§ 154.47 UNDERGROUND INSTALLATION OF PUBLIC UTILITIES; WAIVER OF REGULATIONS BY CITY.
   (A)   In new residential subdivisions and mobile home parks platted after the effective date of this section, all wires, cables, and equipment for the transmission of electrical impulses, sounds, voices, or communications shall be installed underground, except as provided herein. ('69 Code, § 14-29)
   (B)   All facilities referred to in division (A) of this section shall be installed underground in such a manner so that they shall not constitute a hazard to public safety and shall not be visible from the land surface.
      (1)   Cost. The cost of installation shall be borne by the developer or the owner of the land being developed or subdivided, or by the utility company installing the facility or furnishing the utility service in keeping with standard utility company policies.
      (2)   Permits. No building permit shall be issued to an applicant until the Building and Zoning Department has been furnished evidence that arrangements have been made for each of the utilities involved for the installment of underground utility services.
('69 Code, § 14-30)
   (C)   The City Commission may waive the requirements of underground utility installation of all or part of any utility transmission facilities in such cases where the cost will be substantially in excess of above ground or conventional installation or where topographical or surface conditions may make such installation impossible or create a severe hardship on the subdivider or developer. The developer or utility seeking a waiver of the requirement of underground utility installation or relief from the provisions of the requirements of this chapter may petition the City Commission for such relief. The petition shall set forth supporting engineering data, cost estimates, and any other information which would substantiate the claim for relief. The petition shall be filed with the City Engineer who shall proceed to investigate the matter set forth in the petition and may request further information should he feel it to be necessary. The City Engineer, after examining the petition and making an independent determination of the situation shall submit his recommendation to the City Commission. The City Commission may then conduct hearings as it deems fit to determine whether it shall grant the relief requested or grant any other and further relief it may deem prudent under the circumstances.
('69 Code, § 14-32)
(Ord. 223, passed 3-16-70; Am. Ord. 898, passed 8-16-89; Am. Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)