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Ord 91-090 ORDINANCE NO. 91-90 COpy AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, REGULATING FOR THE GENERAL WELFARE THE CONSTRUCTION OF NEW AND THE CONVERSION OF EXISTING AERIAL ELECTRICAL OR COMMUNICATION FACILITIES UNDERGROUND WITHIN THE CORPORATE LIMITS OF THE CITY¡ PROVIDING CERTAIN MINIMUM REQUIREMENTS AND PROCEDURES RELATING THERETO¡ REQUIRING CONNECTIONS AND DISCONNECTIONS OF SERVICE AFFECTED THEREBY AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. FOLLOWS: BE IT ORDAINED BY THE CITY OF FEDERAL \,AY, \vASHINGTON, AS section 1. Scope and Exceptions. A. It is especially found and determined by the City that the general public necessity, convenience, health, safety and welfare require that electrical or communication facilities be constructed under- ground in an orderly manner in accordance with the requirements specified herein. B. The ordinance owns who shall apply to anyone electric facilities or communication facilities, including but not limited to telephone and cable television facilities, wi thin the corporate city limits; provided, however, the following facilities are excepted from the undergrounding requirements of this ordinance: (1) Electric pad-mounted utility sub-stations, transformers switching not facilities and located on the public right-or-way where site screening is or will be provided in accordance with section 5C(2). (2) Electric transmission systems of a voltage of 115 kv or more (including poles and wires) and equivalent communications facilities. (3 ) Ornamental street lighting standards, as defined by Public Works Director. (4) Telephone pedestals and other equivalent communication facilities. (5) Police and fire sirens, or any similar municipal equipment, including traffic control equipment. Temporary services for construction. (6) (7) Secondary wiring for street lighting. (8) Cable television cables to the extent that said cables are to be hung on existing utility poles in areas of the City where electrical facilities under 115 kv or other distribution facilities are primarily overhead. section 2. Cost. The cost of constructing new facilities underground or relocating existing aerial facilities underground shall be borne by the serving utilities, the owners of the real property to be served, or others in accordance with the applicable filed tariffs, or the rules and regulations, or the published policies of the respective utilities furnishing such service, or as may be contractually agreed upon between the utility and such owner or 2 applicant. In the absence of filed tariffs, rules or regulations, published policies, or contractual agreement, the cost of constructing new facilities underground or relocating existing aerial facilities underground may be financed by any method authorized by state law. section 3. Underqround Requirements. A. New Facilities. (1) All major additions of new facilities (three or more spans and/or 500 feet or more) shall be underground. (2) Minor additions of new facilities may be constructed aerially where existing facilities are aerial. (3) A permit from the City Public Works Department shall be required. B. Rebuilds. Replacements and Additions. (1) A relocation necessitated by a public works project including, but not limited to, road realignment, widening or sewer and water main projects; a major rebuild; or replacement of existing aerial facilities (three or more spans and/or 500 feet or more) shall be underground and a permit from the City Public Works Department shall be required; except: undergrounding shall not be required in those 3 c. (3 ) (4) (5) cases where the Public Works Director finds that undergrounding will not be in the best interest of the public. (2) A minor rebuild, replacement or relocation of existing aerial facilities may be constructed aerially- No permit shall be required. When there is casualty damage to an overhead service system or other major service outage, the facilities may be restored aerially. No permit shall be required. An addition of three phase conductors or re- conductoring which does not constitute a major rebuilding will be allowed on existing aerial facilities. No permit shall be required. The provisions of this section 3(B) shall not apply to zoned for single-family areas residences, or in other zones if 75 percent of the affected parcels within the perimeters of the specific project is made up of single- service Connections. family residences. service connections are facilities extending from a distribution system terminating and on private property to subscriber. customer serve a or service connections shall be underground, unless the distribution system serving the customer or 4 E. F. subscriber is aerial, and the building, structure or facility to be served is new construction or an addition, alteration, or repair thereto is under D. twenty thousand dollars ($20,000.00) in value. street Liqhtinq. street lighting facilities or systems, conforming to the City Public Works Department standards then in effect, shall be installed as an integral part of all projects the underground constructed after effective date of this ordinance. Proposed Riqhts-of-Wav. All rights-of-way proposed to be dedicated to the City or easements for public facilities shall be subject to the provisions of this ordinance and Federal Way Zoning Code 110.45(5). In the event of conflict, the ordinance requiring the earliest date of undergrounding shall supersede. Connections and Disconnections of Affected Service. The owner or owners of real property abutting an underground project shall be responsible, at his or their converting to underground for expense, service their aerial disconnecting his and or services within ninety (90) days following notice in writing availability of such underground of service. Time in consummating such connection and disconnection is of the essence and such notice to 5 H. the property owner, customer or subscriber may be mailed, postage prepaid, or delivered in person. In the event that said conversion and disconnection is not accomplished within ninety (90) days of receipt of notice, the city may order the work done and the actual cost shall constitute a lien against the real property subject to enforcement as provided by law. G. site Screeninq. Where a permit for the project is required by this ordinance, plans for all above-ground installations shall be submitted to the Department of Community Development for approval of site screening and set- backs prior to the issuance of a service permit by the City Public Works Department. As Built. project drawing in form acceptable to the city and conforming to generally accepted engineering practices shall be submitted in duplicate to the office of the City Public Works Department within ninety (90) days of the completion of any underground project within city. the Complete updated system drawing shall be submitted every six (6) months. 6 A. section 4. Permits. A. Underqround Permits. Unless otherwise provided in any existing as franchise, a permit for underground construction shall be obtained City from Public the Works Department its and/or designee prior to construction of facilities in the public right-of- way. An appropriate fee shall be charged for this permit, schedule file with the City as per on Public Works Department. B. Aerial Permits. Unless otherwise any existing provided in as franchise, line installations where pole are permitted under the variance procedures of section 6, or minor new additions under section 3A(2) or temporary aerial facilities under section 1B(6), a permit shall be obtained from the office of the city Public Works Department prior to construction of such facilities in the public right-of-way. No fee this an shall be charged permit until for appropriate fee schedule is adopted by the City Council. section 5. Desiqn Standards. All conductors, switches, transformers, and regulating devices shall be installed in accordance with applicable the national, state and local 7 safety standards. All structural devices shall be designed in accordance with the provisions of the latest edition of the Uniform Building Code; provided, however, all underground facilities provided for herein shall be installed in such manner to conflicts coordinate as minimize and during construction with other underground facilities, e.g., water, sewer and gas pipelines, traffic control and other signal systems. Whenever such coordination requires installation practices more restrictive minimum demanding than or the standards required by applicable national, state and local codes and safety standards, the requirements of such coordination shall be governing and controlling. B. All vaults, manholes, ventilation gratings, and access covers and conduit in public rights-of-way shall be strong enough to withstand 10,000 pound wheel load. The serving utility may, at its option, during construction, elect to restrict a 10,000 pound wheel load requirement while assuming the responsibility for upgrading facilities to traveled street areas beyond the original traveled street should area subsequent realignment, relocation or widening occur. 8 D. E. c. Any equipment except aerial poles and wires excepted from those underground requirements or otherwise permitted to be installed above-ground shall be: (3) Space (1) Placed within an enclosure or part of the building being serviced; or (2) Suitably with screened or other masonry decorative panels and/or evergreen trees, shrubs and landscaping planted in sufficient depth and height, within a period of five (5) years, to form an effective sight barrier. The utility shall be responsible for the installation, maintenance, repair, or replacement of the aforementioned screening materials when the real property, on which the above-ground facility is located, is owned by the utility. When said above-ground facility is located on non-utility owned real property, the owner(s) shall bear the expense of installation, maintenance, repair or replacement of screening materials outlined hereinabove. frames and structural arrangements for holding equipment shall be designed to have an uncluttered and neat appearance. streets shall be graded to sub-grade prior to the 9 ,'", installation of underground facilities. Section 6. variance Procedures. A. All applications for variances from the foregoing underground requirements shall be processed using Process I procedure as set out in Chapter 145, Federal Way Zoning Code, with the exception that all references to Planning Department contained within substituted Chapter with shall be 145 "Public Works Department", and all references to "Planning Official" in Chapter shall be 145 substituted with "Public Works Director". The criteria for granting a variance shall be as set out in paragraph B of this section. B. Underground requirements or waived be shall modified variance if the by only owner of a electrical or communication facilities or the user thereof, other can affected or any person demonstrate that it would be an undue hardship to construct such facilities underground. The term "undue hardship" shall mean either: (1) installation be technologically The would unfeasible; or (2) construction The cost of the underground outweighs the general welfare consideration in requiring underground construction. 10 Section 7. Joint Trenches. Where several utilities are planned or required in the same corridor, every effort shall be made by the utilities to use joint trenches for such facilities. section 8. Penalties. Any person convicted of violating any provisions of this ordinance shall be punished by a fine of not more than five thousand dollars ($5,000) or imprisonment for not more than six (6) months, or both, by such fine and imprisonment for each day or part of a day during which the unlawful act or violation occurs. The property owner or other person may also be ordered to discontinue the unlawful act or correct the violation. civil Penaltv. Any person who violates or fails to comply with any provision of this ordinance and the owner of the property upon which a violation of this ordinance exists or is located is, in addition to a criminal penalty, subject to a maximum civil penalty of five thousand dollars ($5,000) for each day or portion of that day that a violation continues, except that the owner of the property upon which the violation is located or exists, who is in no way actively involved in the violation, shall be subject to the civil penalty only if he/she fails to correct the violation after being ordered to do so under the provisions of this ordinance. other Leaal Remedies. Nothing in this chapter limits the right of the City to pursue other lawful criminal, civil or equitable remedies to abate, discontinue, correct or discourage 11 unlawful acts in violation of this code. section 9. Enforcement Officer. The Public Works Department Director or his/her designated representative shall be responsible for the investigation of violations. section 10. Repeal and Supersedure. Any ordinances of the City which are inconsistent with any of the provisions of this ordinance are hereby repealed and superseded. section 11. Effective Date. This ordinance shall be effective five (5) days after passage and publication of an approved summary of this ordinance. PASSED by the city Council of the city of Federal Way this ~ day of March , 1991. CITY OF FEDERAL WAY Ø.~~ ~ MAYOR, DEBRA ERT L ~~ IT AT , ANDRA DRISCOLL 12 ,-- FILED WITH THE CITY CLERK: March 15, 1991 PASSED BY THE CITY cbÜBCIL: March 19, 1991 PUBLISHED: March 22, 1991 EFFECTIVE DATE: March 27, 1991 ORDINANCE NO. 91-90 9'OU35 13