Ordinance 249805/15/85
WSS/naa
ORDINANCE NO. 2498
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF SECTIONS 18.05.010
AND 18.05.040 OF THE EDMONDS COMMUNITY DEVELOP-
MENT CODE RELATING TO UNDERGROUND UTILITY
REQUIREMENTS TO PROVIDE FOR VARIANCE AUTHORITY,
SECTION 15.00.020 RELATING TO APPLICATION FEES
TO PROVIDE FOR SAID VARIANCE REVIEW AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE
WHEREAS, requirements regarding the undergrounding of
utilities have been established by the City; and
WHEREAS, said undergrounding requirements may raise
practical difficulty due to the technological impracticability of
underground installation; and
WHEREAS, the City Council wishes to provide for further
review in order to assure that the cost of underground
installation is not excessive and outweighing the benefits to be
gained by the public, now, therefore
FOLLOWS:
THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS
Section 1. That Section 18.05.010 is amended to read
as follows:
18.05.010 UNDERGROUND REQUIREMENTS
A. City-wide Requirements.
1. All new or extended utilities shall be under -
grounded.
2. Whenever an existing aboveground private utility
service connecting to underground common utilities
is rebuilt or relocated, it shall be put under-
ground. All private utility services installed
after the effective date of this ordinance shall be
undergound.
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. (Ord. 2491, 19851.
Section 2. Section 18.05.040 relating to the variance
authority from underground requirements is amended to read as
follows:
18.05.040 Variances.
Application for variances from underground requirements of
Chapter 18.05 of the Edmonds Community Development Code
shall be reviewed by the Community Services Director in
accordance with the optional hearing provisions contained in
Section 20.95.050 of the Edmonds Community Development Code.
For the purposes of this Chapter, the special circumstances
necessary to justify a variance from the undergrounding
provisions of this Chapter shall be limited to technological
impracticability of any required underground installation or
to a finding that the cost of the underground installation
is excessive in light of the benefits derived and outweighs
the benefits to be gained by the public.
Section 3. Section 15.00.030 Other Fees is amended to
add a new subsection (G) relating to Fee for Underground Variance
Review to read as follows:
G. Variance From Undergrounding Requirement Fee:
The application fee for any variance request from the
undergrounding requirements of Chapter 18.05 shall be
$80.00.
Section 4. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting as
provided by law.
APPROVED:
MAYOR, LAR S. A GHTEN
ATTEST/AUTHENTICATED:
CITY'CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
114
FILED WITH THE"'CITY CLERK: May 16, 1985
PASSED BY THE CITY COUNCIL: June 4, 1985
POSTED: June 5, 1985
EFFECTIVE DATE: June 10, 1985
ORDINANCE NO. 2498
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
ss:
COUNTY OF SNOHOMISH )
Christine M. 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. In accordance with RCW 35A.12.160, on the
5th day of June, 1985, affiant posted true and correct copies of the
attached Ordinance No. 2498, passed by the City Council on the
5th day of June, 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
650 Main Street
Edmonds, WA 98020
Edmonds Branch of the United States Post Office
201 Main Street
Edmonds, WA 98020
DATED this 5th day of June, 1985.
SUBSCRIBED AND SWORN to before me this ,5'- day of
1985.
of y Public in and for the
State of Washington, residing
at