Montclair Municipal Code Ch. 11.75 Undergrounding of Utilities

The intent and purpose of this chapter is to establish uniform regulations for the installation of underground utilities. For purposes of this chapter, any person, entity, agency, or property owner responsible for building on or remodeling, developing, or redeveloping any property within the City of Montclair is hereinafter referred to as "developer." Property upon which the work is taking place is hereinafter referred to as "property."

(Ord. No. 11-923, § 1, 7-5-11)

The California Public Utilities Commission's Rule 20 sets policies and procedures for the conversion of overhead power lines and other equipment to underground facilities.

(Ord. No. 11-923, § 1, 7-5-11)

The provisions of this chapter shall apply to subdivisions and residential, commercial, industrial, and mobilehome park development, redevelopment, remodeling, and building additions. No developer shall construct a new structure or structures; or modify, remodel, or add to any existing structure; or add an additional attached or detached dwelling structure upon any parcel of land unless:

All of the existing utility lines including, but not limited to, electrical, street lighting, data/communication/telephone, and cable television within the street frontage of the property or limits of the subdivision are placed underground and one of the following conditions has been complied with:

A. All utility lines and/or services including, but not limited to, electrical, data/ communication/telephone, and cable television that provide direct service to the existing structure and/or the new structure on the parcel of land, have been installed underground.

B. The existing main utility lines are located to the rear or side of the parcel of land on which the existing structure and/or new structure is constructed unless located in a public right-of-way.

C. The modification, remodeling, or addition is to an existing structure and no structure(s) is/are being added and the area of the work to be performed is equal to or less than 50 percent of the total square footage of the existing structures upon the parcel.

D. An exception of the foregoing requirements has been granted in accordance with the provisions of Section 11.75.050.

When utility undergrounding is required, no poles, wires, guy wires, pole supports or appurtenances, except as noted in Section 11.75.035, shall be permitted to remain within the property frontage or parkways. Development on corner lots will require undergrounding through the adjacent intersection.

(Ord. No. 11-923, § 1, 7-5-11)

For the purposes of this chapter, appurtenances and associated equipment, such as, but not limited to, surface-mounted or pad-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and streetlights (with underground service) may be placed above ground if permitted by and in accordance with the rules of the California Public Utilities Commission.

(Ord. No. 11-923, § 1, 7-5-11)

If the width of the frontage of property is equal to or less than 600 feet, developer may opt to pay an in-lieu undergrounding payment to City. If property includes two or more street frontages, the 600-foot limitation shall apply to each street individually. The in-lieu undergrounding payment shall be determined as the product of the width of the property along each street and a cost per foot set forth by a resolution of the City Council. In-lieu payments collected by the City may be used for utility undergrounding anywhere within the City.

(Ord. No. 11-923, § 1, 7-5-11)

A. The provisions of this chapter shall not include or apply to the following:

1. Primary electrical energy transmission facilities operated at nominal voltages in excess of 20,000 volts.

2. Facilities necessary to the transmission or reception of radiated wireless communication media.

3. Temporary facilities to supply electrical power or communication services for construction purposes.

4. Temporary facilities to supply electrical power to communication services interrupted by damage or destruction of existing underground facilities.

B. Where the enforcement of the provisions of this section would result in severe economic hardships requiring underground expenditures or in-lieu utility undergrounding payments that are substantially disproportionate to the improvement being remodeled or erected and served, property owners may make an application for exception from the provisions of this section in the following manner:

1. An exception application shall be filed with the City Manager for consideration. An exception application filing fee shall be submitted concurrent with the exception application, said fee being set by City Council Resolution. The fee shall be paid to the City at the time of filing. No application shall be considered filed unless the established fees have been paid to the City.

2. Such application shall include all information necessary to properly apprise the City Manager of the circumstances existing that require such an exception.

3. Within 30 working days after the filing of such application, the City Manager shall consider the application and shall make his/her findings regarding the acceptance or rejection of the exception application. Failure of the City Manager to respond within 30 working days shall be deemed denial of the application.

4. The exception application may be further appealed to the City Council by submitting the application to the City Clerk to agendize for City Council consideration. An exception appeal application filing fee shall be submitted concurrent with the exception application, said fee being set by City Council Resolution. The fee shall be paid to the City at the time of filing. No appeal application shall be considered filed unless the established fees have been paid to the City. The City Council's decision to uphold or overturn the City Manager's decision shall be deemed final.

(Ord. No. 11-923, § 1, 7-5-11)