(a) In all new residential subdivisions requiring the opening, widening, improvement or extension of any street or the installation of any public improvement, electric, telephone, cable television, and all other utility facilities shall be installed underground by the subdivider unless, upon the recommendation of the Engineer, the Commission determines that special conditions warrant overhead distribution systems.
(b) In all new subdivisions as described above, a copy of the preliminary plat of the subdivision shall be submitted to all utility companies serving the subdivision. Each subdivider shall sign separate agreements with each utility company defining in detail the responsibilities of the subdivider and each utility. Utility easements ten (10) feet in width for communication and electric power and street lighting distribution lines and facilities shall be provided on all front lot lines and along certain side or rear lot lines as required by the utility companies. Such easements shall be recorded on the subdivision plat as private easements for public utilities.
(c) Prior to receiving final approval of a subdivision plat, the subdivider shall have installed or shall have furnished an adequate bond approved by the Engineer and utility company for the installation of the following:
(1) Underground communication cables;
(2) Underground distribution cables for power and street lighting from a common distribution system, and the equipment and housing necessary in the operation of the distribution system; and
(3) Adequate provision of streetlight lamps and standards in accordance with a design approved by the Planning Commission.
(d) The Planning Commission may authorize a variance from these Regulations when undue hardship may result from strict compliance. In granting any variance, Planning Commission shall prescribe only conditions that it deems necessary or desirable for the public interest and provided that it finds there are special circumstances or conditions affecting such property such that the strict application of the provisions of these Regulations would deprive the owner of the reasonable use of his land.
(e) Installation of underground service shall be in accordance with all applicable requirements and procedures of the particular utility and shall be approved by the Engineer.
(Ord. 2016-07-24. Passed 8-3-16.)