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Ordinance 2491WSS:jt 12/17/84 Revised: 02/28/85na 04/16/85na 2491 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 18.05 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO CLARIFY THE MEANING OF NEW OR EXTENDED SERVICE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 18.05 of the Edmonds Community Development Code is hereby repealed and a new Chapter 18.05 is re-enacted to read as follows: 18.05.000 SCOPE A. This chapter shall be interpreted to require all new, or extended utilities to be underground, except when exempted by this section. 1. "Utilities" shall mean all equipment used to deliver services by a utility such as elec- tricity, telephone or cable television. 2. "Common utilities" shall mean utilities which serve more than one lot or commercial develop- ment. 3. "Private utility services" shall mean the utilities which connect a lot or commercial development with common utilities. 4. "Utility" shall mean the person, agency, corporation or other organization providing utility service. 5. "Existing utility use" shall mean the existing utility service as judged in three categories: number of poles, number of lines and height of poles within the project area for which the permit is sought. - 1 - 6. "New or extended utilities" shall mean only utilities which are being built or extended to serve new commercial, industrial, or multi -family residential development which has not had that type of utility service or to serve a new single family residential subdivision. a. This definition shall not include: (i) Temporary extensions of service for construction purposes, nor (ii) Additions to any existing aboveground utility system where such additions are not for the purpose of serving new commercial development or a single family residential subdivision. (iii) Rebuilding or replacing existing common utilities, provided, that the rebuilt or replaced structures do not expand the existing utilities use within the project area by 10 percent; said expansion to include the number and height of poles and the number of wires or cable carried thereon. b. All utility services sought to be constructed as temporary service, additions, or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the Community Services Director. Any utility service found to be a "new or extended" service shall be reviewed as herein provided. 7. "Multifamily residential" shall mean development intended for use as apartments, duplexes, condominiums, or planned residential development. 8. Project Area - shall mean the actual area in which the project is proposed and shall include all structures or facilities actually, physically impacted by the improvement as well as any necessary appurtenant or accessory structures. B. Exemptions. The following are exempt from the underground requirement of Section 18.05.010, but are still subject to the design standards of Section 18.05.030. 1. Electric utility substations, padmounted transformers and switching facilities. - 2 - 2. Electrical utilities of more than 55 kilovolts. 3. Communication utilities not located on or along a public street right-of-way or private access easement. 4. Street light poles. 5. Telephone pedestals and similar devices. 6. Police and fire sirens, traffic control devices and other similar municipal equipment. 7. Communication antennas which meet current FCC requirements, if any. 18.05.010 UNDERGROUND REQUIREMENTS A. City-wide Requirements. 1. All new or extended utilities shall be undergrounded. 2. Whenever an existing aboveground private utility service connecting to underground common utilities is rebuilt or relocated, it shall be put underground. All private utility services installed after the effective date of this ordinance shall be underground. Provided, however, that whenever the requirements of this subsection would require the disturbance of any street surface or interfere with other city -owned utilities, the Community Services Director is authorized, in his/her sole discretion, to waive the requirements of this Section. B. Business and Commercial Areas - Additional Requirements. 1. Business and Commercial areas include all land in the BN, BC, CW and CG zone districts. 2. Whenever a building or commercial development in a business and commercial area has additions, alterations or repairs which exceed 50% of its value in a one-year period, its private utility service shall be put underground. C. Publicly -owned Facilities. Publicly -owned facilities shall meet the requirements applicable to business and commercial areas. - 3 - 18.05.020 COST The City shall not pay any of the cost of installing underground utilities, unless there is a contractual agreement between the city, the utility and/or the owners of the property to be served. If there is no contractual agreement, and the utility has no filed tariffs, rules or regulations, or published policies, any financing method not prohibited by state law may be used, including but not limited to the local improvement district and/or ULID methods. 18.05.030 DESIGN STANDARDS A. Underground Utilities. 1. All utilities shall be installed in accordance with all applicable national, state and city standards. 2. Where different utilities are planned or required in the same corridor, each utility shall make every effort to locate all the utilities in common joint trenches. B. Aboveground Utilities. 1. The Architectural Design Board shall review and make recommendations on all plans of aboveground utilities before a building permit or other construction permit is issued. The review of the Board shall be limited to the following criteria: a. All aboveground utilities except poles appurtenances, and overhead pole lines shall be enclosed within a building or shall be completely screened year round with a combination of landscaping or walls, fences, etc., provided that adequate access for use and maintenance through said screening may be reserved by the utility. Landscape screening shall be visually solid, and at least as high as the equipment to be screened, within five years of the installation of the equipment. The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening. Aboveground facilities needed for underground utilities serving one single- family dwelling and low profile mini -pad - 4 - transformers are exempt from this screening requirement. b. Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance. 2. Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code, the Architectural Design Board shall note the need for a variance and shall defer any decision or recommendation to the Hearing Examiner. 18.05.040 VARIANCES Applications for variances from the underground requirements of Chapter 18.05 and other variance requests arising from other requirements of the Edmonds Community Development Code which affect the construction of commercial or private utility service shall be reviewed by the Hearing Examiner under Section 20.100.010, final decision appealable to the City Council, using the criteria for variances of Chapter 20.85. For the purposes of this section, special circumstances in a variance from undergrounding shall be limited to technological impracticability of an underground installation or the Hearing Examiner's finding that the cost of the underground installation is excessive and outweighs the benefits to be gained by the public. - 5 - Section 2. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: L 7vfl6zL MAYOR, LARRY S. AUGHTEN ATTEST/AUTHENTICATED: TY LERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY Lalvr5�� FILED WITH THE CITY CLERK: CYMArck PASSED BY THE CITY COUNCIL: Marc.k a3i ldtsl ' POSTED: 4-24-85 EFFECTIVE DATE: 4-29-85 ORDINANCE NO. 2491 AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH CHRISTINE RISEN , being first duly sworn on oath deposes and says that she is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. the 24th day of April In accordance with RCW 35A.12.160, on , 1985, affiant posted true and correct copies of the attached Ordinance No. 2491, passed by the City Council on the 23rd day of April 1985, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 24th day of A,pri;l 19 85. SUBSCRIBED AND SWORN to before me this a day of 19 85 6R-o-t,ffry Public in and for the State of Washington, residing at