(A) Requirement For Underground Installation Of Utility Lines:
1. All permits dealing with utility lines shall be consistent with all applicable state laws and regulations.
2. Except as provided in this title, the following utility lines, existing and proposed, shall be installed underground in conjunction with new development projects. Said undergrounding of utility lines shall include, but not be limited to, all new electrical distribution lines, existing electrical distribution lines of thirty four thousand five hundred (34,500) volts or less, telephone, streetlight service lines, cable television and similar service wires or cable which:
(a) Provides new service to the property being developed;
(b) Are existing and located within the boundaries of the property being developed;
(c) Are existing between property line and the centerline of the peripheral streets of the property being developed; or
(d) Are along the project perimeter boundary.
(B) Responsibility For Compliance: Arrangements, including payment for all costs for undergrounding utility lines, shall be made by the developer or owner of the property to be developed with the serving utility company. Undergrounding of utility lines and structures may be done by the developer, or owner, with permission from the serving utility.
(C) Timing Of Compliance: Undergrounding shall be completed:
1. Prior to the inspection approval of related street improvements; or
2. Prior to building occupancy, if no related street improvements are required.
(D) General Exceptions: The following exceptions shall apply:
1. Temporary overhead utility lines, including necessary service poles, wires and cables, may be permitted and installed to the satisfaction of the building official for the period during which authorized construction is continuing for which valid building permits have been issued. All temporary overhead utility lines shall be removed prior to the issuance of the certificate of occupancy.
2. Appurtenances and associated equipment, including, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground and installed to the satisfaction of the public works director and city engineer.
3. In established residential areas where overhead utility lines presently exist along or near lot lines and where an infill single-family dwelling unit is being developed on a single lot, or where an infill two-family or duplex dwelling unit is being developed on a single lot, overhead utility lines may be permitted and installed to the satisfaction of the public works director and city engineer.
(E) Exceptions Approved By Public Works Director And City Engineer: The following further exceptions may apply, subject in each case to the specific written approval of the public works director and city engineer, and then only on the basis of a formal request detailing the reasons therefor:
1. On developments consisting of three (3) lots or less that do not in total exceed one hundred fifty feet (150') of frontage for residential, commercial, office professional, business park, public/institutional or industrial development, the planning commission, on recommendation of the public works director and city engineer, may waive construction of underground utility lines along the peripheral streets or property lines; however, all on site utility service lines shall be installed underground. In such a situation, the developer or property owner shall deposit the cost, as determined by the public works director and/or city engineer, for undergrounding utility lines along the peripheral streets or property lines with the city for future undergrounding work to be done by the city.
2. A new single-family residence constructed in rural undeveloped areas where there are no existing utility lines within a one-fourth (1/4) mile radius. However, in such a situation, the developer or property owner shall deposit the cost as determined by the public works director and city engineer for undergrounding utility lines along the peripheral streets or property lines with the city for future undergrounding work to be done by the city.
(F) Nonconforming Structures: Buildings and structures which, on the effective date hereof or any subsequent amendments thereto, are nonconforming in regard to aboveground on site utility lines and structures, may continue to be used, altered or enlarged in the same manner, as if such nonconforming utility lines did not exist.
(G) Appeals: An appeal, along with the appropriate fee, may be submitted to the city council for the consideration of waiving all or portions of the requirements of this section due to topographic conditions, soil or other factors that render undergrounding unreasonable or impractical. All appeals shall be in writing, and shall state the reason why undergrounding is unreasonable or impractical. Appeals shall include a preliminary estimate of cost, in writing, from the serving utility company. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)