Truckee Municipal Code Ch. 13.06 Underground Utility Districts

Except where the context otherwise requires, the definitions set forth in this section govern the construction of this chapter.

(a) Town Council or Council means the Town Council of the Town of Truckee.

(b) Town Engineer means the Town Engineer of the Town of Truckee, or his/her designee.

(c) Town Clerk means the Town Clerk of the Town of Truckee, or his/her designee.

(d) Person includes individuals, partnerships, firms, utilities, corporations, and public agencies, provided that public agencies shall be excluded from this definition to the extent necessary to reflect the limits of the Town's ability to regulate public agencies' electric utility operations.

(e) 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.

(f) Overhead Structures or 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.

(g) 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.

(a) The Town Council of the Town of Truckee 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 of Truckee as delineated with more detail in those certain maps entitled 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. 1. All of the area in the County of Nevada, Town of Truckee, encompassing the area contiguous with Donner Pass Road between Coldstream Road and McIver Crossing Roundabout.

2. District No. 2. All of the area in the County of Nevada, Town of Truckee, encompassing the area contiguous with:

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West River Street from 10331 West River Street to Bridge Street;

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East River Street from 10037 East River Street to Bridge Street;

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Mill Street from West River Street to 10205 Riverside Drive;

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Bridge Street from the Truckee River to Jibboom Street;

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Jibboom Street from Spring Street to Stoneridge Drive;

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Church Street from Bridge Street to Truckee Way; and

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All area as more particularly described on that certain map entitled "Boundary for Downtown Underground Utility District No. 2" attached to Ordinance 2020-05 as "Exhibit A" and 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 of Truckee. 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.

(a) Whenever 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 fifteen-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.

(a) The Town Council may from time to time call 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 thirty 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 13.06.020 of this chapter, 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.

The provisions of this Chapter 13.06 shall not apply to the following types of facilities:

(a) 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 Town Engineer or designee;

(b) Poles used exclusively for street lighting;

(c) An electric distribution or transmission system, if the Town Engineer determines that underground installation of such distribution or transmission system is infeasible and not practicable. The decision of the Town Engineer or designee in such matters is final;

(d) When authorized by the Town Engineer 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;

(e) When authorized by the Town Engineer or 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;

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

(g) Changes in or additions of aerial drop lines and anchors or the addition or replacement of lines and cables on poles in place on February 10, 2017;

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

(i) 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.

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.

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 Town Engineer or designee, for a period not exceeding one year.

Within thirty days after the establishment of the underground utility district the Town Engineer or designee shall so notify all affected property owners and utilities owning real property within the affected area. The Town Engineer 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 California Public Utilities Commission or with such utilities, and the utility rules and regulations of the Town of Truckee.

(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 California Public Utilities Commission and the utility rules and regulations of the Town of Truckee.

(b) The underground service connection construction shall be accomplished within the time specified in Section 13.06.020 or if the time is not specified therein, within 30 days after the installation of the replacement underground utility facilities.

(a) In the event the person owning, operating, leasing or renting the affected property does not comply with the provisions of Section 13.06.090 within the time specified therein the Town Engineer or designee 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 13.06.090 shall constitute a misdemeanor. Until such time as notice is given pursuant to the provisions of Section 13.06.080 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.

The cost of disconnecting and removing poles, overhead lines and associated overhead structures supplying electric service incurred by the Town under Section 13.06.100 shall become a lien on the property theretofore served from the same.

(Ord 2016-15, 01/12/2017)