Ordinance 37010006.90000
WSS /gjz
10/28/08
ORDINANCE NO. 3701
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
CHAPTER 18.05 UTILITY WIRES IN ORDER TO ADD A
NEW SECTION 18.05.030(B)(4) AND (5) PROHIBITING THE
USE OF METAL POLES OR TOWERS IN RESIDENTIAL
NEIGHBORHOODS AND PROVIDING FOR
INFORMATIONAL MEETINGS AND ADDING A NEW
SECTION 18.05.060 REQUIRING THE COORDINATION OF
FACILITY REPLACEMENT WITHIN A REASONABLE
PERIOD OF TIME, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, utility facilities are a fact of life in urbanized areas; and
WHEREAS, however, the use of tall metal poles or towers in place of standard
wood poles in single - family residential neighborhoods can create an aesthetic blight; and
WHEREAS, the failure of utilities to timely relocate their lines to new poles can
result in aesthetic blight by leaving portions of poles suspended in mid air or large bundles or
swags of utility lines hanging from poles; and
WHEREAS, the practice of severing a portion of a pole and leaving it suspended
in mid air could in certain situations such as a storm, pose a threat to the public use of sidewalks
and streets; and
WHEREAS, as an exercise of police powers, the City Council deems it to be in
the public interest to amend the provisions of its utility pole provisions in order to better regulate
pole replacement and require coordination of facilities in a timely fashion, NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. ECDC 18.05.030 Design standards, paragraph (B) Above ground
utilities is hereby amended by the addition of new subsections (4) and (5) relating to use of metal
poles in residential zones and to wireless facilities to read as follows:
18.05.050 Design standards.
B. Above ground utilities.
4. No metal pole or tower shall be utilized in a single - family
residential zone unless required in order to comply with the
provisions of the State Electrical Code. Wooden poles of height
and type generally in use in the surrounding residential
neighborhood shall be utilized unless prohibited by the State
Electrical Code. Conduit placed upon the pole to serve the
wireless facility shall be of a color closely matching the pole.
5. At least ten (10) days prior to installation of a wireless
facility on or atop a pole in a residential neighborhood, either the
utility that owns the pole or the utility installing the wireless
facility shall host an informational meeting for all property owners
within three hundred (300) feet of the pole. Notice shall be
provided in writing, deposited in the US mail, postage paid five (5)
business days prior to the informational meeting. Failure to
provide the notice and/or host the informational meeting shall be a
civil infraction punishable by a fine of up to Two Hundred Fifty
Dollars ($250).
Section 2. Chapter 18.05. Utility is hereby amended by the addition of a
new Section 18.05.060 Coordination of facility replacement.
18.05.060 Coordination of facility replacement.
When a pole, tower or other facility ( "Facility ") is replaced, the
owner of the Facility shall have a reasonable amount of time, not
to exceed thirty (30) days to coordinate transfer of all existing
utility lines, transformers, and equipment to the new pole. The
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owner of the Facility shall provide written notice to transfer such
utility lines, transformers and equipment to the new pole to other
utilities using the pole. Written notice shall be provided to each
utility utilizing the pole by placement in the U.S. mail, postage
prepaid on or before the date the pole is to be replaced. The notice
shall include the date of pole replacement and the City's
requirement that transfer of facilities be completed within thirty
(30) days. Failure to relocate a utility line, transformer or other
equipment to the new Facility within thirty (30) days shall be a
civil infraction punishable by a fine of up to $200 per day. Each
and every day which the utility fails to relocate its utility lines,
transformers and /or equipment to the new pole shall be a separate
violation. Failure to provide written notice as provided above shall
be a civil violation punishable by a fine of up to Two Hundred
Dollars ($200). Each day which notice is not give after pole
replacement shall be a separate violation.
Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROV
MAY 6R G101Y HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF
BY C
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 10/31/2008
PASSED BY THE CITY COUNCIL: 11/03/2008
PUBLISHED: 11/09/2008
EFFECTIVE DATE: 11/14/2008
ORDINANCE NO. 3701
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SUMMARY OF ORDINANCE NO. 3701
of the City of Edmonds, Washington
On the 3rd day of November, 2008, the City Council of the City of Edmonds,
passed Ordinance No. 3701. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF CHAPTER 18.05 UTILITY WIRES IN ORDER TO ADD A NEW
SECTION 18.05.030(B)(4) AND (5) PROHIBITING THE USE OF METAL POLES OR
TOWERS IN RESIDENTIAL NEIGHBORHOODS AND PROVIDING FOR
INFORMATIONAL MEETINGS AND ADDING A NEW SECTION 18.05.060 REQUIRING
THE COORDINATION OF FACILITY REPLACEMENT WITHIN A REASONABLE
PERIOD OF TIME, AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 4th day of November, 2008.
C TY CLERK, SANDRA S. CHASE
{WSS709278.DOC;1/00006.900000/1 - 4 -
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH } S.S.
s
/ I,yC. 1590
SUMMARY OF ORDINANCE NO. 3701
of t the Gryry of dmonds; Washiqqtoa
On the 3rd day of November, 2008, the City Council of the
City of Edmonds, passed Ordinance No. 3701. A summary of,
the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, AMENDING THE PROVISIONS OF CHAPTER 18:05
UTILITY WIRES IN ORDER TO ADD A NEW SECTION
18.05.030 B 4 AND (5) PROHIBITING THE USE 'OF
METAL PO S OR TOWERS IN RESIDENTIAL NEIGH-
BORHOODS AND PROVIDING FOR INFORMATIONAL
MEETINGS AND ADDING A NEW SECTION 18.05.060 RE-
QUIRING THE COORDINATION OF FACILITY REPLACE
MENT'WITHIN. A REASONABLE. PERIOD OF TIME, AND
FIXING A' TIME WHEN THE SAME SHALL, BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 4th day of November; 2008. '
CITY CLERK, SANDRA S. CHASE
Published: November 9 2008.
RECEIVED
NOV 19 2008
EDMONDS CFFY CLERK
Account Nao o City of Edmonds
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
Summary of Ordinance No. 3701
Amending the provisions of Chapter 18.05 Utility Wires
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
November 09, 2008
and that said newspaper was reguiany distributed to its subscribers during ail of said period.
Subscribed and sworn to before me this 10th
day of
Notary Public in and f the Sta of WashingtogypkVI� h%%frett, 11oho sh
County.
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