(A) Any utility installed pursuant to the provisions of this subchapter shall meet the following minimum requirements:
(1) The Public Works Director may require that any cable or conduit to be installed underground be encased, installed with warning tape or otherwise protected or marked if he or she determines that such construction measures are reasonably necessary to protect the public safety and welfare or to protect underground utilities;
(2) Any underground utility shall be installed at a depth of 24 inches below the established grade, or, if no grade is established, 24 inches below the existing surface; and
(3) New utility construction, and the replacement of all existing utilities, except electric transmission lines operating at a nominal 69 kilovolts or greater, shall be done underground, unless the utility owner establishes, to the satisfaction of the City Council, that underground construction is not feasible and the Council specifically authorizes, by resolution, aboveground construction.
(B) The cost of underground utility construction shall be paid by the utility owner.
(C) Maintenance and isolated repair activities are exempt from the requirements of this section. Maintenance and isolated repair is limited to the replacement or repair of isolated, worn, damaged or failed components. Maintenance and repair does not include any planned, systematic or progressive replacement or upgrading of any portion of a utility system involving more than two poles per line mile.
(D) The provisions of this division (D) notwithstanding, a utility owner may accomplish temporary aboveground emergency repairs in order to maintain or restore service, but such temporary aboveground facilities shall be promptly replaced with permanent facilities in compliance with this chapter.
(Prior Code, § 5-1B1-8) (Ord. 411, passed 2-17-1992; Ord. 532, passed 7-5-2000; Ord. 599, passed 2-16-2004)