HomeMy WebLinkAbout1695Ordinance No. 1695
(Amending or Repealing Ordinances)
CFN=440 - Underground Wiring Ordinance and Appeal
Passed - 12/21/1970
Repealing & Superseding Ordinance 1525 as amended by Ordinance 1610 -
regarding construction of new underground wiring
Amended by Ord. 3690 (Sec. 5 now Sec. 7.10.060)
City'' of Kent
Kent City Council
Kent, WA 98031
Dear Council Members:
d - I
CITY CLERK
DEC 1 a:;ia7o
RECEIVE®
December 16, 1970
I herewith veto and return without my signature Kent City Ordinance No.
1695 passed by the Kent City Council on December 7, 1970. I am apprec-
iative of the work of the Chamber of Commerce committee on this ordinance.
However, I do not feel the ordinance in its present form provides
enough assurance that undergrounding will be accomplished.
I would propose the following items be discussed at the next council
workshop:
1. Section 3, part E relates to conversion to underground
facilities in 15 years, but the ordinance does not indicate
how this will realistically be done.
2. Section 1, B 3 includes ornamental street lighting standards
in the same category as maintenance facilities. I do not
believe it should qualify.
3. Section 1, B 6 relates to temporary services for construction.
More specific regulations are needed to assure that this
wiring does not become the permanent utility for the new
construction.
4. Section 6, B 1 needs to be more specific in its definition
of technological difficulty.
5. Section 6, B 3 does not seem particularly valid considering
the very careful planning of sites that is being done on
very expensive land in this area.
Along with discussion of the ordinance, I would suggest that the council
consider establishing a cumulative underground wiring fund. The following
example explains the purpose of the fund:
P. O. BOX 310 / 303 W. GOWE / KENT, WASHINGTON 38031 / TELEPHONE 1206) 852-2412
Page 2
December 16, 1970
Kent City Council
ABC Company plans to construct a facility and requests a variance. The
variance would be granted provided,
1. The company and the city agree on the cost of undergrounding
to the facility.
2. The company make yearly payments over a 15 year period to
the city cumulative fund, establishing the funds needed for
undergrounding.
The city would be expected to participate in the same manner. This
year's budget includes Gowe Street, Kent-Kangley, South 212th and
Reith Road. Obviously it would not be possible to fund all of these
in a 15 year period. The ordinance could specify undergrounding the
core area now and be amended later to indicate the next area of priority.
Other than the Local Improvement District method, there does not appear
to be a realistic way to accomplish undergrounding. All new residential
construction is required to underground; I believe the city, commercial
and industrial sectors must find a way to make undergrounding possible
and practical.
Sincerely,
ISABEL K. HOGAN, Mayor
City of Kent
IKH:Idl
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K,
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ORDINANCE NO.
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"�-!� _ AN ORDINANCE of the City of Kent, Wash-
ington, repealing and superseding Ordinance No.
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1525 as amended by Ordinance No. 1610; regulating
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for the general welfare the construction of new
and the conversion of existing aerial electrical
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or communication facilities underground within
of.�7
the corporate limits of the City; providing certain
minimum requirements and procedures relating there -
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to; requiring connections and disconnections of
service affected thereby and providing penalties
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for the violation thereof.
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BE IT ORDAINED BY THE CITY OF KENT AS FOLLOWS:
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Section 1. Scope and Exceptions.
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A. It is especially found and determined by the City
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that the general public necessity, convenience, health, safety
and welfare require that electrical or communication facilities
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e constructed underground in an orderly manner in accordance
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With the requirements specified herein.
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_._/ B. This ordinance shall apply to everyone who owns
lectric facilities or communication facilities, including but not
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limited to telephone and cable television facilities, within the
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corporate city limits; provided, however, the following facilities
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are excepted from the undergrounding requirements of this ordinance:
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(1) Electric utility sub-stations, pad-mounted
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transformers and switching facilities not
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f located on the public right-of-way where site
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screening is or will be provided in accord-
ance with Section 5C ( 2) .
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(2) Electric transmission systems of a voltage of
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55kv or more, (including poles and wires) and
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equivalent communications facilities.
(3) Ornamental street lighting standards.
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(4) Telephone pedestals and other equivalent
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communication facilities.
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(5) Police and fire sirens, or any similar
municipal equipment, including traffic control
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equipment.
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(6) Temporary services for construction.
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(7) Secondary wiring for street lighting.
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Section 2. Cost.
The cost of constructing new facilities underground or
relocating existing aerial facilities underground shall be borne
by the serving utilities, the owners of the real property to be
served, or others requesting such underground service in accord-
ance with the applicable filed tariffs, or the rules and regulations,
or the published policies of the respective utilities furnishing
such service, or as may be contractually agreed upon between the
utility and such owner or applicant.
In the absence of filed tariffs, rules or regulations,
published policies, or contractual agreement, the cost of con-
structing new facilities underground or relocating existing aerial
facilities underground may be financed by any method authorized
state law.
Section 3. Underground Requirements.
A. New Facilities.
(1) All major additions of new facilities (three
or more spans and/or 500 feet or more) shall be
underground.
(2) Minor additions of new facilities may be con-
structed aerially where the growth requirements
are uncertain or where existing facilities are
aerial. A permit from the City Engineer shall
be required.
B. Rebuilds, Replacements and Additions.
(1) A major rebuild or replacement of existing
aerial facilities (three or more spans and/or
500 feet or more) shall be underground,
(2) A minor rebuild or replacement of or addition
to existing aerial facilities may be constructe
aerially. No permit shall be required.
(3) When there is casualty damage to an overhead
service system due to the elements or other
major service outage, the facilities may be
restored aerially. No permit shall be required
(4) An addition of three phase conductors or re-
conductoring will be allowed on existing aerial
facilities. No permit shall be required.
C. Relocations or Rearrangements.
(1) Relocations or rearrangements of aerial
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facilities necessitated by, but not limited to,
road widening, sewer and water main projects,
shall be underground if replacement of poles
and associated facilities are necessary to
accommodate the improvement.
(2) Relocations or rearrangements of aerial facil-
ities not requiring major replacement of poles
and associated facilities may be constructed
aerially.
'�. D. Service Connections.
� •a570 Service connections are facilities extending from a
iistribution system and terminating on private property to serve a
;ustomer or subscriber. Service connections:
(1) Shall be underground, if the distribution system
serving the customer or subscriber is undergroun
���� (2) Shall be underground if the distribution system
serving the customer or subscriber is aerial,
but underground entrance facilities have been
provided by the builder, customer, or subscriber
in accordance with utility company requirements.
(3) May be aerial, if the distribution system
serving the customer or subscriber is aerial,
but underground entrance facilities have not
been provided by the builder, customer, or
subscriber in accordance with utility company
requirements.
E. Specific Program.
All areas zoned or rezoned for commercial or industrial
ase shall be converted to underground facilities within fifteen
(15) years from the date of this ordinance, subject to a ten (10)
dear extension by the City, whereby in the City's judgment its
Einancial situation prohibits the City from participating to the
3egree implied by the provisions of this ordinance.
Conversion to underground of existing aerial facilities
Shall be accomplished in an orderly manner and in conjunction with
the City's street widening and environmental improvement program.
F. Street Lighting.
Street lighting facilities or systems, conforming to
_urrent standards of the City Engineering Department, shall be
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1 installed as an integral part of all undergrounding projects
2 constructed after the effective date of this ordinance.
G. Proposed Rights-of-Way.
3 All right-of-way proposed to be dedicated to the City or
4 easements for public facilities shall be subject to the provisions
5 of this ordinance.
H. Connections and Disconnections of Affected Service.
6 The owner or owners of real property abutting an under-
7 ground project shall be responsible, at his or their expense, for
8 converting to underground service and disconnecting his or their
aerial services within ninety (90) days following notice in writing
9 of availability of such underground service. Time in consummating
10 such connection and disconnection is of the essence and such notice
11 to the property owner, customer or subscribed may be mailed, post-
age prepaid, or delivered in person. In the event that said con-
12 version and disconnection is not accomplished within ninety (90)
13 days of receipt of notice, the City may order the work done and
14 the actual cost constitute a lien against the real property subject
to enforcement as provided by law.
15 I. Site Screening.
16 Plans for all above--ground installations shall be sub-
17 mitted to the Planning Department for approval of site screening
and set-backs prior to the issuance of a service permit by the
18 Engineering Department.
19 J. As Built.
20 Project drawing in form and scale conforming to generally
accepted engineering practices, shall be submitted in duplicate to
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the office of the City Engineer within ninety (90) days of the
22 completion of any underground project within the City.
23 Section 4. Permits.
A. Underground Permits.
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A permit for underground construction shall be obtained
25 from the office of the City Engineer prior to construction of
26 facilities in the public right-of-way. No fee shall be charged
for this permit until an appropriate fee schedule is adopted by
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the City Council.
28 B. Aerial Permits.
29 Where pole line installations are permitted under the
30 variance procedures of Section 6, or minor new additions under
Section 3A (2) or temporary aerial facilities under Section 1B (6),
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a permit shall be obtained from the office of the City Engineer
prior to construction of such facilities in the public right-of-way.
No fee shall be charged for this permit until an appropriate fee
schedule is adopted by the City Council.
Section 5. Design Standards.
A. All conductors, switches, transformers, and regulatinc
devices shall be installed in accordance with the applicable
national, state and local safety standards. All structural devices
shall be designed in accordance with the provisions of the latest
edition of the Uniform Building Code; provided, however, all under-
ground facilities provided for herein shall be installed in such
nanner as to coordinate with other underground facilities, e. g.,
;nater, sewer and gas pipelines, traffic control and other signal
systems. Whenever such coordination requires installation practiceE
nore restrictive or demanding than the minimum standards required
Dy applicable national, state and local codes and safety standards,
the requirements of such coordination shall be governing and
controlling.
B. All vaults, handholes, ventilation gratings, and
access covers and conduit in public rights-of-way shall be strong
enough to withstand 10,000 pound wheel load. The serving utility
nay, at its option, elect to restrict a 10,000 pound wheel load
requirement while assuming the responsibility for upgrading facil-
ities to traveled street areas beyond the original traveled street
area should subsequent widening occur.
C. Any equipment excepted from those underground require-
nents or otherwise permitted to be installed above -ground shall be:
(1) Placed within an enclosure or part of the
building being served, or,
(2) Suitably screened with masonry or other
decorative panels and/or evergreen trees,
shrubs and landscaping planted in sufficient
depth and height, within a period of five
(5) years, to form an effective sight barrier.
(3) The utility shall be responsible for the
installation, maintenance, repair, or replace-
ment of the afore -mentioned screening materials
when the real property, on which the above-
ground facility is located, is owned by the
utility. When said above -ground facility
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is located on non. -utility owned real
property, the owner(s) shall bear the
expense of installation, maintenance, repair
or replacement of screening materials out-
lined hereinabove.
D. Space frames and structural arrangements for holding
uipment shall be designed to have an uncluttered and neat appear-
ance.
E. Streets shall be graded to sub -grade prior to the
installation of underground facilities.
Section 6. Variance Procedures.
A. All applications for variances from the foregoing
underground requirements shall first be filed with the City Engineer
If, thereafter, the City Engineer shall deny such variance request,
then the applicant shall have the right to appeal such ruling to
the City Council or its designated sub -committee. In the event
that the variance is denied by the City Council or its designated
sub -committee, then the applicant shall have the right to appeal
such ruling to the Board of Adjustment, subject to all the rules
and regulations of Chapter 10.15 of Kent City Ordinance No. 1071,
as amended.
B. Underground requirements shall be waived by a varian
Dnly if the owner of electrical or communication facilities or the
user thereof, or any other affected person can demonstrate that
it would be an undue hardship to construct such facilities under-
jround. The term "undue hardship" shall mean either:
(1) There is a technological difficulty
associated with such facilities or with
the real property involved:
(2) The cost of the underground construction
outweighs the general welfare consideration
in requiring underground construction; or
(3) The growth pattern in the geographical area
has not been sufficiently established to
determine the ultimate service requirements
or major service routes.
Section 7. Joint Trenches.
Where several utilities are planned or required in the
same corridor, every effort shall be made by the utilities to
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.se joint trenches for such facilities.
Section 8. Penalties.
Any person convicted of violating any of the provisions
f this ordinance shall be punished by a fine not to exceed $500.00
r by imprisonment in the City jail for a period not to exceed six
.onths, or by both such fine and imprisonment.
Section 9. Enforcement Officer.
The City Engineer or his designated representative shall
e responsible for the investigation of violations.
Section 10. Repeal and Supersedure.
Ordinances Nos. 1525 and 1610 and any other ordinances
f the City which are inconsistent with any of the provisions of
his ordinance are hereby repealed and superseded.
12 This Ordinance shall take effect five days from and after
its passage, approval and publication as provided by law.
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ISABEL HOGAN, MAYOR
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17 TTE ST :
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19 MARIE JENSEN, City Clerk
20 k P OVED AS TO FORM:
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22 PONALD E. MIRK, City Attorney
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24 Passed the '7ti, day of December, 1970.
25 kpproved the - day of December, 1970.
26 ublished the �� day of December, 1970.
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I hereby certify that this is a true and correct copy of
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29 Ordinance No. passed by the City Council of the City
30 f Kent, Washington,
is hereon indicated.
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(SEAL)
MARIE JENSEN, City Clerk
Ordinance 1695 vetoed by Mayor Hogan December 16, 1970
The ordinance was reconsidered by the Council on December 21,
1970 and passed by a unanimous vote.
ISABEL HOGAN, MAYOR
ATTEST:
MARIE JENSEN, City Clerk
ZVED AS TO FORM:
0_1A.
'�-' Vt4�AL
DONALD E. MIRK, City Attorney
Passed the cz>?//Qt- day of December, 1970.
Approved the '---day of December, 1970
Published the � - day of December, 1970
I, hereby certify that this is a true and correct copy
of Ordinance No. ^ passed by the City Council of the
City of Kent, Washington, a&4pqpe+#8l•y- kj& M -7 —r ^f tri
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-e-r==Yy t as hereon indicated.
(SEAL)
MARIE JETS N, City Clerk
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