Petaluma Municipal Code Ch. 14.36 Underground Utility DISTRICTS1

1 Editor’s Note: For statutory provisions on the conversion of overhead electrical and communication facilities

to underground locations, see Str. and H. Code § 5896.1 et seq.; for statutory provisions providing for the

assessment of properties obtaining connections to underground facilities, see Gov. Code § 38793.

Whenever in this chapter the words or phrases hereinafter in this section deJned are used, they shall have the

respective meanings assigned to them in the following deJnitions:

A. "Commission" means the public utilities commission of the state;

B. "Person" includes individuals, Jrms, corporations, partnerships, and their agents and employees;

C. "Poles, overhead wires and associated overhead structures" mean poles, towers, supports, wires, conductors,

guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits,

appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying

electric, communication or similar or associated service;

D. "Underground utility district or district" means that area in the city within which poles, overhead wires, and

associated overhead structures are prohibited as such area is described in resolution adopted pursuant to the

provisions of Section 14.36.030;

E. "Utility" includes all persons or entities supplying electric, communication or similar or associated service by

means of electrical materials or devices.

(Ord. 893 NCS §1; prior code §10.1.)

The 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 city and the underground installation of wires and facilities for supplying electric, communication or

similar or associated service. The city clerk shall notify all aMected property owners as shown on the last equalized

assessment roll and utilities concerned by mail of the time and place of such hearing at least ten days prior to the

date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such

hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be Jnal

and conclusive. (Ord. 893 NCS § 1; prior code §10.2.)

resolution.

If, after any such public hearing the council Jnds that the public necessity, health, safety and 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. Such

resolution shall include a description of the area comprising such district and shall Jx the time within which such

removal and underground installation shall be accomplished and within which aMected property owners must be

ready to receive underground service. 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. 893 NCS §1; prior code

§10.3.)

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and

associated overhead structures therein as provided in Section 14.36.030, 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 such overhead facilities are required to be removed by

such resolution, except as such 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 14.36.090, and for such reasonable time

required to remove such facilities after such work has been performed, and except as otherwise provided in this

chapter. (Ord. 893 NCS §1; prior code § 10.4.)

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 council, in order to provide emergency service. 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. 893 NCS §1; prior code § 10.5.)

In any resolution adopted pursuant to Section 14.36.030, the city may authorize any or all of the following

exceptions:

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 voltage in excess of thirty-four thousand and Jve hundred volts;

E. Overhead wires attached to the exterior surface of a building by means of a bracket or other Jxture 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. 893 NCS §1; prior code § 10.6.)

Within ten days after the eMective date of a resolution adopted pursuant to Section 14.36.030, the city clerk shall

notify all aMected utilities and all persons owning real property within the district created by such resolution of the

adoption thereof. The city clerk shall further notify such aMected 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 the applicable rules,

regulations and tariMs of the respective utility or utilities on Jle with the commission.

NotiJcation by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section

14.36.030, together with a copy of this chapter, to aMected property owners as such are shown on the last

equalized assessment roll and to the aMected utilities. (Ord. 893 NCS §1; prior code § 10.7.)

If underground construction is necessary to provide utility service within a district created by any resolution

adopted pursuant to Section 14.36.030, 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 tariMs on Jle

with the commission. (Ord. 893 NCS §1; prior code § 10.8.)

A. 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 property between the facilities referred to in

Section 14.36.080 and the termination facility on or within such building or structure being served, all in

accordance with applicable rules, regulations and tariMs of the respective utility or utilities on Jle with the

commission.

B. In the event any person owning, operating, leasing, occupying or renting such property does not comply with

the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to

Section 14.36.030, the city engineer shall post written notice on the property being served and thirty 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 such property.

(Ord. 893 NCS § 1; prior code § 10.9.)

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 speciJed

in the resolution enacted pursuant to Section 14.36.030. (Ord. 893 NCS §1; prior code §10.10.)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 14.36.030 cannot

be performed within the time provide 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. 893 NCS §1; prior code §10.11.)