A. Authorization for establishment. The Board may, by resolution, authorize the establishment and operation of private geothermal heating services within the City boundary upon application therefor by any person. Such application shall be in a manner and form prescribed by and filed with the General Manager.
B. Authorized services. Private heating services may provide geothermal heating, when specifically authorized by the Board, for the following uses:
1. Less than six structures, excepting structures containing accessory uses, as such uses are defined in Title 19 of this Code.
2. Six or more structures in new land developments whose developers have also been granted a franchise by the Board for the construction, operation, and maintenance of a private heating service. Such franchise shall be individually negotiated between the Board and the developer; however, any such franchise shall contain the following minimum provisions: the franchise shall be for no longer than twenty years; the franchise shall require that such land developer compensate the Board annually with a franchise fee in an amount to be negotiated; and that such franchised geothermal heating systems shall be subject to board acquisition at depreciated fair market value upon the expiration of the franchise.
C. Conditions of authorization. All private heating services authorized by the Board shall be subject to the following conditions:
1. All private heating service plans, improvements, construction, facilities, operations, maintenance, and scientific research shall comply with Title 19 of this Code, this Chapter and all other applicable City ordinances;
2. All private heating service properties and facilities shall be subject to Board inspection in accordance with section 13.20.410; and;
3. All private heating services shall maintain and make available for board inspection, such operational and maintenance records as may be stipulated by the Board at the time of authorization.
D. Private heating service facility standards. Private heating service facility standards and improvement plans, including but not limited to, wells, pumps, pipelines, storage tanks, fittings, and control devices, shall be approved in writing by the General Manager, prior to their acquisition, construction, installation, or operation.
E. State jurisdiction. Board authorization shall not relieve private heating services from requirements which may be imposed upon public utility or private heating services by state statutes or rules.
(Ord. MC-298, 8-17-83)