A. Whenever in this section the words or phrases hereinafter defined are used, they shall have the following definitions:
COMMISSION: The public utilities commission of the state.
POLES, OVERHEAD WIRES AND ASSOCIATED STRUCTURES: Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within the city and used or useful in supplying electric, communication or similar or associated service.
B. All wires and facilities for supplying electric, communication, data transmission or similar or associated service within the city installed after the effective date of this chapter shall be installed underground.
C. This chapter does not apply to all poles, overhead wires and associated overhead structures within the city which exist and have been installed prior to the adoption of this chapter; the section does apply to wires and facilities which undergo replacement or a substantial renovation.
D. After the effective date of this chapter, it shall be unlawful for any person or utility to erect, construct, maintain, employ or operate poles, overhead wires and associated overhead structures in the city unless otherwise provided for in subsection E or F of this section.
E. This section does not apply to the following types of facilities:
1. Overhead facilities installed and maintained, without authority of the city engineer, to provide emergency service for a period not to exceed ten (10) days.
2. Cases of emergency where the city engineer grants special permission, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.
3. Poles and lamps used exclusively for street lighting.
4. Overhead wires, exclusive of supporting structures, crossing through the city when such wires originate in an area from which poles, overhead wires and associated structures are not prohibited.
5. 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 extending from the building to another building without crossing any public street.
6. Antennas, associated equipment and supporting structures, used by a utility for furnishing communication services.
7. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
F. Any person or utility may petition the city for a variance to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures, notwithstanding the provisions of this chapter. The city will utilize its variance procedures, established pursuant the local planning act 1 , to decide such requests.
G. If underground construction is necessary to provide utility service within the city, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under applicable rules, regulations and tariffs on file with the commission; provided, that if any provision of any franchise agreement between the city and the supplying utility is clearly in conflict with any provision of this section, the provision of the franchise agreement shall prevail. (Ord. 362, 3-7-2000)
Notes
| 1 | 1. See title 9, chapter 10 of this code. |