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
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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.
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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