Tiburon Municipal Code Ch. 12A Underground Utility Districts—extensions

It is ordered by the town council that:

(a) Generally. All new extensions of existing utility distribution facilities, including but not limited to electric, communication and cable television lines, hereafter constructed or installed in the city shall be placed underground.

(b) Service to new or remodeled buildings. All electric and communication service laterals, including cable television service, to any new residential or commercial building or structure being remodeled when such remodeling requires the relocation or replacement of the property owner's main electrical service equipment, shall be placed underground from the main service facility within such building or structure to a location designated by the supplying utility.

(c) Responsibility for arrangements; compliance with applicable provisions. It will be the responsibility of the applicant for electric, communication or similar or associated service to make the necessary arrangements with the utility companies involved for the underground installation of wires and facilities required for such new extension or service, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities, on file with the state public utilities commission.

(Ord. No. 177 N.S., § 2)

The following installations shall be exempt from the provisions of section 12A-1:

(a) Any municipal equipment or facilities installed under the supervision and to the satisfaction of the town engineer.

(b) Poles or electroliers used exclusively for street lighting.

(c) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extended from one location on the building to another location on the same building or to an adjacent, accessory building within seventy-five feet and on the same lot or parcel as such building, such buildings being mutually accessible without crossing any public street.

(d) Poles, overhead wires and associated overhead structures used for the transmission of electrical energy at nominal voltages in excess of thirty-four thousand five hundred volts.

(e) Antennae, associated equipment and supporting structures used by a utility for furnishing communication services.

(f) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts.

(g) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects or which are installed and maintained for a period not to exceed ten days, in order to provide emergency service.

(Ord. No. 177 N.S., § 3)

Where the enforcement of the provisions of section 12A-1 would result in undue hardship, application for exceptions from the provisions thereof may be made in the following manner:

(a) Written application shall be filed with the Town of Tiburon building official. Application forms shall be available from the Tiburon building division.

(b) Such application shall include all information necessary to properly apprise the building official of the circumstances which require such exception. In instances where an exception is being sought from provisions of section 12A-1(b), the application must demonstrate how the project would qualify for a hardship exception under specific criteria adopted by the town council, such criteria being attached to the application form.

(c) The building official shall grant or deny such application.

(d) The decision of the building official may be appealed to the town council within ten calendar days.

(Ord. No. 177 N.S., § 4; Ord. No. 346 N.S., § 2; Ord. No. 437 N.S., § 2(A))

The provisions of section 12A-1 shall not prohibit the maintenance and operation of existing overhead facilities, nor prohibit the connection of underground service lines to existing overhead utility distribution equipment.

(Ord. No. 177 N.S., § 5)

(a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of an infraction and shall be subject to penalties pursuant to section 36900 of the Government Code, as amended. Each and every day that any violation of this chapter continues, is committed or is permitted shall be regarded as a new and separate offense. The remedies provided in this section shall be cumulative and not exclusive.

(b) Any violation of the provisions of this chapter is declared a public nuisance and shall be subject to summary abatement as provided by law.

(Ord. No. 177 N.S., § 6; Ord. No. 437 N.S., § 1(B))