The subdivider, as a condition of approval of a tentative tract map, shall provide for the undergrounding of all existing and proposed utility distribution or transmission facilities (e.g., cable television, electric, gas, telephone and water), within the subdivision and along peripheral streets, in compliance with the following standards:
1. Utility lines, including, but not limited to, electric, communications, streetlighting and cable television shall be required to be placed underground in compliance with the specifications of the public utility providing such services. The subdivider is responsible for complying with the requirements of this Section, and shall make the necessary arrangements with the utility companies for the granting of easements and installation of such facilities. Exceptions to the underground requirements are as follows:
A. Transformers, pedestal-mounted terminal boxes, meter cabinets and concealed ducts may be placed above ground if within the subdivision and are used solely in connection with the underground transmission or distribution lines;
B. Poles supporting street lights, and the electrical lines within the poles, may be situated above the surface of the ground;
C. The Council may waive any requirement of this Section if topographical, soil or other similar physical conditions make such underground installation unreasonable or impractical;
D. Any Parcel Map with a maximum of 4 residential parcels, no parcel of which has previously been exempted from this Section; and where at least 50% of the surrounding area within a radius of 500 feet has been previously developed without undergrounding utilities;
E. That portion of a previously developed nonresidential Parcel Map; and
F. The requirement to underground shall apply to all utility lines traversing a subdivision, or installed along either side of the streets and alleys adjoining the subdivision, except for electrical lines of 33 KVA or more. Where 1 line is exempt, all parallel lines on that same pole shall be exempt.
2. Subdividers shall make the necessary arrangements with cable television operators to comply with the following requirements with respect to cable television installation in residential subdivisions:
A. Pre-wire all residential structures;
B. Connect laterals to each residential structure with a minimum of 2 outlets wired in each structure; and
C. Install "flush mounts" or "pedestals" as required by the cable television operator which will service the subdivision.
3. Payment for costs of undergrounding shall be as follows:
A. Arrangements, including payment of costs, shall be made by the subdivider directly with the serving utility company(s). Undergrounding of utility structures may be done by the subdivider, with permission from the serving utility;
B. For subdivisions with frontages of less than 300 feet, the City Engineer may accept a cash payment from the subdivider, in lieu of immediate undergrounding of the lines. Payments will be based upon a written estimate of the short unit cost from the serving utility company(s), and will reflect the subdivision's proportionate share of the estimated cost for undergrounding the lines over the entire area adopted by the City Engineer. Determination may be made by the City Engineer at the time any application is made to pay fees pursuant to this Section;
C. A Subdivider with property frontage of any length may elect to enter into an agreement with the City to defer the undergrounding until the utility lines along the frontage of 1 or more of the adjoining parcels are undergrounded. The agreement shall require the cost of the undergrounding, as determined pursuant to subsection (3)(B) to be made in semi-annual payments over a period of 5 years. The agreement shall be secured by a bond, or security interest in the subject real property;
D. A subdivider with property frontage of any length may petition the City to establish an assessment district to fulfill the requirement for undergrounding utilities. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for any structure in the subject subdivision, subdivider shall have an assessment district in place or shall have made provision for undergrounding pursuant to Sections (3) (A) through (C);
E. In the event that property on the opposite side of any street or highway from the property line along which underground is required is vacant, and a single set of poles carry the overhead utility lines for both sides of the street or highway, the subdivider shall pay 50% of the estimated cost of undergrounding. When the vacant property is developed, the subdivider of the property shall, as a condition of the issuance of building permits, be required to pay the remaining 50% of the cost of such undergrounding. Where the property is not vacant, or more than 1 set of poles carry utility lines along the street or highway, the subdivider shall pay the full cost of required undergrounding; and
F. Unless otherwise specified, any other provision herein notwithstanding the entire cost to underground street crossing utility lines shall be the responsibility of the subdivider of the property served by the utility lines.
4. Deposit of payments for costs of undergrounding shall be as follows:
A. All payments collected pursuant to this Section shall be deposited into a City administered line item account for undergrounding utilities. Separate accounts shall be maintained for undergrounding in defined geographic areas throughout the City, as established by the City Engineer; and
B. In no event shall the payments from the subdividers on both sides of the street exceed the total estimated cost for undergrounding utilities along that section of street plus reasonable costs of administering this Section as approved by the Council.