(a) Definitions. For purposes of this Chapter, the following definitions shall apply:
(1) Utility Structure: means any above ground structure, facility, or equipment, including but not limited to, pedestals, poles, boxes, cabinets, meters, storage facilities, or utility stations, which are associated with a utility providing services to its customers. Such services shall include, but are not limited to: electricity, natural gas, telecommunications, cable, video and internet service, and water. Utility structures shall not include fire hydrants, traffic control devices, or other City equipment.
(2) Permit: means a Private Property Utility Structure permit issued by the City of Moraine.
(3) Front Yard, Rear Yard and Side Yard: shall have the same definition(s) as set forth in Section 1115.03 (a) (464), (465), and (466) respectively of the Moraine Codified Ordinances. Provided that, in the event a lot is on a corner such that both a front yard and a side yard abut a street, the side yard that abuts a street shall also be considered a front yard for purposes of this Chapter.
(Ord. 1715-08. Passed 7-10-08.)
Utility Structures shall be classified as follows:
(a) Small Utility Structures shall be less than 36" in height above grade, less than 36" in width, and less than 36" in depth.
(b) Large Utility Structures shall be greater than 36" in height above grade, greater than 36" in width, and greater than 36" in depth.
(c) If all three dimensions do not fall within the same size classification, then the utility structure will be classified based on the dimension that falls within the largest classification.
(Ord. 1715-08. Passed 7-10-08.)
(a) Unless otherwise exempted herefrom by state law, a Private Property Utility Structure Permit issued by the City Engineer shall be required for the following utility structures:
(1) New small utility structures located in the front yard.
(2) New large utility structures regardless of location.
(3) Replacement of large utility structures in the front yard.
(b) No Permit is required for the following structures:
(1) New small utility structures in the side or rear yard.
(2) New utility poles regardless of location.
(3) Replacement of small utility structures regardless of location, provided that all unused utility structures are promptly removed.
(4) Replacement of large utility structures in the side or rear yard, provided that all unused utility structures are promptly removed.
(5) Replacement of utility poles regardless of location, provided that all unused utility structures are promptly removed.
(6) A utility structure that is physically attached to a building, such as a meter or service box or to the wiring, cable, pipe, or conduit that provides utility service from a service main to the individual property, or to gas meter regulators.
(c) If a Permit is required, the utility company or applicant shall provide written notice to the owner of the property upon which the utility structure is to be located, to all property owners within 100 feet of the proposed utility structure and to all property owners whose property abuts the property on which the utility structure is proposed to be located. All notices to property owners shall be in writing and sent by U.S. mail, certified with return receipt (green card) requested. In lieu of certified mail, the notices may be provided by hand delivery, and with such election, proof of hand delivery shall be provided by form of receipt (Appendix A) and affidavit (Appendix B) supplied by the City of Moraine. A copy of all written notices sent and proof of delivery shall be submitted to the City Engineer. A Permit shall not be issued until at least 14 days after the written notice has been hand delivered or mailed.
(1) The written notice to property owners required herein shall, at minimum, inform the owners of the following:
A. The utility company and applicant's full name, mailing address, phone number and contact person;
B. A statement that application has or will be filed with the City of Moraine for a permit for installation of a utility structure;
C. A statement describing the size of the proposed utility structure and a drawing to show the proposed location of the utility structure;
D. A statement that the owner has a right to provide the City of Moraine Engineer with written concerns about the proposed utility structure by mailing or delivering those concerns to: City of Moraine Engineer, 4200 Dryden Road, Moraine, Ohio 45439-1495.
(2) If the utility structure does not require a permit, then the utility company or applicant shall provide written post-installation notification to the City Engineer within 30 days.
(d) Along with the completed written application supplied by the City of Moraine, and the written notices and proof of same required herein, the utility company or applicant shall also submit to the City Engineer a copy of the easement or other written documentation that clearly shows the legal authority and ownership of property rights sufficient for the utility company or applicant to place the utility structure in the proposed location.
(e) The City Engineer shall review the application submitted by the utility company or applicant and any written concerns submitted by the property owner and all property owners within 100 feet of the utility structure and all property owners whose property abuts the property on which the utility structure is proposed to be located and all other required information. The City Engineer shall issue a permit approving the utility structure, after the required notice is given, if the utility structure meets the location guidelines and screening criteria contained herein.
(f) The City Engineer may grant a utility company temporary approval of a utility structure when it is necessary in order to provide essential services in an emergency or to a new customer. If immediate action is required, a utility company has temporary approval to take action necessary to respond to an emergency. As soon as practicable, the utility company shall notify the City Engineer of the emergency action taken. Within 5 days after obtaining temporary approval, the utility company shall file for a permit. Temporary approval shall expire 90 days from the date of issuance and is conditioned upon the utility company relocating or removing the utility structure within 120 days if a permit is not granted for the utility structure.
(Ord. 1715-08. Passed 7-10-08.)
(a) Unless otherwise exempted therefrom by state law, Utility Structures may be placed in the public right-of-way only in accordance with and pursuant to the procedures described in Chapter 901.
(b) Utility structures located on private property:
(1) Large Utility Structures shall not be located within the front yard or within the required street side yard. Large Utility Structures may be located in a rear yard and in a non-street side yard, provided the structure adheres to the applicable provisions of this Chapter.
(2) Large Utility Structures shall be placed as far back from a public right-of-way as reasonably possible as determined by the City Engineer.
(3) Small Utility Structures may be located within required front and street side yards provided there is adequate screening as per Section 905.05 (Screening Standards), below. Small Utility Structures may be located within a rear yard and within a non-street side yard.
(4) If multiple Small Utility Structures are proposed for placement in the same vicinity in a front yard or within a street side yard, they shall be located as follows:
A. If two Small Utility Structures are located within six (6) feet of each other, placement of each structure shall be parallel to the closest public right-of-way as much as possible.
B. If three Small Utility Structures are located within six (6) feet of each other, placement shall require two structures parallel to the closest public right-of-way with the third directly behind one of the front (and closer to the right-of-way) Small Utility Structures.
C. If four Small Utility Structures are located within six (6) feet of each other, placement shall be two boxes parallel to the closest public right-of-way, with the third directly behind one of the front two Small Utility Structures and the fourth directly behind the other front Small Utility Structure.
D. If more than four Small Utility Structures are located within six (6) feet of each other, placement shall be as determined by the City Engineer.
(c) The placement of any Utility Structures shall not obstruct sight distance requirements for public street intersections as provided in the then current edition of the Ohio Manual for Uniform Traffic Control Devices.
(d) All Utility Structures must be coordinated to the extent possible with existing Utility Structures, reducing the total number of Utility Structures.
(e) All Utility Structures must have at least a ten foot clearance from fire hydrants.
(Ord. 1715-08. Passed 7-10-08.)
(a) Screening may consist of both Native Vegetation as well as plants specifically installed to significantly block the appearance of the Utility Structure.
(b) Fences and/or walls may be included as elements to meet Utility Structure screening requirements only upon:
(1) Written determination by the City Engineer that such elements are appropriate for the particular Utility Structure location, and
(2) After comment or opportunity for comment by the owners of the properties upon which the Utility Structure is to be located.
(c) Screening shall consist of plants in a quantity, size and location which provide at least 50% opacity after one year's (one growing season) growth.
(d) Unless fences and/or walls are approved by the City Engineer, the minimum number of plants shall be as follows:
(1) For single, Large Utility Structures, a combination of at least five (5) bushes or trees shall be installed.
(2) For two or more Large Utility Structures, a combination of at least eight (8) bushes or trees shall be installed for the first two Large Utility Structures, and three (3) more bushes or trees for each additional Structure.
(3) For single, Small Utility Structures, located in a front yard or located in a street side yard, a combination of at least three (3) bushes or flowering plants shall be installed.
(4) For multiple Small Utility Structures located in a front yard or located in a street side yard, a combination of at least five (5) bushes or flowering plants shall be installed for the first two Small Utility Structures, and thereafter the number of additional plants for each additional Small Utility Structure in the same front or street side yard shall be as determined by the City Engineer.
(e) The City Engineer shall approve the location, size and types of required screening plants prior to issuance of a Permit.
(Ord. 1715-08. Passed 7-10-08.)
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