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
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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,
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!requirements specified herein and that all new facilities specified'
herein be installed underground. k
I B. The purpose of this Ordinance, among others, is
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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-
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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
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� the public right-of-way where site screening is or
will be provided in accordance with Section V, C2. j
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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,
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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:
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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
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!Ordinance, excepting those which a1y involve a change in the over-
head service line without a change in the corresponding service
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!entrance facilities.
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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
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effective date of such rezoning, subject to a ten f
(10) year extension by the City, provided that the I
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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
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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
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to
'City on an annual basis, commencing on January 1, following the
;;effective date of this Ordinance, provided that if said drawirrp i
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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.
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�� 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 -
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,'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
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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
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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
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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.
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30 C. Any equipment excepted from those underground
31 requirements or otherwise permitted to be installed above -ground i
4hall be:
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£ 1. Placed Athin an enclosure or part of the building
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1' being served, or
2. Suitably screened with masonry or other decorative
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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
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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.
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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
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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
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ilto appeal such ruling to the Kent Board of Adjustment, subject to
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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
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`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
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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
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1 Rintent to authorize the establishment of joint or common trenches;
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'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
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"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.
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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.
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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
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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.
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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.
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