Pomona Municipal Code Div. 1 Generally

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

Undergrounding means the location or relocation of utilities so that all of the utility facilities are located under the surface of the ground, except for appurtenances and associated equipment, including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts. All such undergrounding work, where required, shall be constructed and maintained in accordance with all applicable laws, rules, regulations and tariffs, applicable to the affected utility, adopted or approved by the state public utilities commission.

Utility and utility facilities mean wire, conduit and similar devices designed and/or utilized for supplying and/or distributing electrical energy and/or services, telephone, telegraph or cable television service to a consumer.

(b) Required. Notwithstanding any other section of this Code, the undergrounding of utility facilities shall be required in all of the following circumstances, except as expressly provided in subsection (c) of this section:

(1) Construction or reconstruction based on certain cost. All utilities to serve any property upon which it is proposed to construct or reconstruct any building or structure or combination thereof, for which a building permit is required, where the estimated cost of such construction is $3,000.00 or more shall be underground.

(2) Relocations. All structures to be relocated into or within the city upon any parcel of land shall be required to install underground utilities where the usable floor area of such building or structure to be relocated is a total of 850 square feet or more.

(3) Responsibility for compliance. The owner and person who occupies any property to which this section applies shall be responsible for compliance with this section, including, but not limited to, obtaining the installation of required facilities by the appropriate utility companies.

(c) Exemption. The building official shall grant an exemption from this section if he finds:

(1) The temporary nature of the development makes such installations unreasonable.

(2) All of the following facts are present:

a. All adjacent properties are served by overhead utility facilities;

b. Compliance with this section constitutes an undue financial hardship which renders the proposed development economically unfeasible; and

c. The owner of the property involved agrees, in writing, to join and participate without protest in an undergrounding utility district should one be initiated pursuant to applicable law. Such agreement shall be recorded and shall bind all assignees and successors in interest to the then owner of the property.

Such facts shall be founded upon evidence submitted at a hearing substantially in accordance with section 74-190.

(3) The development comprises a single R-1 lot surrounded by improved developed property, all of which have aboveground utilities.

The decision of the building official is final.

(Code 1959, § 5-150; Ord. No. 3449, § 4)