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25-16—25-35 (Repealed)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25-131—25-145 (Repealed)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 Repealed.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 Repealed.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 Repealed.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 Repealed.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 Repealed.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.
(1) Each building north of
(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
(4) Each building west of
(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
(2) All streets south of
(3) All streets east of
(4) All
streets west of
(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 director. These plats shall
be open to inspection of all persons during the office hours of the public
works director. Duplicate copies of such
plats shall be furnished to the engineer and building inspector by the public
works director.
(Code
1967, § 8-8.4; Ord. No. 2001.17, 7-26-01; Ord. No. 2010.02, 2-4-10)
Sec. 25-43. Duties of public works director.
It shall be the duty of the public
works director 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 director shall
determine the number of such building.
Final approval of any structure erected, repaired, altered or modified
shall be withheld by the community development director 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; Ord. No.
2010.02, 2‑4-10)
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 community
development director.
(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; Ord. No. 2010.02, 2-4-10)
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 community development 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 community development 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; Ord. No. 2010.02, 2-4-10)
Sec. 25-63. Bond or deposit.
(a) The
community development 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 director, or a cash
deposit with the finance and technology director for a sum which shall be in an
amount fixed by the public works director.
(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 director, 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 director.
(Code
1967, § 31-3; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No.
2010.01, 2‑4‑10)
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 director
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 director.
(Code
1967, § 31-4; Ord. No. 2001.17, 7-26-01; Ord. No. 2010.01, 2-4-10)
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 director
and approved by the city council for any existing main.
(Code
1967, § 31-7; Ord. No. 2001.17, 7-26-01; Ord. No. 2010.02, 2-4-10)
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; and
(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 director 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; Ord. No. 2010.02, 2-4-10)
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 finance and technology director:
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; Ord. No. 2010.02, 2-4-10)
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—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.