Chapter 25
PLANNING AND DEVELOPMENT[1]
Art. I. In General, §§ 25-1—25-15
Art. II. Planning and Zoning Commission, §§ 25-16—25-35 (Repealed)
Art. III. Numbering of Buildings and Naming of Streets, § 25-36—25-60
Art. IV. Off-Site Improvements, §§ 25-61—25-80
Art. V. Water and Sewer Extensions to Newly Developed Areas,
§§ 25-81—25-100
Art. VI. Improvement of Streets Prior to Development of Adjacent Property,
§§ 25-101—25-119
Art. VII. Requirements for Placement of Overhead Utility Lines Underground,
§§ 25-120—25-130
Art. VIII. Outdoor Light Control, §§ 25-131—25-145 (Repealed)
ARTICLE I. IN GENERAL
Secs. 25-1—25-15. Reserved.
ARTICLE II. PLANNING AND ZONING COMMISSION[2]
Sec. 25-16. Repealed.
(Code 1967 § 2-2; Ord. No. 2004.42, 1-20-05)
Sec. 25-17. Repealed.
(Code 1967, §§ 2-3—2-5; Ord. No. 2004.42, 1-20-05)
Sec. 25-18. Repealed.
(Code 1967, § 2-6; Ord. No. 2004.42, 1-20-05)
Sec. 25-19. Repealed.
(Code 1967, § 2-7; Ord. No. 2004.42, 1-20-05)
Sec. 25-20. Repealed.
(Code 1967, § 2-8 Ord. No. 2004.42, 1-20-05)
Secs. 25-21—25-35. Reserved.
ARTICLE III. NUMBERING OF BUILDINGS AND NAMING OF STREETS
Sec. 25-36. Uniform numbering system established.
There is hereby established a uniform system for numbering buildings fronting on all streets, avenues and public ways in the city, and all houses and other buildings shall be numbered in accordance with the provisions of this article.
(Code 1967, § 8-6)
Sec. 25-37. Base lines for dividing city.
Salt River shall constitute the base line which will divide the city into northern and southern parts. Hereafter, all streets north of this base line and running generally in a northerly-southerly direction shall be considered "North" streets, and likewise all streets south of this base line and running generally in a northerly-southerly direction shall be considered "South" streets. Mill Avenue shall be considered the base line which divides the city into east and west parts. Hereafter, streets east of this base line and running in a generally easterly-westerly direction shall be considered "East" streets and likewise streets west of Mill Avenue and running in a generally easterly-westerly direction shall be considered "West" streets.
(1) Each building north of Salt River and facing a street running in a northerly direction shall carry a number indicating its location north of such base streets.
(2) Each building south of the north-south base line and facing a street running in a southerly direction shall carry a number and address indicating its location south of such base streets.
(3) Each building east of Mill Avenue, and facing a street running in an easterly direction shall carry a number and address indicating its location east of such base street.
(4) Each building west of Mill Avenue and facing a street running in a westerly direction shall carry a number and address indicating its location west of such base street.
(5) All buildings on diagonal streets shall be numbered the same as buildings on northerly and southerly streets if the diagonal runs more from the north to the south, and the same rule shall apply on easterly and westerly streets if the diagonal runs more from the east to the west.
(Code 1967, § 8-7)
Sec. 25-38. Basis for assigning numbers.
The numbering of buildings on each street shall begin at the base line. All numbers shall be assigned on the basis of one number for each twenty (20) feet of frontage along the street. Grid lines, as shown on the property numbering map, indicate the point at which numbers will change from one hundred (100) to the next higher hundred. All buildings on the south of east-west streets and east of north-south streets shall bear odd numbers, and likewise all buildings on the north side of east-west streets and west of north-south streets shall bear even numbers.
(1) Where any building has more than one entrance serving separate occupants, a separate number shall be assigned to each entrance serving an occupant.
(2) The building shall be assigned the number of the twenty-foot interval in which the main entrance of the building falls. In measuring the twenty-foot intervals of street frontage, if the main entrance of the building falls exactly upon the line which divides a twenty-foot interval from the next higher interval, either the number of the lower interval or the number of the next higher interval will be assigned to that entrance.
(3) A multiple-family dwelling having only one main entrance shall be assigned only one number, and separate apartments in the building will carry a letter designation such as A, B, C, in addition to the number assigned to the main entrance of the building.
(4) The duplex houses having two (2) front entrances shall have a separate number for each entrance. If both entrances fall within the same increment, either the preceding number or next highest number shall be used for one entrance number, and the interval number in which the entrances fall shall be used for the other entrance.
(Code 1967, § 8-8)
Sec. 25-39. Buildings facing short streets.
All buildings facing streets not extending through to the base line shall be assigned the same relative numbers as if the street had extended to the base line.
(Code 1967, § 8-8.1)
Sec. 25-40. Directional designation.
In addition to the numbers placed on each house or other building as heretofore provided, all streets, avenues and other public ways within the city are hereby given the following directional designation.
(1) All streets north of Salt River and running in a generally northerly direction are given the direction "North" as part of the street name.
(2) All streets south of Salt River and running in a generally southerly direction are given the direction "South" as part of the street name.
(3) All streets east of Mill Avenue and running in an easterly direction are given the direction "East" as part of the street name.
(4) All streets west of Mill Avenue and running in a westerly direction are given the direction "West" as part of the street name.
(Code 1967, § 8-8.2)
Sec. 25-41. Number assignment; placement on buildings.
(a) There shall be assigned to each house and other residential or commercial building located on any street, avenue or public way in the city, its respective number under the uniform system provided for in this article. When each house or building has been assigned its respective number or numbers, the owner, occupant or agent shall place or cause to be placed upon each house or building controlled by him the number or numbers assigned under the uniform system as provided in this article.
(b) Such numbers shall be placed on all appropriate existing buildings within thirty (30) days after the assignment of a permanent number. Placement on buildings shall conform to Chapter 11, Article II of this code.
(Code 1967, § 8-8.3; Ord. No. 97.14, 11-20-97)
Sec. 25-42. Plat book.
For the purpose of facilitating correct numbering, a plat book of all streets, avenues and public ways within the city showing the proper numbers of all houses or other buildings fronting upon all streets, avenues or public ways shall be kept on file in the office of the public works manager. These plats shall be open to inspection of all persons during the office hours of the public works manager. Duplicate copies of such plats shall be furnished to the engineer and building inspector by the public works manager.
(Code 1967, § 8-8.4; Ord. No. 2001.17, 7-26-01)
Sec. 25-43. Duties of public works manager.
It shall be the duty of the public works manager to inform any applicant of the number or numbers belonging to or embraced within the limits of any such lot or property as provided in this article. In case of conflict as to the proper number to be assigned to any building, the public works manager shall determine the number of such building. Final approval of any structure erected, repaired, altered or modified shall be withheld by the development services manager until permanent and proper numbers have been affixed to such structure.
(Code 1967, § 8-8.5, Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01)
Sec. 25-44. Approval required for new street names.
Everyone submitting a subdivision plat to the development review commission for their approval shall show the proper names of any and all streets and these street designations shall be approved by the development review commission before such new streets are officially named. Street name suggestions may originate with the party submitting the plat under the guidance of the development services manager.
(Code 1967, § 8-8.7; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2006.01, 1‑5-06)
Sec. 25-45. Changing, renaming or naming existing streets.
The mayor and council by resolution may change, rename or name an existing or newly established street within the limits of the city at any time upon recommendation of the development review commission and after consultation with the county court or county planning commission, if any, and any other governmental agency directly affected thereby.
(Code 1967, § 8-8.8; Ord. No. 2006.01, 1-5-06)
Secs. 25-46—25-60. Reserved.
ARTICLE IV. OFF-SITE IMPROVEMENTS
Sec. 25-61. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the text clearly indicates otherwise:
Off-site improvements means those required improvements in the public right-of-way and shall include, but not be limited to, asphaltic concrete surfacing, aggregate base, curb and gutter, valley gutters, concrete sidewalks, water mains, fire hydrants, sanitary sewers, storm drains and irrigation facilities when required.
Redeveloped means major additions or major alterations to existing structures, and shall include new structures on parcels of land having existing structures situated thereon.
(Code 1967, § 31-1)
Sec. 25-62. Approval of plans prerequisite to issuance of building permit.
No building permit shall be issued by the development services department until plans are submitted indicating that off-site improvements are planned for the project in conformance with city standards and requirements. These off-site improvement plans shall be submitted with all other building plans and applications. Building plans shall be approved in writing by the development services department. Off-site improvement plans shall be approved in writing by the public works department. Approval of both departments is required prior to the issuance of a building permit.
(Code 1967, § 31-2; Ord. No. 97.20, 4-10-97)
Sec. 25-63. Bond or deposit.
(a) The development services department shall deny final approval and certificate of occupancy of any building until the required off-site improvements are completed and have been inspected and approved by the public works department, unless performance of the off-site improvements is guaranteed by a performance bond, approved by the city attorney and the public works manager, or a cash deposit with the financial services manager for a sum which shall be in an amount fixed by the public works manager.
(b) The performance bond or cash deposit shall be returned to the depositor upon the approval of the public works department subsequent to the completion of the off-site improvements. It is further provided that the performance bond or cash deposit, or a portion thereof, the amount of such portion to be determined by the public works manager, may be retained by the city as compensation for performing the work required in the approved off-site improvement plans; provided, that the permittee shall have failed, or refused, to install the work within thirty (30) days after receipt of a notice in writing by the public works manager.
(Code 1967, § 31-3; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01)
Sec. 25-64. Temporary waivers.
If any of the off-site improvements cause a hardship on the city, or it is not practical to construct the improvements because of the pending formation of an improvement district, the public works manager may temporarily waive the off-site improvements upon the property owners signing a contract with the city to accept an improvement district assessment or to construct the improvements within thirty (30) days after receipt of a notice in writing by the public works manager.
(Code 1967, § 31-4; Ord. No. 2001.17, 7-26-01)
Secs. 25-65—25-80. Reserved.
ARTICLE V. WATER AND SEWER EXTENSIONS TO
NEWLY DEVELOPED AREAS[3]
Sec. 25-81. Policy.
There is hereby established as set forth in this article a policy and orderly program for extension of the services and facilities of the city water and sewer systems to serve and provide for newly developed areas and subdivisions within the city and those areas and subdivisions outside of the city for which city water or sewer service is desired and available.
(Code 1967, § 31-5)
Sec. 25-82. Applicability.
The elements of the extension policy and program stated in this article shall apply to extension of the city water and sewer systems.
(Code 1967, § 31-6)
Sec. 25-83. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Cost means the construction contract price.
Developer-owner means any person engaged in the development of one or more parcels of land and contracting for a city water or sewer system extension.
Main means any water line not exceeding twelve (12) inches in diameter or any sewer line not less than eight (8) inches in diameter which constitutes or will constitute part of the city water or sewer system.
Participating charge means the proportionate share of the cost (construction contract price) based on benefits derived in accordance with standards determined by the public works manager and approved by the city council for any existing main.
(Code 1967, § 31-7; Ord. No. 2001.17, 7-26-01)
Sec. 25-84. Plans, specifications.
Upon development of any property, area or subdivision within the city or of any property, area or subdivisions outside of the city for which city water or sewer service is desired and available, all plans and specifications for water and sewer systems shall be prepared by a professional engineer, registered in the state, and in accordance with the city public works department standards and specifications.
(Code 1967, § 31-8)
Sec. 25-85. Agreement between city and developer-owner.
Before the extension of any water or sewer main shall be made to serve a subdivision, platted or unplatted property, or any existing main tapped to provide service for any individual or unplatted property, the developer-owner desiring such service shall execute an agreement with the city which shall include the following:
(1) A warranty of workmanship and material for mains and facilities installed which shall run to the benefit of the city for a period of at least one year from the date of acceptance by the city;
(2) A diagram of all property which may be served by any main to be installed;
(3) A statement that the city acquires ownership of any main and appurtenances upon completion and acceptance of the work by the city;
(4) A statement that the city's cost for inspecting such work shall be paid by the developer or owner;
(5) A statement of the developer-owner's proportionate share of the cost for previously installed mains;
(6) A statement of the maximum possible reimbursement that may accrue to the developer-owner for the cost of mains to be installed by him but from which others may be served. If others are served, a participating charge will be made at the time of their development.
(Code 1967, § 31-9)
Sec. 25-86. Financing—Generally.
The following provisions related to financing the extension of water and sewer system mains may be applicable to mains to serve individuals, unplatted areas and subdivisions:
(1) When an existing main will serve the water or sewer system being created for the subdivision or platted area, any participating charges must be deposited with the city prior to start of construction of the proposed development.
(2) Where an existing main is to be tapped, a participating charge based upon that portion of the property to be developed shall be placed on deposit with the city prior to tapping the existing main.
(3) No person shall be permitted to extend service from his tap to adjacent property owned by someone else or to property for which a participating charge has not been advanced and deposited with the city without written approval of the city.
(4) The city will establish a separate account for each reimbursement agreement for the collection of participating charges and reimbursements to the party who financed the installation of the main. Sums collected shall be treated as trust funds to be paid upon receipt. In no event will the sums reimbursed exceed the contract price for the installation of the main.
(5) The reimbursement agreement shall state to whom reimbursement shall be made and shall include a diagram of the property from which reimbursements are contemplated. Should the property or any portion thereof not be served by the main or mains installed under the agreement, the developer-owner will not be reimbursed for the proportionate share of the main cost otherwise due from the property.
(6) Any developer-owner may assign the benefits arising out of any water or sewer agreement with the city; provided, that any such assignment shall not relieve the developer-owner from his duties and obligations under the agreement.
(7) Any agreement providing for reimbursement of developer-owners by subsequent and adjacent developer-owners shall run for a maximum period of twenty (20) years after execution of the agreement and thereupon terminate.
(8) Water mains larger than twelve (12) inches in diameter shall be considered transmission mains and, therefore, a city obligation. Sewer mains larger than twelve (12) inches in diameter shall be a city obligation unless necessary to serve the developer-owner and to satisfy city and state health department requirements, which mains shall be the obligation of the developer-owner.
(9) An individual service connection to any transmission water or trunk sewer main may be permitted upon approval of the public works manager and payment of a front-foot charge based on current costs for six (6) inch water mains or eight (8) inch sewer mains. Should the requested water connection exceed six (6) inches or sewer connection exceed eight (8) inches, the front-foot charge shall be based on current cost for main of same diameter as connection.
(10) The city shall be responsible for installation of permanent lift stations, while developer-owners shall be responsible for installation of temporary lift stations.
(11) The city shall be responsible for servicing temporary seepage pits where a sewer trunk system is not yet constructed.
(12) The city shall be responsible for providing and maintaining sewer outfall and interceptor mains but may require developer-owners to pay their proportionate share of the cost of the mains, as may be established by the city.
(Code 1967, § 31-10; Ord. No. 2001.17, 7-26-01)
Sec. 25-87. Same—Hardship cases.
(a) If a bona fide hardship exists, the sewer and water participating charges for residential properties may be paid to the city in twelve (12) equal installments added to the monthly water bill as a service charge; provided, that in the event of a default in any installment, service or utility charge the city shall discontinue service on the tenth day immediately following the day of default.
(b) A bona fide hardship exists when the gross annual income per household is equal to or less than the income criteria listed below and when certified in writing by the filing of an affidavit with the financial services manager:
Household size Income
2 ................................................................................................ $2,400.00
3 .................................................................................................. 3,000.00
4 .................................................................................................. 3,600.00
5 .................................................................................................. 4,200.00
6 .................................................................................................. 4,800.00
7 .................................................................................................. 5,400.00
8 .................................................................................................. 6,000.00
9 .................................................................................................. 6,600.00
10 ................................................................................................. 7,000.00
11 ................................................................................................. 7,800.00
12 ................................................................................................. 8,400.00
13 ................................................................................................. 9,000.00
For families with more than thirteen (13) members, add six hundred dollars ($600) for each additional member in the family.
(Code 1967, § 31-10.1; Ord. No. 2001.17, 7-26-01)
Secs. 25-88—25-100. Reserved.
ARTICLE VI. IMPROVEMENT OF STREETS PRIOR TO DEVELOPMENT OF ADJACENT PROPERTY
Sec. 25-101. Purpose.
The provisions of this article shall be applicable when the city council determines that certain streets are necessary before the development of property and provides a procedure for the installation of certain streets which may or may not constitute the entire off-site improvement requirements of the developer at the time of development of his property. This procedure basically consists of the improvement of short stretches, portions or reaches of streets to alleviate a condition deemed undesirable by the city council.
(Code 1967, § 31-17)
Sec. 25-102. Definitions.
For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the text clearly indicates otherwise:
Cost means the actual cost of:
(1) Construction of the public street improvements as determined by the construction contract price;
(2) Inspection and permit fees;
(3) Engineering fees required for the preparation of plans and specifications;
(4) Other incidental fees required to complete the improvements.
Development includes construction of residential, commercial or industrial buildings or structures or major additions or alterations to existing structures and includes new buildings or structures on property having existing buildings or structures situated on such property. When such property is zoned for agricultural or single-family residential use at the time of assessment, development shall also require a change of use or purpose.
Property owner means the individual, corporation, partnership, trust or other legal entity that owns property adjacent to the street right-of-way.
Right-of-way means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, pedestrian walkway, bikeway or drainage purposes.
Street improvements includes but is not limited to asphaltic concrete surfacing, aggregate base, portland cement concrete, curb and gutters, sidewalks, or valley gutters, storm drainage facilities, and irrigation tiling.
Streets means the full width of the right-of-way of any road, street, highway, alley, land or pedestrian walkway used by or for the general public, whether or not such road, street, highway, alley, land or pedestrian right-of-way has been improved or accepted for maintenance by the city.
(Code 1967, § 31-18)
Sec. 25-103. Assessment policy.
(a) The city council may determine that certain streets within the city be constructed or improved prior to development of the property adjacent to such streets.
(b) If deemed necessary by the council, the council may order such streets constructed or improved at city expense. Such expense shall be assessed against the adjoining property subject to the following:
(1) The assessment of property, if adjacent arterial streets are involved, shall not exceed the cost of improving more than one-half of the width, not to exceed thirty-four (34) feet, nor more than one thousand (1,000) lineal feet of such adjacent arterial street.
(2) Any parcel of land which at the time of assessment is used for single-family residential use and the width of which does not exceed two hundred (200) lineal feet shall not be assessed greater than one-half the costs of a residential street.
(3) The assessment of property shall not exceed the actual costs incurred by the city at the time of construction.
(Code 1967, § 31-19)
Sec. 25-104. Hearing procedure; determination of necessity.
(a) The city council, at a public hearing, shall determine the necessity of street improvements if the cost thereof is to be assessed against adjacent property. Notice of the hearing shall be given to the owners, and other affected persons who would be assessed for the costs of improvements, by regular mail no less than ten (10) days prior to the date of the hearing. The notice of hearing shall contain:
(1) A description of the proposed street improvements;
(2) The estimated cost of assessment for each affected parcel of property;
(3) The date, time and place that the city council shall consider the necessity of improvement and adoption of a resolution of intention. Notice shall also be published in a daily newspaper in five (5) successive issues and, in addition, shall also be conspicuously posted along the line of the proposed improvement at least ten (10) days prior to the hearing on necessity of the improvements.
(b) The property owners and any other persons directly interested in the work or in the assessment may, prior to the time fixed for the hearing, file in the office of the city clerk a written objection, briefly specifying the grounds for objection.
(c) At the time of public hearing, the city council shall hear and pass upon any objections to the proposed improvements, and its decision shall be final and conclusive. It may modify the extent of the proposed improvements and proceed without the necessity for republishing, reposting and remailing new notices.
(d) At the conclusion of the hearing, the city council may pass its resolution of intention directing that plans, specifications and estimates of the cost and expenses of the proposed improvements be prepared by the city engineer and filed with the clerk and order that a call for sealed bids be made.
(e) Upon completion of the improvements, the council shall by resolution, at a public hearing, determine the cost of the improvements and assess against the properties adjacent to the street improvement the total amount of the costs and expenses of the work in accordance with § 25-104, paragraph (a)(2). Notice of this public hearing shall be given to the property owner, and other affected persons who would be assessed for the costs of improvements, by regular mail at least ten (10) days prior to the date of the hearing. This notice shall contain:
(1) A description of the street improvements;
(2) The amount of the proposed assessment for each affected parcel of property.
(f) The property owners and any other persons directly interested in the work or in the assessment who have any objection to the legality of the assessment or to any of the previous proceedings connected therewith or who claim that the work has not been performed according to the contract, may, prior to the time fixed for the hearing, file in the office of the city clerk a written notice briefly specifying the grounds for objection. At the time fixed for the hearing, or at any time thereafter to which the hearing may be postponed, the council shall hear and rule upon the objections. The decision of the council shall be final and conclusive as to all errors, informalities and irregularities which the council might have remedied or avoided at any time during the progress of the proceedings.
(g) The council's resolution shall provide that any assessments remaining unpaid shall be paid prior to or at the time of the development of the assessed property.
(h) The resolution declaring the assessment and describing the properties against which the assessments are imposed shall be recorded in the office of the county recorder. When so recorded, the amount so assessed shall be a lien upon the properties assessed for ten (10) years thereafter or until such assessments are paid, whichever first occurs, and such recording shall be notice to all persons interested in the contents of the record.
(i) Any assessment made under this section shall abate if the property has not been developed within ten (10) years of the assessment.
(j) When it is necessary to improve a full street and sufficient right-of-way is not available, the city engineer may obtain the right-of-way upon terms that are just to the property owner and the city, including assumption by the city of all or part of the costs of street improvements.
(Code 1967, § 31-20)
Sec. 25-105. Collecting unpaid assessments at time of development.
At the time of development of the property adjacent and abutting such improvements, the city council shall fix, levy and assess the amount to be repaid upon such property and collect the amounts of such improvements as county taxes are collected. All statutes providing for the levy and collection of state and county taxes, including collection of delinquent taxes and sale of property for nonpayment of taxes are applicable to the assessments provided for in this article. (Code 1967, § 31-21)
Secs. 25-106—25-119. Reserved.
ARTICLE VII. REQUIREMENTS FOR PLACEMENT OF OVERHEAD
UTILITY LINES UNDERGROUND
Sec. 25-120. Definitions.
In this article, unless the context otherwise requires:
Communication lines means any line that provides one or two way transmissions by whatever means conveyed over lines in the public right-of-way including but not limited to transmissions of voice, video or data or anything of similar nature by which thought, idea or information is intended to be conveyed.
Developer shall be deemed to be any individual, firm, corporation, partnership, association, syndication, trust, governmental agency, or other legal entity that is responsible for the development or redevelopment of land that creates any demand for any utility service or causes alteration of existing utility services.
Development/redevelopment shall refer to either initial construction on previously vacant land, or the cumulative expansion (since effective date of this article) of greater than twenty-five percent (25%) of the building floor area existing or approved at the time of effective date of this article, or the cumulative alteration (since effective date of this article) at a cost exceeding fifty percent (50%) of the current appraised value of the structure with the exception of detached, single family dwellings.
Existing utility poles and lines means such poles, wires, aerial cables and any other related facilities that are in place and in operation within ninety (90) days of the effective date of this article.
New utility poles and lines means such poles, wires, aerial cables and other related facilities that are not in place and in operation within ninety (90) days as of the effective date of this article.
Off-site shall refer to easements and street rights-of-way within the development and adjacent to the development.
On-site shall refer to the individual lots, parcels, tracts, etc., of the development.
Power line extensions refers to those primary distribution lines that are to be extended through a developed or undeveloped area.
Primary distribution line means an electric line used for electrical distribution or electrical feeder, single-phase or three-phase, having a voltage rating of twelve thousand five hundred (12,500) volts or less.
Secondary and service lines means utility lines that provide electrical and communications service to commercial, industrial, residential, and public use areas.
Transmission line means an electric line used for the bulk transmission of electricity between generating or receiving points and major substations or delivery points, having a voltage rating greater than twelve thousand five hundred (12,500) volts, including multi-functional static ground wire.
Underground (undergrounding) means the placement of utility lines below ground, with the removal of above ground poles, wires, and structures as applicable.
Utility company shall refer to companies, corporations, and municipalities that undertake distribution and transmission of electricity, telephone, telegraph, radio, television, or telecommunications, or any other communications over communication lines.
Utility poles and lines shall refer to the poles, structures, wires, aerial cables and related facilities used in the distribution of electricity or communication lines.
(Ord. No. 88.85, 1-12-89; Ord. No. 2000.14, 6-8-00; Ord. No. 2008.13, 4-3-08)
Sec. 25-121. Permits for new or relocated overhead lines or utility poles.
New or relocated overhead lines or utility poles shall not be installed unless a utility permit is granted by the city engineer.
(Ord. No. 88.85, 1-12-89)
Sec. 25-122. Undergrounding of overhead utility lines.
(a) All new or existing utility lines, other than transmission lines, shall be placed underground in conjunction with a development/redevelopment project (other than detached, single family dwellings) that has been submitted for approval under the provision of the Tempe City Code. This requirement shall also apply to primary distribution lines and all communication lines, including underbuild on transmission poles, except for communication lines installed on transmission poles in the static neutral position. The required undergrounding shall be completed prior to approval and occupancy of the project.
(b) The (re)developer or owner of a (re)development project shall be responsible to make necessary arrangements with the affected utility companies for the installation of required underground facilities, including arrangements for the payment of any cost, as one of the conditions of plan approval. Nothing contained herein is intended to obligate a providing utility company to install such underground facilities without reimbursement except where the utility company is acting as a (re)developer.
(c) In those instances where poles to be removed include street lights, the street lights will be replaced with freestanding poles and luminaries by the (re)developer in accordance with the approved street light standards or agreements of the serving utility.
(d) The undergrounding requirement shall also apply to all situations where utility companies plan a system upgrade of power or communication line extensions that result in more conductors or wires on a pole. Individual pole mounted equipment shall not be considered an upgrade, such as transformers, switches, splice cases and capacitor banks. The cost for this undergrounding is to be borne by the affected utility company. All new electrical and communication lines requiring a right-of-way permit, other than electrical transmission lines, shall be placed underground. New communication lines, including upgraded replacement lines, will not be allowed to be underbuilt on existing utility poles except for lines installed in the static neutral position.
(e) The undergrounding requirement shall apply to all situations where a governmental agency is acting as a (re)developer or has initiated a construction effort which requires the relocation of existing overhead utility lines. Nothing contained herein is intended to obligate a providing utility company to install such underground facilities without reimbursement from the governmental agency for any costs in excess of those not already the obligation of the utility company.
(f) Where utility lines are required to be placed underground due to a combination of needs generated by (re)development, utility system upgrade, and governmental improvement projects, there shall be an equitable sharing of the cost of that undergrounding effort.
(g) The undergrounding requirement shall not apply to the normal maintenance and repair of existing utility poles and lines. Temporary overhead line installations used to facilitate construction projects, maintenance activities or emergency restoration of power and communications will be allowed subject to approval of the city engineer.
(h) The undergrounding requirements shall apply regardless of the existence of easements for overhead lines.
(i) 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 part of an underground utility system, may be maintained above ground. The city maintains the right to approve the location and appearance of all surface-mounted communication equipment.
(j) The undergrounding requirements of this article shall not apply to electrical transmission lines.
(Ord. No. 88.85, 1-12-89; Ord. No. 2000.14, 6-8-00; Ord. No. 2008.13, 4-3-08)
Sec. 25-123. Deferments of undergrounding.
(a) Deferment of undergrounding off-site lines may be requested from the city engineer for a (re)development with small frontage, where the cost is substantially more per unit length than it would otherwise be if a longer length (usually a minimum of six hundred sixty (660) feet), including the (re)development frontage, were being undergrounded at the same time. At all times, on-site lines shall be placed underground.
A request for deferment shall be requested in writing to the city engineer and include the following:
(1) The (re)developer shall procure from the appropriate utility companies a reliable estimate of the current cost for undergrounding what is required along the (re)development frontage, including new and existing lines in the adjacent off-site frontage.
(2) The (re)developer shall procure from the appropriate utility companies a reliable estimate of the current cost for undergrounding a longer, more practical length that includes the (re)development frontage (usually a minimum of six hundred sixty (660) feet).
(3) If the project involves improvements in the public right-of-way (bike paths, sidewalks, landscaping, etc.) and deferment of undergrounding will involve costs of future restoration of those improvements, the (re)developer shall furnish a reliable estimate of such future restoration costs in current dollars.
(b) In reviewing a request for deferment, the city engineer shall consider the costs of installing overhead utilities, the cost of undergrounding the utilities, and the status of development in the area affected by the request.
(c) If deferment is authorized by the city engineer, the (re)developer shall deposit with the city a sum sufficient to cover all deferred construction required herein. Monies received shall be used by the city for undergrounding utilities associated with (re)developments within the city boundaries.
(d) Utility companies may request deferment of undergrounding for power line extensions through undeveloped areas. The request with justification shall be submitted to the city engineer. No deferred compensation fees will be required for this type of deferment.
(e) If deferment is denied by the city engineer, the (re)developer or utility company may appeal the city engineer's decision to the city council.
(f) If deferment is approved by the city engineer, an interested party who is affected by the decision may appeal the decision to the city council.
(Ord. No. 88.85, 1-12-89)
Sec. 25-124. Waiver of undergrounding.
(a) The requirement for undergrounding may be waived for the following reasons:
(1) When the (re)developer or utility company can show that the costs are unreasonably disproportionate to the costs for the proposed (re)development.
(2) 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 such temporary use shall be obtained from the city. The length of the temporary use shall be specified in the permit and may not exceed twelve (12) months. An additional six (6) month permit may be issued upon a finding of necessity by the city.
(3) Poles or luminaries, but not wires or other conduits, used exclusively for street lighting.
(b) Requests for a waiver to the undergrounding requirements shall be submitted in writing to the city engineer.
(c) In reviewing a request for waiver, the city engineer shall consider the cost of installing overhead utilities, the costs of undergrounding the utilities, and the status of development in the area of the request.
(d) If a waiver is denied by the city engineer, the (re)developer may appeal the city engineer's decision to the city council.
(e) If a waiver is approved by the city engineer, an interested party who is affected by the decision may appeal the decision to the city council.
(Ord. No. 88.85, 1-12-89)
Sec. 25-125. Waiver for alternate plan.
The city council may waive portions or all of this article when a developer, utility company or governmental agency presents an alternate plan for undergrounding lines which provides greater public benefit than would be accomplished by a strict application of this article.
(Ord. No. 88.85, 1-12-89)
Sec. 25-126. Penalty for violation.
Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a class I misdemeanor. Each day of violation which is continued shall be a separate offense punishable as herein above described.
(Ord. No. 88.85, 1-12-89)
Secs. 25-127—25-130. Reserved.
ARTICLE VIII. OUTDOOR LIGHT CONTROL[4]
Sec. 25-131. Repealed.
(Ord. No. 90.02, 2-22-90 Ord. No. 2004.42, 1-20-05)
Sec. 25-132. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 97.14, 11-20-97; Ord. No. 2004.42, 1-20-05)
Sec. 25-133. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2004.42, 1-20-05)
Sec. 25-134. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 2004.42, 1-20-05)
Sec. 25-136. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 2004.42, 1-20-05)
Sec. 25-137. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 93.04, 2-11-93; Ord. No. 2004.42, 1-20-05)
Sec. 25-138. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 2004.42, 1-20-05)
Sec. 25-139. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2004.42, 1-20-05)
Sec. 25-140. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2004.42, 1-20-05)
Sec. 25-141. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2004.42, 1-20-05)
Sec. 25-142. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2004.42, 1-20-05)
Sec. 25-143. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 2004.42, 1-20-05)
Sec. 25-144. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2004.42, 1-20-05)
Sec. 25-145. Repealed.
(Ord. No. 90.02, 2-22-90; Ord. No. 2004.42, 1-20-05)
[1]Cross references— Restrictions on keeping poultry, § 6-3; Buildings and building regulations, Ch. 8; Drainage and flood control, Ch. 12; residential development tax, § 16A-40 et seq.; Mobile homes and trailer coaches, Ch. 18; trees and landscaping in public rights-of-way and parks, § 29-36 et seq.; Subdivisions, Ch. 30.
State law reference—Municipal planning, A.R.S. § 9-461 et seq.
Zoning and Development Code reference—Development review commission, Section 1-312.
[2]Editor's note—Ord. No. 2004.42 repealed the Planning and Zoning Commission from the City Code and it has been incorporated into the Zoning and Development Code. See Development Review Commission, Section 1‑312 of the Zoning and Development Code.
[4]Cross references—Advertising and signs, Ch. 3; Buildings and building regulations, Ch. 8.
Editor's note—Ord. No. 2004.42 repealed Article VIII, Outdoor Light Control from the City Code and it has been incorporated into the Zoning and Development Code. See Part 4, Chapter 8, Lighting, of the Zoning and Development Code.