessity, health or safety requires such removal and such underground installation within any such area, the Town Council shall, by resolution, declare such area an underground utility district. Such resolution shall include a description of the area comprising such district and shall fix the time within which such poles and overhead wires and associated overhead structures shall be removed and within which affected property owners shall be ready to receive underground service. The Town Council shall allow a reasonable time for such removal, having due regard for the availability of necessary labor, materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby.

(Code 1968, § 32-15; Ord. No. 1960, § II, 11-1-93)

(a)

Whenever the Town Council by resolution declares an area of the Town an underground utility district as provided in this article, it shall be unlawful for any person or utility to maintain any pole, overhead wire or associated overhead structure on any public street, alley or way within the district after the date when such overhead facilities are required to be removed.

(b)

No person or utility shall erect, construct, place, keep, maintain, continue, employ or operate any such pole or overhead wire or associated overhead structure on any public street, alley or way within the district, or shall neglect to take down and remove any such pole, overhead wire or associated overhead structure within the time designated in such resolution, or shall otherwise fail to comply with the provisions of this article.

(Code 1968, § 32-16; Ord. No. 1960, § III, 11-1-93)

(a)

Within ten (10) days after passage of a resolution pursuant to this article, the Town Clerk shall notify all affected utilities and all persons owning real property within the district described in such resolution of the adoption thereof. The Town Clerk shall further notify such property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other 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, subject to applicable rules, regulations and tariffs of the respective utilities on file with the State Public Utilities Commission and to the requirements of State laws and Town ordinances.

(b)

Notification shall be made by mailing a copy of such resolution, together with a copy of this article, to the affected utilities and to affected property owners as such are shown on the last equalized tax roll of the Town.

(Code 1968, § 32-17; Ord. No. 1960, § IV, 11-1-93)

If underground construction is necessary to provide utility service within the area affected by any resolution enacted pursuant to this article, 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 State Public Utilities Commission. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the State Public Utilities Commission, and shall be completed within the time for removal of overhead facilities specified in the resolution enacted pursuant to this article.

(Code 1968, § 32-18; Ord. No. 1960, § V, 11-1-93)

(a)

All underground construction and conduits, conductors and associated equipment necessary to receive utility service between the service facilities referred to in section 27.40.030 and the service facilities in the building or structure being served shall be provided by the person owning, operating, leasing or renting such property, subject to applicable rules, regulations and tariffs of the respective utility on file with the State Public Utilities Commission and to the lawful requirements of State laws and Town ordinances.

(b)

In the event the person owning, operating, leasing or renting such property does not comply with the provision of subsection (a) of this section within the time provided for in the resolution enacted pursuant to this article, the Town Engineer shall have the authority to order the disconnection and removal of all overhead service wires and associated facilities supplying utility service to such property.

(c)

If such person does not comply, the Town Engineer shall have the authority to enter and cause the lines to be placed underground. The costs shall be billed to the owner of record as shown on the last equalized assessment roll. If they are not paid within ninety (90) days of the date of the invoice, the Town shall cause the invoice to be recorded as a lien against the property.

(d)

Noncompliance by any person owning, operating, leasing or renting such property with the provisions of this section shall constitute a violation of this Code. Until such time as an order is issued pursuant to subsection (b) of this section, the supplying utility shall not be in violation of this article or the resolution enacted pursuant to this article in continuing to maintain overhead facilities necessary to serve such person during the period of such noncompliance and such reasonable time thereafter as may be necessary to remove the same.

(Code 1968, § 32-19; Ord. No. 1960, § VI, 11-1-93)

The Town shall remove its police and fire alarm circuits or any similar municipal equipment at its own expense 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 same within the time specified in the resolution enacted pursuant to this article.

(Code 1968, § 32-20; Ord. No. 1960, § VII, 11-1-93)

In the event that any act required by this article or by a resolution adopted pursuant to this article cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances 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.

(Code 1968, § 32-21; Ord. No. 1960, § VIII, 11-1-93)

The Town Council may, in any resolution enacted pursuant to this article, grant special permission, on such terms as the Council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this article.

(Code 1968, § 32-22; Ord. No. 1960, § IX, 11-1-93)

This article shall not apply to the following types of facilities:

(1)

Poles used exclusively for police and fire alarm boxes or any similar municipal equipment installed under the supervision and to the satisfaction of the Town Engineer;

(2)

Poles and overhead wires and associated overhead structures used exclusively for street lighting;

(3)

Wires (exclusively of supporting structures) crossing any portion of the district from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited;

(4)

Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one (1) location on the building to another location on the same building or to an adjacent building without crossing any public streets;

(5)

Radio antennae, their associated equipment and supporting structures, used by a utility for furnishing communication services;

(6)

Service terminals in pedestals above the ground, used to distribute electric or communication service in underground systems.

(Code 1968, § 32-23)