A. All above ground utility infrastructure as defined in section 8-1-2 of this title, major and minor infrastructure excluding wireless telecommunications facilities addressed in chapter 6 of this title requires a utilities compliance permit, unless expressly noted below.
1. New Utility Infrastructures: All new utility infrastructure(s) in the City are subject to these regulations.
a. Utilities compliance permits are required for new utility infrastructure and buildings associated with the utility infrastructure in all zones.
b. Utility infrastructure review as part of the subdivision process shall address utility compliance items and shall not require a utility compliance permit.
c. SCADA equipment placed as a part of a building permit for new or modified water or sewer infrastructure may be permitted with a building permit, and does not require a utility compliance permit.
d. Utility compliance permits shall not be required for replacement of utility structures, so long as the size (i.e., height, diameter, volume, as determined by the City) of a replacement structure is not greater than the existing structure.
2. Pre-Existing Utility Infrastructure: Pre-existing utility infrastructure shall not be required to be modified to meet the requirements of this chapter.
3. Substantial Changes: A modification to existing infrastructure that substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria shall require permits pursuant to subsection A1 of this section.
a. For any support structure, which involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure; or
b. The substantial change entails any excavation or deployment outside the current site; or
c. The substantial change would defeat the concealment elements of the structure; or
d. The substantial change does not comply with conditions associated with the siting approval of the construction or modification of the structure, provided however that this limitation does not apply to any modification that is non- compliant only in a manner that would not exceed the thresholds identified in subsections A3a through A3d of this section.
4. Exempt Facilities: The following are exempt from this section:
a. Ordinary maintenance and repair of the utility infrastructure.
b. Facilities and equipment for emergency services including, but not limited to, the Kootenai County Sheriff's Department, Kootenai County Emergency Management System, and Northern Lakes Fire Protection District.
c. City facilities and Hayden Area Regional Sewer Board when doing work related to the City's facilities shall be reviewed according to other permitting processes (i.e., right-of-way encroachment, building, site, etc.).
5. Conflicts With Other Regulations: These utility infrastructure regulations are in addition to other regulations in this Code. In case of a conflict between regulations, the most restrictive will apply.
6. Additional Requirements: An applicant for a major utility infrastructure after a pre-development meeting and prior to submittal for permits may be required to:
a. Meet with Hayden City Council in a public meeting or workshop; and/or
b. Hold a public informational meeting by providing notice to property owners/tenants within three hundred feet (300') of the proposed project site. (Ord. 596, 5-24-2019)