(A) (1) Third party underground utility lines must maintain a distance from city water and sewer utility lines as follows:
(a) A vertical distance of 18 inches from city water and sewer lines;
(b) A horizontal distance of 24 inches from city water and sewer lines.
(2) This distance is necessary in order to properly operate and maintain city underground water and sewer lines.
(B) A third party utility may seek a "finding of necessity" from the New Castle Utility Impact Board. The procedure for seeking a "finding of necessity" shall be as follows:
(1) The third party utility shall submit to the New Castle Office of Building Inspection a written request setting forth the need for a finding of necessity which varies from the above distance requirements. A set of detailed drawings and site plans must accompany that written request;
(2) The New Castle Utility Impact Board will review the request at its next regular meeting and make a finding thereon. If it determines that: (a) a necessity exists for varying the distance requirements set forth herein; and (b) the variance will not have an adverse impact on the ability of the city to provide potable drinking water to its citizens; and (c) the variance will not adversely impact the ability of the city to treat waste water or the waste water piping system; and (d) will not have an adverse impact on the health or safety of the citizens of the city, the variance shall be granted. Further, the Board is given the authority to expedite this procedure and waive any of the above procedural requirements, in the event an emergency exists which requires immediate attention.
(C) Should a third-party utility violate this section, the offending party shall immediately cease and desist from such conduct and bring the project into compliance with the specifications set out above or obtain a "finding of necessity" and further the violating utility shall be subject to fine of $25 for such violation. A new violation shall be considered to occur every 24-hour period that the aforementioned separation is not maintained. Further, the violating third-party utility shall be responsible for reimbursement to the city for any costs incurred by it that would not otherwise occur as a result of the violation of said spacing requirement.
(Ord. 3319, passed 8-5-02)