Chapter 12.48 — UNDERGROUND UTILITY DISTRICTS

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Overhead structures, lines, or facilities means any poles, towers, supports, wires, cables, lines, fiber optics, conduits, conductors, guys, stubs, platforms, crossarms, braces, transformers, capacitors, insulators, cutouts, switches, communication circuits, appliances, apparatus, appurtenances, and other equipment and structures located above ground and used in delivering, supplying, transmitting, distributing, transporting, conducting, or conveying electricity, communications, or similar emissions or service to the Town, in the Town or through the Town.

Underground utility district or utility district or district means the area in the Town within which overhead facilities are required to be removed and installed underground, as such area is described in this chapter.

Utility includes all persons or entities supplying, delivering, transmitting, distributing, transporting, conducting or otherwise conveying electricity, communications or similar or associated emissions or service to the Town, in the Town, through the Town by means of electrical apparatus, fiber optic apparatus, or similar apparatus.

(Code 1990, § 12.42.010; Ord. No. 22-03, § 4(exh. B), 4-20-2022)

(a)

The Town Council finds and determines that the public interest requires that poles, overhead lines and associated overhead structures used in supplying electric service, communications service or similar associated service be placed in underground locations in order to promote and preserve the health, safety and general welfare of the public.

(b)

The Town Council finds and determines that the public interest requires that the following described areas in the Town as delineated with more detail in those certain maps, titled "Underground Utility District Maps" and made a part hereof by reference, be declared to be and the same are declared to be and established as underground utility districts, and persons maintaining poles, and overhead lines and associated overhead structures in such districts shall remove the same within the period of time as indicated:

(1)

District No. 2013-01: 600 feet along the north side of Main Street/Highway 203 to the street centerline, as shown in Exhibit A to Ordinance 13-07, which is incorporated herein by reference.

(2)

District No. 2022-01: 900 feet along the west side of Laurel Mountain Road between Main Street/SR203 and Tavern Road as shown on Exhibit A to Ordinance No. 2022-03, which is incorporated herein by reference.

(c)

No new poles, overhead lines and associated overhead structures may be installed within established underground utility districts unless authorized by the Town. Unless a different time period is established by an ordinance creating the underground utility district, all existing overhead lines, structures, and facilities shall be removed from an underground utility district within 180 days after a suitable replacement underground facility is complete and ready for service.

(Code 1990, § 12.42.020; Ord. No. 22-03, § 4(exh. B), 4-20-2022)

• Poles, overhead lines and associated overhead structures prohibited in underground districts.

(a)

When any area of the Town is declared to be an underground utility district, it shall be unlawful for any person or utility to erect, construct, use, or maintain poles, overhead lines and associated overhead structures within the district after the date when the utilities are required to be removed.

(b)

From and after the effective date of the establishment of any underground utility district, it shall be unlawful for any person or utility to erect or construct poles, overhead lines and associated overhead structures within the district.

(c)

Any individual or utility who shall erect or construct poles, overhead lines and associated overhead structures within any underground utility district or who shall neglect to take down and remove such poles, overhead lines and associated overhead structures within the time designated in this chapter or who shall otherwise fail to comply with the provisions of this chapter shall be guilty of a misdemeanor. Each consecutive 15-day period during which the failure to comply with the provisions hereof shall constitute a separate offense. Such violation is likewise hereby declared to be a nuisance and may be abated by the Town Attorney in the manner provided for the abatement of nuisances.

(Code 1990, § 12.42.030; Ord. No. 22-03, § 4(exh. B), 4-20-2022)

(a)

The Town Council may from time to time hold public hearings to ascertain whether the public necessity, health or safety requires the removal of poles and overhead lines and associated overhead structures from some designated area of the Town. The Town Clerk or designee shall publish a notice of the public hearing and the Town Clerk or designee shall notify all affected property owners as shown on the last equalized assessment roll and affected utilities by mail of the time and place of such hearings at least 30 days prior to the date thereof.

(b)

If, after any such public hearing, the Town Council finds that the public necessity, health and safety require such removal, the Council shall, by ordinance amending Section 12.48.020, declare such area an

underground utility district. Such ordinance shall include a description of the area comprising such district and shall fix the time within which such poles and overhead lines and associated overhead structures shall be removed and within which affected property owners must be ready to receive underground service. The 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 1990, § 12.42.040; Ord. No. 22-03, § 4(exh. B), 4-20-2022)

The provisions of this chapter shall not apply to the following types of facilities:

(1)

Poles used exclusively for police and fire alarm boxes, traffic control facilities, or any similar equipment owned by a public agency and installed under the supervision and to the satisfaction of the Public Works Director or designee;

(2)

Poles used exclusively for street lighting;

(3)

An electric distribution or transmission system, if the Public Works Director determines that underground installation of such distribution or transmission system is infeasible and not practicable. The decision of the Public Works Director or designee in such matters is final;

(4)

When authorized by the Public Works Director or designee, poles, overhead lines and associated overhead structures crossing or entering any portion of a district from which poles, overhead lines and associated overhead structures have been prohibited and originating in an area in which poles, overhead lines and associated overhead structures are not prohibited;

(5)

When authorized by the Public Works Director of designee, overhead lines 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;

(6)

Radio antenna and associated equipment and supporting structures used for furnishing wireless communications services;

(7)

Changes in or additions of aerial drop lines and anchors or the addition or replacement of lines and cables on poles in place on May 20, 2022;

(8)

Service terminals, in pedestals, in above ground locations, used to distribute communications service in underground systems; or

(9)

Facilities owned by a public agency, to the extent that the Town lacks the authority to regulate the use of such facilities by that public agency.

(Code 1990, § 12.42.050; Ord. No. 22-03, § 4(exh. B), 4-20-2022)

Notwithstanding any other provisions of this chapter the Town Council may grant special exceptions on a permanent or temporary basis to the provisions hereof, on such terms as the Town Council may deem appropriate in cases of emergency or unusual circumstances, to any person to erect, construct, install, maintain, use or operate poles and overhead lines and associated overhead structures within any underground utility district, provided that prior thereto the Town Council shall have made a finding that granting of such special exception does not violate the general purposes of this chapter, will not be detrimental to the public interest, welfare, safety, peace or health and that such action will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the underground utility district.

(Code 1990, § 12.42.060; Ord. No. 22-03, § 4(exh. B), 4-20-2022)

In the event that any act hereby required by any person or utility herein referred to cannot be performed within the time herein provided on account of shortage of materials, war, restraint by public authorities, strikes, or by any circumstances beyond the control of the person or utility or by unusual hardships, then the time within which such act shall be accomplished may be extended by the Public Works Director or designee, for a period not exceeding one year.

(Code 1990, § 12.42.070; Ord. No. 22-03, § 4(exh. B), 4-20-2022)

Unless a different time period is established within the ordinance creating a specific underground utility district, within 30 days after the establishment of the underground utility district the Public Works Director or designee shall so notify all affected property owners and utilities owning real property within the affected area. The Public Works Director or designee shall further notify affected property owners and utilities that poles, overhead lines and associated overhead structures are to be removed and that if the affected owners and utilities or the tenants or occupants of their property desire to continue to receive electric, communication or similar associated service they shall make all necessary facility changes on their premises so as to receive the services at a new location subject to the applicable rules, regulations and

tariffs of the respective utilities on file with the State Public Utilities Commission or with such utilities, and the utility rules and regulations of the Town.

(Code 1990, § 12.42.080; Ord. No. 22-03, § 4(exh. B), 4-20-2022)

(a)

All conduits, conductors and associated equipment necessary to receive electric, communication or similar associated services between service conductors or underground pipes or conduits of the supplying utilities and the service facilities to the building or structure being served shall be provided by the person owning, operating, leasing or renting the affected property subject to applicable rules, regulations and tariffs of the respective utilities on file with the State Public Utilities Commission and the utility rules and regulations of the Town.

(b)

The underground service connection construction shall be accomplished within the time specified in Section 12.48.020 or if the time is not specified therein, within 30 days after the installation of the replacement underground utility facilities.

(Code 1990, § 12.42.090; Ord. No. 22-03, § 4(exh. B), 4-20-2022)

(a)

In the event the person owning, operating, leasing or renting the affected property does not comply with the provisions of Section 12.48.090 within the time specified therein the Public Works Director shall have the authority to order the disconnection and removal of poles, overhead lines and associated overhead structures supplying utility service to the affected property and the utility shall not be thereafter required to provide service to such premises until the owner, tenant or occupant makes the necessary changes.

(b)

Noncompliance by any person owning, operating, leasing or renting the affected property with the provisions of Section 12.48.090 shall constitute a misdemeanor. Until such time as notice is given pursuant to the provisions of Section 12.48.080 the utility shall not be in violation of this chapter 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 those facilities.

(Code 1990, § 12.42.100; Ord. No. 22-03, § 4(exh. B), 4-20-2022)

The cost of disconnecting and removing poles, overhead lines and associated overhead structures supplying electric service incurred by the Town under Section 12.48.090 shall become a lien on the property theretofore served from the same.

(Code 1990, § 12.42.110; Ord. No. 22-03, § 4(exh. B), 4-20-2022)

Titles 13, 14 - RESERVED