(A) Underground construction required.
(1) All utility lines hereafter installed, constructed, or otherwise placed within the city for electric, telephone, television cable, or other like or similar services to serve residential, commercial, and industrial customers in newly platted areas, and which utilize metallic conductors or fiber optic to carry electric current, data or communications installed, or constructed by the supplier, consumer, or any party, shall be installed and placed underground, subject only to the exceptions hereinafter stated; however, above-ground placement, construction, modification, or replacement of meters, gauges, transformers, street lighting, and service connection pedestals shall be allowed.
(2) The requirements of this section shall apply equally outside of the corporate limits of the city coincident with city jurisdiction of platting, subdivision regulation, or comprehensive planning as may now or in the future be allowed by law. All companies installing and operating lines such as those described herein shall be referred to as “utility companies” for purposes of this section.
(B) Exceptions to application. The following exceptions to the strict applicability of this section shall be allowed upon the conditions stated.
(1) Transmission lines. Above-ground placement, construction, modification, or replacement of those lines commonly referred to as “high-voltage transmission lines” upon which the conductor’s normal operating voltage equals or exceeds 23,000 volts (phase to phase) shall be allowed; provided, however, that 60 days prior to commencement of construction of such a project, the city shall be furnished notice of the proposed project and, upon request, the utility company involved shall furnish any relevant information regarding such project to the city. This section shall not be construed as waiving the requirements of any other ordinance or regulation of the city as the same may apply to any such proposed project.
(2) Technical and economic feasibility. Above-ground placement, construction, modification, or replacement of lines shall be allowed in residential, commercial, and industrial areas where the Council, following consideration and recommendation by the Planning Commission, finds that:
(a) Underground placement would place an undue financial burden upon the landowner or the utility company or deprive the landowner of the preservation and enjoyment of substantial property rights; or
(b) Underground placement is impractical or not technically feasible due to topographical, subsoil, or other existing conditions which adversely affect underground utility placement.
(3) Temporary service. Above-ground placement of temporary service lines shall only be allowed:
(a) During the new construction of any project for a period not to exceed 12 months;
(b) During any emergency to safeguard lives or property within the city; or
(c) For a period of not more than seven months when soil conditions make excavation impractical.
(C) Repair and maintenance of existing installations. Nothing in this section shall be construed to prevent repair, maintenance, replacement, or modification of existing overhead utility lines.
(D) Developer responsibility. All owners, platters, or developers are responsible for complying with the requirements of this section, and prior to the final approval of any plat or development plan, shall submit to the Planning Commission written instruments from the appropriate utility companies showing that all necessary arrangements with said companies for installation of such utilities have been made.
(E) Placement.
(1) All utility lines shall be placed within appropriate easements or dedicated public ways so as to cause minimum conflict with other underground services. Whenever feasible, all utilities shall be placed within the same trench.
(2) All utility companies shall submit annually to the Building Inspector current maps revealing locations of underground installations, whether such installations were installed prior to the effective date of this section or hereafter.
(2006 Code, § 4.30)