Proposed Code Amendments

PROPOSED CODE REVISIONS 
 
Below are the proposed changes to Sections 151.140, 152.030 and 155.057 of the City Code. 
 
§ 151.140 UTILITIES ENCROACHMENT PERMIT. 
   (A)   Application process. Any person desiring an encroachment permit pursuant to 
this section shall file an application with the Department Engineering Division in the form 
prescribed by the city, together with that part of the non-refundable application 
processing fee established by Council resolution. The full fee shall be paid on demand 
from th the city and shall be in an amount established by the City Manager as 
necessary to recover all reasonably related costs incurred by the city to review and 
process the application. 
   (B)   Special terms and conditions for the encroachment permit described in this 
section. In addition to the general terms and conditions for all encroachment permits 
listed above, permits issued pursuant to this section shall also comply with the following 
conditions: All utility lines pipes, conduits and facilities and appurtenances thereto shall 
be placed underground except stations and high voltage lines, 69 kv and greater and 
except in exceptional circumstances where the Department finds there is no feasible 
method to accomplish the purpose of the item for which the request is made 
underground. undergrounding of existing overhead and proposed utility lines per § 
152.030 and § 155.057, respectively. 
   (C)   Fees. 
      (1)   Entities subject to this permit shall pay: 
         (a)   The encroachment permit application processing fee which covers the cost of 
reviewing and processing the application provided, however, public utility corporations, 
counties, state agencies and adjacent cities, for conformity, will not be required to pay 
the permit application processing fee; 
         (b)   The inspection fee which covers the cost of inspection of the construction, 
work, or installation to insure it meets all city requirements; 
         (c)   A fee to recover all of the reasonable costs associated with construction, 
maintenance and operation of permittee’s facilities in the highway, including but not 
limited to all reasonable and supportable costs associated with the damage caused to 
the highway; and 
         (d)   In addition to the permit fees, the permittee shall also pay such use fees as 
spelled out in their use agreement with the city. 
      (2)   Each of these fees will be established by Council resolution provided however 
that application processing fee may be established based on cost as set forth 
hereinabove. 
   (D)   Examples. Examples of utilities for which this permit would be applicable would 
be non-city owned or operated water, sewer, irrigation, effluent, electric, and gas lines.

§ 152.030 GENERAL PROVISIONS. 
   (A)   The developer shall place underground all existing overhead utility lines, 
including but not limited to telephone, cable television and electric power, except 
electrical lines exceeding 13kV capacity,, either within a proposed development or 
redevelopment project or within public rights-of-way or easements adjacent to the 
project, prior to issuance of a certificate of occupancy. This requirement shall apply to 
all projects submitted for approval or re-approval under the provisions of the site 
development in the zoning code. Utility poles and lines are defined herein as the poles, 
structures, wire, aerial cables, and related facilities used in the distribution of electricity 
or in the transmission of telecommunications, telegraph, data, radio, or television 
communications. This requirement includes both new and existing utility lines on and 
adjacent to the project, including lines which extend across public streets, alleys, and/or 
easements adjacent to the property being developed or redeveloped. Existing utility 
lines within or adjacent to a project shall be under-grounded up to the first existing pole 
beyond the limits of the property. This requirement includes the undergrounding of all 
existing overhead service lines attached to the lines to be removed along with 
necessary conduit, supports, restoration and the like, necessary to convert the service 
line from overhead to underground. The requirement shall apply regardless of the 
existence of easements for overhead lines. When high-voltage power lines (abovelines, 
above 1312 KV kV or similar,) are present on the same poles as the lower voltage lines, 
all lines other than the high-voltage lines shall be placed underground.  
   (B)   Equipment appurtenant to the underground facilities, such as surface-mounted 
transformers, pull boxes, pedestal cabinets, service terminals, telephone splice 
closures, concealed ducts, or other similar on-the-ground facilities normally used with or 
as design approved by the Public Works DirectorCity Engineer, may be maintained 
above ground with the written permission of the Public Works DirectorCity Engineer for 
the specific facility to be left above ground. 
   (C)   The developer or owner of a development or redevelopment project shall be 
responsible to make necessary arrangements with the affected utility companies for the 
installation of required underground facilities, including the design and payment of any 
cost therefore as a condition of plan approval. Nothing contained herein is intended to 
obligate a providing utility company to install the underground facilities without 
reimbursement. 
   (D)   In those instances where poles to be removed include street lights, the street 
lights will be replaced with freestanding poles by the developer in accordance with 
current street light standards. 
   (E)   Relief from undergrounding requirements may be considered, at the discretion of 
City Council, under the following conditions. 
      (1)   Deferment of undergrounding may be requested by a developer in cases where 
the utility frontage is small (generally less than 1,000 feet in length). When deferment is 
approved, the developer shall obtain an estimate of undergrounding costs from all

affected utility companies. The developer shall then be required to provide a cash 
deposit, letter of credit, certificate of deposit, or other security acceptable to the City 
Attorney, in an amount equal to the estimated under-grounding costs, as provided by 
the utility company, associated with the utility frontage of the project. The developer 
shall also be required to install the ductwork (conduit) required by the utility companies 
for the future undergrounding prior to issuance of certificate of occupancy. Phasing of 
projects will be considered based on the particular situation. On projects for which plans 
are approved in phases, the developer may request delay in payment of estimated 
costs until approval of plans for the largest phase involving undergrounding, at which 
time payment for the entire project shall be required. The obligation to pay at the time of 
a subsequent phase shall be secured by an agreement which shall bind the owner and 
subsequent buyers for undergrounding costs along the entire applicable frontage. 
Monies received will be held in an account by the city to be used at whatever time the 
applicable area is converted by the city, utility companies, or other parties to 
underground utilities. 
      (2)   Exemption may be considered where the developer can show that 
undergrounding will be an unusual economic hardship and the costs of the 
undergrounding are disproportionate in terms of the utility frontage and the 
proportionate frontage of the project under consideration. Examples are cases where 
development occurs in an area where adjacent land on both sides is already developed 
(infill situation), and in cases involving additions or modifications to existing sites which 
represent a minor portion of the total site. 
      (3)   Exemption may be considered when high-voltage powerlines, above 13 kV or 
similar, would remain on the poles after the undergrounding of the lower voltage lines.  
 
      (43)   All requests for relief must be presented in writing to the Planning and 
Development Director prior to plan approval. Consideration for approval shall be in 
accordance with the purpose, intent, and objective of this section. The Planning and 
Development Director City Council shall approve or disapprove all formal requests for 
relief. High-voltage lines which remain after the undergrounding are not considered as 
grounds for relief. Aesthetics is only one of many reasons for undergrounding of which 
public safety is paramount. Completion of undergrounding and/or payment of costs shall 
be required prior to granting of a certificate of occupancy. All new service lines installed 
shall be underground per § 155.057 even though relief may be granted for adjacent 
existing lines. 
   (F)   The requirements set forth above shall not apply to new utility poles and wires 
erected for purely temporary purposes such as providing temporary building 
construction power, emergency power, telephone service, or the furnishing of power to 
temporary outdoor activities. A permit for the temporary use shall be obtained from the 
Public Works DirectorEngineering Division. The length of the temporary use shall be 
specified in the permit and may not exceed six months. An additional six-month permit 
may be issued upon a finding of necessity by the Public Works DirectorCity Engineer.

§ 155.057 UTILITIES. 
   (A)   Location. All new utility facilities, including but not limited to gas, telephone, cable 
television and electric power, except electrical lines exceeding 13,000 KV kV capacity, 
telephone, and cable television shall be located underground throughout the subdivision 
or proposed development or redevelopment project. All existing overhead utility facilities 
shall be placed underground per § 152.030. All utility facilities existing throughout the 
subdivision shall be located in either the street right-of-way and its adjacent easement 
of or in a dedicated alley except, where easements between alleys and street rights-of-
way are necessary to connect the utilities, as approved by the city. Underground service 
connections to the street property line of each platted lot shall be installed at the 
owner’s or subdivider’s developer’s expense. At the discretion of the City Council, the 
requirement for service connections to each lot may be waived in the case of adjoining 
lots to be retained in single ownership and intended to be developed for the same 
primary use.  
   (B)   Easements. 
      (1)   Proper coordination shall be established between the subdivider and the 
applicable utility companies for the continuation of utility easements established in 
adjoining properties, when rights-of-way or dedicated alleys are not appropriate. 
      (2)   Where topographical, locational, or other conditions are such as to make 
impractical the inclusion of utilities within rights-of-way or dedicated alleys, perpetual 
unobstructed easements of at least ten feet in width shall be provided. Easements shall 
be indicated on the plat.