Woodside Municipal Code § 53.38 Emergencies and unusual circumstances

The Council hereby finds and declares that the public interest requires that facilities and wires for the extension of existing facilities for the supply and distribution of electrical energy and service, including communication service, shall be placed underground in order to promote and preserve the health, safety, and general welfare of the public and to assure the orderly development of the Town.

(1975 Code, § 7-5.301) (Ord. 1981-296, effective 7-9-81)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Commission. The Public Utilities Commission of the State.

Poles, overhead wires, and associated overhead structures. Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground within an Underground Utility District and used or useful in supplying electric, communication, or similar or associated service.

Utility. All persons or entities supplying electric, communication, or similar or associated services by means of electrical materials or devices.

(1975 Code, § 7-5.302) (Ord. 1981-296, effective 7-9-81)

(A) Any extension of a utility distribution facility beyond that existing on July 9, 1981, all electrical and communication service wires or cables to any new building or structure, and all electrical and communication service wires to any old building or structure not already served by aboveground overhead wires or cables shall be placed underground, unless special permission to construct such facilities aboveground in granted as provided in this subchapter.

(1975 Code, § 7-5.303)

(B) The provisions of division (A) above of this section shall not apply to:

(1) Existing overhead electric and communication facilities which may be serviced, replaced, and repaired;

(2) Overhead service connections from a utility pole to a service entry weatherhead on a customer's structure which may be replaced or increased in capacity if a two or three separate wire service is replaced by a single cable service;

(3) Overhead wires 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 or private street, or to another building on the same lot provided such wires are screened from the public right-of-way and from adjacent properties;

(4) Equipment appurtenant to underground facilities, such as terminal boxes, meter cabinets, and concealed ducts, but this exception shall not include transformers or switches; and

(5) Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects.

(1975 Code, § 7-5.304) (Ord. 1981-296, effective 7-9-81)

Cross reference— Penalty, see § 10.99.

(A) The Planning Commission may grant special permission, on such terms as it may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use, or operate transformers, switches, poles, overhead wires, and associated overhead structures. For the purposes of this section, "unusual circumstances" shall include, but not be limited to, undue hardship and conflicts of jurisdiction between the Town and the Public Utilities Commission. In the case of transformers and switches, the following shall also be considered unusual circumstances:

(1) When transformers or switches of the required capacity are not available;

(2) Where the location would be in an area of unstable soil conditions;

(3) Where the location would be in an area where subsurface corrosive conditions (soils, water, minerals, and the like) exist;

(4) Where necessary service vehicles would not have all-weather access to underground transformers or switches that would have such access to surface-mounted transformers or switches; and

(5) For undue hardships caused by undergrounding transformers or switches and where such transformers or switches can be surface-mounted so as not to be visible by adjoining property owners or residents or by the general public.

(B) An appeal from the decision of the Planning Commission may be made in accordance with the procedures set forth in the zoning ordinance of the Town.

(C) Notwithstanding the provisions of this subchapter, and without the permission of the Planning Commission, overhead facilities may be installed and maintained for a period not to exceed ten days in order to provide emergency services.

(1975 Code, § 7-5.305) (Ord. 1981-296, effective 7-9-81)

The provisions of Section 53.37 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. A utility may intersect additional poles or other supporting structures, or increase the height of existing poles or other supporting structures, if such work takes place within the existing easements and locational confines of existing overhead utility facilities, and may continue to maintain, repair, replace, and reinforce any facility or structure in order to maintain the integrity of any facility or structure existing on or before July 9, 1981.

(1975 Code, § 7-5.306) (Ord. 1981-296, effective 7-9-81)

All permitted aboveground equipment allowed as an exception under Section 53.37(B) shall be reasonably well screened from the general view by existing vegetation or by vegetation planted and maintained by the property owner or the installing utility as follows:

(A) The planting and maintenance of screening for pad-mounted transformers or switches installed on private property shall be the responsibility of the owner of the property upon which the transformer is located.

(B) The planting and maintenance of screening for utility-owned substations or similar facilities shall be the responsibility of the utility owning the facilities.

(1975 Code, § 7-5.307) (Ord. 1981-296, effective 7-9-81)