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HomeMy WebLinkAbout1610ORDINANCE NO. 4L.f-= AN ORDINANCE of the City of Kent, Washington declaring and establishing the City's pdi.cy with respect to the underground relocation, installation and conversion of existing and new electric and communication facilities within the City of Kent; Providing certain minimum requirements and procedures relating thereto; requiring connections and disconnections by owners affected thereby and providing penalties for the violation thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENT l4S FOLLOWS: 10 >J 11 12 13 14 15 16 17 18 18 20 21 22 23 24 25 26 27 28 28 30 31 32 Section 1. A. It shall be and it is hereby made the ; Policy of theCity of Kent to require compliance with the following prderly program pertaining to the underground relocationof all xisting overhead wires carrying any electrical energy, including, eut not limited to, telephone, telegraph, cable television and electrical power; and to require the underground installation of ; X411 new electrical communication facilities, subject to certain exceptions noted hereafter. It is especially found and determined ,y the City that the health, safety, especially the safety of the traveling public, and general welfare of the residents of the �ommunity require that all such existing overhead facilities, be elocated underground as soon as practicable in accordance with the, I !requirements specified herein and that all new facilities specified' herein be installed underground. k I B. The purpose of this Ordinance, among others, is � o establish minimum requirements and procedures for the under - round installation and relocation of electrical and communication �. Facilities within the City of Kent. i C. Scope. Subject to the excepted facilities ,fisted in Paragraph D of this section, this Ordinance shall apply tc 11 electric facilities and to all communication facilities, in- �luding but not limited to telephone, telegraph and cable television facilities. D. Excepted facilities from underground requirement- his equirement.his Ordinance shall not apply to the following facilities: 1. Electric utility sub -stations, pad -mounted trans- formers and switching facilities not located on ij � the public right-of-way where site screening is or will be provided in accordance with Section V, C2. j Ij c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i6 18 20 21 22 23 f� 24 11i 25 �I 26 27 4 28 29 30 31 32 I 1 2. Electric transmission systems of a voltage of 55 kv or more, (including poles and wires) and equivalent communications facilities where the utility providing electrical energy is willing to i provide at its expense an underground street light- I ing circuit including all conductor and conduit to a point on the poles at least forty (40) feet above ground level to serve utility -owned street lighting fixtures to be mounted on the poles at said location, i 3. Ornamental street lighting standards. j 4. Telephone pedestals and other equivalent communica- tion facilities. 5. Police and fire sirens, or any similar municipal equipment, including traffic control equipment. 6. Temporary services for construction. i Section 2. Cost. The cost and expense of converting Bxisting overhead facilities to underground, or installing new Eacilities underground, shall be borne by the serving utilities, and/or persons applying for such underground service in accordance with the applicable filed tarrifs, franchise, or the published Dolicies of the respective utilities furnishing such service. Section 3. Underground Requirements. A. Definitions. The following terms when used in this Ordinance shall have the meanings given below: i 1. Rebuilds. A replacement of overhead facilities for a distance of three (3) or more spans (four poles) or five hundred feet (500') exclusive of replacements due to casualty damage. 2. Services. Facilities located on private property and/or for the specific purpose of servicing one customer. 3. Relocations. Removal of existing facilities with subnquent re -installation at an adjacent location, generally necessitated by roadway widening projects,; shall constitute a relocation. B. Services. All new electric or communication Services from an overhead or underground facility to service -onnections of structures shall be installed underground from and after the effective date of this Ordinance. All rebuilt or relocated electric or communication services from az overhead or i underground facility to service connections of structures shall be installed underground from and after the effectie date of this -2- 1 � i 2 i 3 I 4 5 6 7 8 8 10 11 18 13 14 15 16 17 16 18 20 21 22 23 24 25 26 27 28 29 30 31 32 i !Ordinance, excepting those which a1y involve a change in the over- head service line without a change in the corresponding service i !entrance facilities. i 1. 2. 3. 4. acilities. 1. 2. C. Central Business District. The following requirements apply to all areas of the City of Kent which are outlined on the attached map. All existing overhead electric and communication facilities, with the exceptions previously noted in Section 1 D, shall be converted to underground facilities within fifteen (15) years from the effective date of this Ordinance, subject to a ten ! (10) year extension by the City whereby in the City's judgment, their financial situation pro- hibits the City from participating to the degree implied by the provisions of this Ordinance. All facilities, including services, extension, re- builds, relocations, or duplications of existing overhead electric and communication facilities shall; be installed underground from and after the effec- tive date of this Ordinance. i All areas rezoned for commercial or industrial use after the effective date of thisOrdinance shall be f converted to underground in the same manner as pro- vided herein in sub -paragraph 2 for existing 1 facilities within fifteen (15) years from the r effective date of such rezoning, subject to a ten f (10) year extension by the City, provided that the I s City Council elects to add such rezoned areas to those outlined on the attached map as designated in { sub -paragraph 1 above. D. Other Business, Industrial Areas and Public I The following requirements apply to all areas zoned by the Comprehensive Zoning Ordinance of the City of Kent. All facilities, including services, extensions, duplications, relocations, or rebuilds of existing overhead electric and communications shall be installed underground from and after the effective -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 20 21 22 23 24 25 26 27 28 29 30 31 32 date of this Ordinance. E. Residential Areas. 1. The following requirements apply to all areas I zoned by the Comprehensive Zoning Ordinance of the City of Kent as single family and multi -family residential. 2. All facilities including services, extensions-; duplications, relocations, or rebuilds of existing ,F overhead electric and communications shall be i, installed underground from and after the effective j date of this Ordinance. F. Street Lighting. Street lighting facilities orsystems conforming to the current standards of the City of Kent Traffic Engineer shall be installed as an integral part of all undergrounding projects. G. All rights-of-way proposed to be dedicated to the City and/or easements for public facilities shall be subiect '!the provisions of this Ordinance. H. The owner or owners of real property abutting }an underground project shall be responsible, at his or their expense ,!for converting to underground service and disconnecting their over] i;,head services within ninety (90) days following notice in writing �iof the availability of such underground service. Time in ! 4consummating such connection and disconnection is of the essence !land such notice to the property owner or occupant may be mailed, 4postage prepaid, or delivered in person. `f I. Where abovegrade pole line installations are +1permitted under the variance procedures outlined in Section 6, 1conductors shall be placed in vertical alignment or any other app- !roved alignment as subsequently design! ted by the City Engineer. J. Plans for all above -ground installations, ilincluding those excepted under Section 1, D1, shall be submitted ' Zito the Planning Department for approval of site screening and set - !backs prior to the issuance of a service permit by the !(Engineering Department. i K. As -build Project Drawings in a form and scale ! i1conforming to generally accepted engineering practice shall be ?+submitted in duplicate to the office of the City Engineer within �Ininety (90) days of the completion of any underground project within f�the City. In addition, each utility shall submit in duplicate as - ;built drawings of all of its underground facilities within the I i i to 'City on an annual basis, commencing on January 1, following the ;;effective date of this Ordinance, provided that if said drawirrp i -4- 1 are not available at the time of the effective date of this 2 tJordinance, each utility shall be given a reasonable time to prepares such drawings. 3 �i Section 4.A.Permits. An underground permit shall be 4 acquired by the serving utility from the office of the City t 5 Engineer prior to the proceeding with construction of facilities ink the public right-of-way, easements for public facilities and/or s 6 Ilublic property. No fee shall be charged the utility for this P P Y• g Y , 7 (service until an appropriate fee schedule is adopted by the City 8 jrCouncil. B. Overhead Permit. Where above -grade pole line 9 'installations are permitted under the variance procedures of 10 1pection 6, a permit shall be acquired by the serving utility from 11 the office of the City Engineer prior to proceeding with construction �f such facilities in the public right-of-way and/or public property. 12P fee shall be charged the ud.lity for this service until an ! 13 �6propriate fee schedule is adopted by the City Council. jl Section 5. Design Standards. 14 �� A. All conductors, switches, transformers, and 15 I`egulating devices shall be installed in accordance with the 16 �'pplicable national, state and local safety standards. All structural devices shall be designed in accordance with the pro - 17 ,'isions of the latest edition of the Uniform Building Code, subject' 18 �o the provision of the immediately following sub -paragraph. 16 � A.l. All underground facilities provided for hereinf hall be installed in such manner as to coordinate with other under 20 ground facilities, i.e. water, sewer and gas pipelines, traffic 21 :ontrol and other signal systems. Whenever such coordination re - 22 quires installation practices more restrictive or demanding than �he minimum standards required by applicable National, State and 23 �" Local Codes and Safety standards, the requirements of such coor- 24 4ination shall be governing and controlling. 25 B. All vaults, handholes, ventilation gratings, and; 26 iccess covers and conduit in public rights-of-way shall be strong nough to withstand 10,000 pound wheel load. The serving utility 27 Tay, at their option, elect to restrict a 10,000 pound wheel load 28 iequirement while assuming the responsibility for upgrading 29 facilities to traveled street areas beyond the original traveled i street area should subsequent widening occur. i 30 C. Any equipment excepted from those underground 31 requirements or otherwise permitted to be installed above -ground i 4hall be: 32 ,, £ 1. Placed Athin an enclosure or part of the building �1 t i �E -5- k + I 4! ' �l I� J 1' being served, or 2. Suitably screened with masonry or other decorative 2 ; panels and/or evergreen trees, shrubs, and land - 3 (o scaping planted in sufficient depth and height, i 4 within a period of five (5) years, to form an Ij effective sight barrier. 5 3. The utility shall be responsible for the 6 installation, maintenance, repair, or replacement ► of the aforementioned screening materials when the 7 4 real property on which the above -ground facility is; 8 ` located is owned by the utility. When said above - 8 's ground facility is located on non-utility owned real 10 ;f property, the owner (s)shall bear the expense of 1 �r installation maintenance, repair or replacement of 11 I: screening materials outlined hereinabove. 12 ;I R D. Space frames and slnictural arrangements for 13 1iholding equipment shall be designed to have an uncluttered and neat 14 11 appearance. E. Streets shall be graded to sub -grade prior to 15 ;'the installation of underground facilities. 16 Section 6. variance Procedures - Appeal to Board !4 17 ;,of Adjustment. A. All applications for variances from the foregoing; 1s iiunderground requirements shall first be filed with the Kent City 1 18 i! Engineer. If, thereafter,- the Kent C-i•ty -Engine-er shall order -such! var-lanae request denied, then the applicant shall have the right 20 ilto appeal such ruling to the Kent Board of Adjustment, subject to 21 t ! all the rules and regulations of Chapter 10.15 of Kent City ! 22 ",Ordinance No. 1071, as amended. B. Underground requirements shall be waived b 23 g q y a `variance only if the utility owner or user, or any other affected ' 24 j=party, can demonstrate that it would work an undue hardship to 25 "place the facilities concerned underground. f i 1. By undue hardship it is meant a technological difficulty 26associated with the particular facility, or with the particular real 27 1'property involved; or a cost of undergrounding such a facility which, 28 in the discretion of the City Engineer (or the Kent Board of ijAdjustment) is deemed to outweigh the general welfare consideration 28 i;implicit in underground installation; or an area where the growth 30 11pattern has not been sufficiently established to permit the deter - 31 1imination of ultimate service requirements or major service routes.i Section 7. A. Joint Trenches. In the undergrounding of 32 kIfacilities, as contemplated by this Ordinance, it is the City's la ' 4 -6- ! E i 1 Rintent to authorize the establishment of joint or common trenches; 2 'that is, the utilization of a single trench where feasible by all i.utilities and/or franchise holders involved in the relocation of 3 !!!overhead facilities. Upon application for an underground permit, 4 I!the City Engineer shall determine what utilities and franchise 5 i holders shall use the proposed trench and the issuance date of the ;applicable underground permit. If, at the time of application for 6 iian underground permit, it does not appear that all utilities 11involved in the undergrounding project have made appropriate 7 j "Jarrangements for the use of common trenches, the City of Kent 8 Engineer may delay the issuance of such permit until all utilities 8 ;involved in such relocation shall have been given the opportunity 10 ito be heard upon two weeks' notice. `s Section 8. Enforcement. 11 8�jj A. Any violation of the provisions of this Ordinance ; 12 for any amendments thereof by any entity or individual affected 13Iithereby shall be subject to a fine of $300.00 or a term of ninety 14 ('(90) days in jail, or by both; such fine and imprisonment, for each" !!day such violation continues. 15 B. Enforcement Officer. The City of Kent Engineer ori 16 11his designated representative shall be responsible for investiga- I,tion of violations and citation of the violating parties. 17 11 Section 9. Kent City Ordinance 1525 and any and all 18 11,Ordinances or parts of Ordinances in conflict herewith are hereby 18 (repealed and superseded. Sectim 10. Savings Clause. If any portion of this Ordin,anc 20 41or its application to any person or circumstance is held invalid, 21 11the remainder of this Ordinance, or the application of its pro - 22 !;visions to other persons or circumstances shall not be affected. R Section 11. This Ordinance shall take effect and be in 23 ipforce five days from and after its jj y passage, approval and 24 11publication, as provided by law. 25 26 i! , 27 ' 28 28 30 31 32 � v , X" I 2 3 4 5 6 7 8 8 10 11 12 13 14 15 16 17 18 18 20 21 22 23 24 25 26 27 28 28 30 31 32 Passed the day of , 1969. Approved the Lday of , 1969. Published the _day of , 1969. Z ereby certify that this is a true copy of Ordinance !No. , passed by the City Council of the City of Kent !and approved by the Mayor of the City of Kent as hereon indicated. Mm