Ordinance 1387ORDINANCE NO, j
AN ORDINANCE OF THE CITY OF EDMONDS DECLARING
THE POLICY OF THE CITY wrpli RESPECT TO THE
UNDERGROUND INSTA TION OP ELE .IC AND
COMMUNICATION FAC ruEs WITHIN THE CITY OF
EDMONDS, FROV ft,LNG CERTAIN M1NIMUM REfaIRFI NTS
AND PROCEDIJRES RELATING THERETO AND PROVIDING
PENALTIES.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 6.30.010. Policy. It shall be the policy of the
City. of Edmonds to require the underground installation of all
new electrical and communication facilities for subdivisions,
plats, commercial buildings, apartments, schools, motels and
certain other buildings and structures with certain exceptions
noted hereinafter.
Section 6.30.020. Purpose. The purpose of this ordinance
is to establish interim minimum requirements and procedures
for the underground installation of electric and communication
facilities within the City of Edmonds until such time as it is
feasible to underground. existing facilities.
Section 6.30.030. Scope. Subject to the excepted
facilities listed in Section 6.30.040 of this chapter, this
ordinance shall apply to all electric facilities and to all
communication facilities. The term "facilities'' when used
herein includes, but is not limited to, telephone, telegraph,
electric power and cable television wires and/or cables.
Section 6,30.040. Excepted facilities from underground
requirements.
(1) Electric utility substations, padmounted transformers
and switching facilities not located on the public right-
of-way where site -screening is, or will be, provided herein-
after.
(2) Electric transmission systems of a voltage of 55 kv
or more (including poles and wires) and communication facilities
where such facilities are not located upon, along or over the
publicly dedicated streets of the City of Edmonds, or within
the right-of-way thereof.
(3) Ornamental street lighting standards,
(4) Telephone pedestals and other equivalent co
facilities.
(5) Police and fire sirens, or any similar municipal
equipment, including traffic control equipment.
(6) For temporary use only, extensions of existing
aerial facilities or additions to existing aerial facilities.
A permit for such extensions and additions must be obtained
from the city engineer.
(7) Antennae for CATV, mobile telephone, radio relay, and
microwave systems providing they meet FCC requirements, present
and future, and subjectto location approval by the city.
Section 6.30.050. Cost. The cost and expense of
installing new facilities, underground, shall be borne bythe
serving utilities and/or theowners and developers of the real
property served and/or persons applying for such underground
service in accordance with the applicable filed tariffs, or the
rules and regulations, or thepublished policies of the res-
pective utilities furnishing such service, or as may be con-
tractually agreed upon between the utility and such owner,
applicant or the City of Edmonds.
unica
ion
In the absence of filed tariffs, rules or regulations,
published policies, or contractual agreement, the cost and
expense of installing new facilities, underground, may be
financed by any method authorized by state law, including
by local improvement district.
Section 6.30.060. Underground requirements.
A. Business
1. The following requirements apply to all areas
which are zoned by the official zoning ordinance of the
City of Edmonds as co ',ercial or industrial, BN, BC,
CW, CO and IP.
2. All extensions of overhead electric and couni-
cation facilities for any new buildings, structures and
co ercial,developments shall be installed underground
from and after the effective date of this ordinance.
B. Residential areas and public areas.
1. The following requirements apply to all areas
zoned by the official zoning ordinance of the City of
Edmonds as residential, RS, RD, RM, Hospital, Schools
and Public Uses.
2. All extensions of existing overhead electric and
communication facilities for subdivisions, plats and any
buildings or structures, except single family and two
family dwellings, shall be installed underground from and
after the effective date of this ordinance, provided,
single family and two family dwellings shall be so served
with underground facilities if they are part of a plat or
subdivision receiving planning coion approval sub-
sequent to the effective date of this ordinance.
3. A11 new, rebuilt, or relocated electric or co uni-
cation services from an underground facility to service
connection of new structures and buildings shall be
installed underground from and after the effective date
of this ordinance.
C. The underground requirements respecting all electric
or communication facilities of public facilities shall conform
to the requirements of the ediately surrounding areas, as
determined by their zoning classification, provided, that where
the surrounding areas have varying requirements in accordance
with the above provisions, the underground requirements shall be
those applicable to the predominantly surrounding area.
Section 6.30.070. Design standards.
(1) All conductors, switches, transformers, and regulating
devices shall be installed in accordance with the applicable
national, state, and local safety standards. All structural
devices shall be designed in accordance with the provisions of
the latest edition of the Uniform Building Code.
(2) All vaults, handholes, ventilation gratings and access
covers and conduit in public roadway shall be strong enough
to withstand 10,000 pound wheel load.
(3) Any equipment excepted from these underground
requirements or otherwise permitted to be installed above
ground shall be:
(a) Placed within an enclosure or part of the
building being served, or
(b) suitably screened with masonry or other decorative
panels and/or evergreen trees, shrubs, and landscaping
planted in sufficient depth to form an effective and
actual sign barrier within five years. Where shrubbery
4
is the py screening element, minimum shrub height
shall be seven feet (except for equipment not exceeding
such height( for the bulk of the screen, with lower
shrubs in foreground to eliminate any gaps in screening.
The utility shall be responsible for the installation,
maintenance, repair, or replacement of the aforementioned
screening *. terials 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 shall bear the expense of
installation, maintenance, repair, or replacement of the
screening materials outlined above.
(4) Space fra,,-s and structural arrangements for holding
equipment shall be designed to have an uncluttered and neat
appearance.
(5) Where above grade pole line installations are permitted
under the variance procedures outlined in the section on
variance procedures, conductors shall be placed in vertical
alighment.
(6) Plans for all above ground installations shall be
submitted to the Planning Department for approval of site
screening prior to the issuance of a permit by the building
official.
Section 6,30.080. Variance procedure.
(1) All applications for variances from the foregoing
underground requirements shall first be filed with the Board
of Adjustment. The Board shall utilize existing rules and
regulations governing application for, hearings pertaining to,
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and the granting of variances in zoning matters and toprocedure
for granting variances. Underground requirements shall be
waived subject to such conditions as the Board may impose by
a variance only if the utility owner or user or any other
affected party can demonstrate that it would work an. undue
hardship to place the facilities concerned. underground. By
undue hardship is meant a technological difficulty associated
with the particular facility, or with. the particular real
property involved, or a cost of undergroundlng such a facility
which, in the Board's determination is deemed to outweigh the
public health, safety and general welfare considerations
implicit in underground installation.
(2) Any applicant or any party whose Interest is affected
by an application for a variance, or for a renewal, may appeal,
by forwarding to the City. Council a letter of appeal withinthirty.
days fro the date of the public hearing In which the Board's
decision on. a variance or renewal application is rendered.
Sec ion 6.30.090. 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 6.40.100. Enforcement. A violation of the
provisions of this ordinance, or any amendments thereto, by
any entity or individual affected thereby is hereby de
a misdemeanor, punishable by a fine of not more than $500.00,
or by Imprisonment for not more than ninety days, or by
both fine and Imprisonment. Each day of miolation shall
constitute a separate offense and may be punishable separately.
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In addition, the city engineer, chief of police, fire
chief or building official may issue stop orders on any work
or construction being performed in violation of this ordinance.
APPROVED:
ATThST:
PASSED BY THE CITY COUNCIL: September 17, 1968
FILED WITH THE CITY CLERK: September 17, 1968
PUBLISHED: September 25, 1968