Loading...
HomeMy WebLinkAbout1298 - ADMIN Ordinance - City Council - 1975/05/19ORIGINAL MAY 19, 1975 8A ORDINANCE NO. 1298 AN ORDINANCE'REGULATING UNDERGROUND UTILITY LINES AND -SERVICE:- AMENDING THE-"ST12 LOUIS PARK ORDINANCE CODE BY ADDING SECTIONS THE CITY COUNCIL OF ST. LOUIS PARK DOES ORDAIN: Section 1. Purpose, The City Council finds that it is in the public interest and desirable in order to promote and preserve the general welfare, to assure the orderly development of the City and to provide for the safety and convenience of its inhabitants, that all existing overhead distribution system and transmission lines of electrical and communication utilities, excluding high voltage transmission lines of 15,000 volts or more, be eliminated as soon as possible and that distribution lines and systems used in supplying of electric, communication or other similar associated services be placed, constructed and installed underground. Sec. 2. The St. Louis Park Ordinance Code is amended by adding the following: Sec. 5:601. Utility Lines Defined. "Utility Lines" shall include, but not be limited to electric, communications, street lighting and cable television i distribution lines, circuits and systems. Appurtenances and associated • ' equipment such as, but not limited to surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system are not included in utility lines. High voltage transmission lines of 15,000 volts or more are not included. Sec. 5:603. Underground Utility Lines Required. In addition to any other requirements of this code, the following shall be applicable to the installation of utility lines, excluding high voltage circuits and transmission lines of 15,001)volts or more. Subd. 1. New Installation. Every permament extension of any utility lines, and any service lateral providing permanent utility services shall be installed underground when for: a. New installations of buildings, signs, street lights and other such structures, where the service lateral is street fed; 6. Any new subdivision; c. Any new development or industrial, park containing new commercial or industrial buildings. Subd. 2. Replacement in Improvement Projects. Any permanent replacement, relocation, reconstruction, upgrading or new construction of more than 400 yards of any utility line, including any service lateral, shall be installed underground when for or made in connection with street paving, strut widening, public utility installation and other such improvements. The requirement may be waived by the City Council where it is not technically or economically feasible. Subd, 3, Conversion of Existing Lines, All overhead utility lines, located on the public street or highway rights-of-way Of the City shall be placed underground by the year 2000. An intermediate goal of 30 percent of undergrounding of such overhead utility line: existing at the time of passage of this ordinance shall be set tor the year 1986 and 60 percent for the year 1991 and administered as follows: a. All utilities operating within the City shall submit to the Director of Public Works upon request current records and plats of their existing primary system overhead and underground facilities. b. Within one year of the passage of this ordinance all utilities shall submit to the Director of Public Works, a schedule for meeting the goals of this ordinance, indicating the approximate mileagecf overhead utility to be removed each year, and at the end of each year, the Director of Public Works shall review with the utilities the progress made. c. Wherever possible, conversion of existing overhead utility lines shall be initiated with priority being given to those areas or projects contained in the City's Capital Improvement Program and to commercial and highly traveled streets, Subd. 4. Ornamental Street Lights. All new street lighting systems designated by the City Council to replace existing street lighting utilizing overhead wires shall be of ornamental style utilizing decorative poles and underground wiring. Where a new development, whether residential, commercial, or industrial is established incorporating a street lighting system, that lighting system shall also be of an ornamental style utilizing, -decorative poles and underground wiring authorized by the Director of Public Works. The electrical service for the ornamental system shall be supplied to the underground as authorized by the Director of Public Works. Subd. 5. Additions to Underground _Lines. Wherever any part or portion of the utility lines of any utility in an area or district of the City is now located underground, such part or portion shall remain underground and any replacement, relocation, reconstruction, repair and extension thereof shall be installed underground. Subd, 6, High Voltage Lines, All high voltage circuits and transmission Tines of 15,000 voltsar more which are excluded from the requirements of this underground ordinance, construction of which is commenced after the passage of this ordinance, shall not be placed on creosote treated wood poles or lattice towers to the extent technically and economically feasible, but rather two -legged or single pole structures of metal or wood. -2- Subd. 7. Waiver The foregoing requirements of Subd 1, Subd. 2, and Subd. 3, may he waived by the City Council if any of the following are applicable: a. The placing of utilities underground would not be compatible with the development planned; b, Unusual topography, soil, or other physical conditions make underground installation unfeasible from an engineering or cost viewpoint; c. The placing of utilities underground wuuld not be compatible with the long-range plans and timetable of the utility's underyroundiny program. Subd. 8. Existing Poles, Wires Nothing in this ordinance shall be construed as prohibiting necessary repairs to any poles or wires properly in use within the City limits seer _ 5:605. Location of Underground Utilities._ The location of all under- Tound utility lines shall be approved by the Director of Public Works. All ex%.avations for the purpose of placing facilities underground shall be made in accordance with the ordinance code Subd, 1 The top of all duct and cable system structures shall be located at a sufficient depth to protect the system from injury in accordance with the National Electric Safety Code. Subd. 2. All utilities shall keep current records and plats on all underground facilities they own or operate Such plats are to be available to all utilities and the City upon request. Subd. 3. in the repair, addition or chanye of any underground facilities, no person or company shall be permitted to interfere with the underground facilities of any other person or company, except so fa,r as shall be necessary to make such repairs, additions or changes, Conditions requiring emergency street openings and for repair shall be subject to the provisiorb of the ordinance code Subd. 4. All companies laying underground facilities under the provisions of this section shall begin such work at a time fixed by the City and greater progress may be ordered by the City if work does not proceed in a satisfactory manner r Sec. 5:607. Rewiring by Utilities Customers, Subd. 1. Whenever Sec. 5:603 requires an utility to replace overhead facilities with underground facilities, all customers of the utility receiving service from the overhead lines to be reproved must take appropriate action to rewire their existing service to accept underyrourrd lines. • ; Subd. 2. The utility shall notify its affected customers at least 60 days prior to the proposed starting date of construction that the utility is required by this ordinance to replace overhead facilities supplying service to the building; that on or about a certain date such overhead facilities will be removed. If the person desires to continue receiving service, he must execute the utility's applicable underground agreement form when requested and convert or adapt the facilities at his expense to accept the new underground service. Sec. 5:609. Removal of Overhead Lines. After any particular segment of a utility's facilities are installed underground, the City shall determine the date by which the overhead facilities being replaced thereby shall be removed by the utility. Said date of removal shall be within six months after the utility completes the installation of its replacement underground facilities or such earlier dates as the City determines is a reasonable period of time for the customer to convert or adapt his facilities to accept the new underground service. Sec. 5:611. Temporary Overhead Installations. The Director of Public Works may grant special permission on such terms as may be deemed appropriate, in cases of emergency or other unusual circumstances, without discrimination as to any person or utility, to temporarily erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures for periods up to nine months. • 1 Sec. 5:613. Exceptions. Upon a showing of unusual circumstances of a permanent nature which cause extreme hardship, following a public hearing, the City Council may grant special permission to a person or utility to erect, construct, install, maintain, use or operate poles, overhead wires and associated structures within the City. Sec. 5:615. Authorized Service Representatives. Those employees designated or authorized by any utility to enter any tx 1 ding, areaway, or other private place, for the purpose of placing, extending, or repring any wires, cables, conduits, or other fixtures pertaining to the underground 5r,rvice, shall be furnished appropriate ro riate identification which shall be displayed'non request. No"Terson except those designated shall seek to enter any priva , place under pretense of being employed on such service and no authorized sery .emen shall in anywty, alter, remove or interfere with the wires, cables, conduits r fixtures of an,\ person or company other than that in whose employ he may be,1$ thout proper authority from the owners or agents thereof. Sec. 5:617. Connection with Side Line of Street. Any personpntrolling underground utility lines may connect the same with the side line of -the street by using such space under the street and sidewalk from the space heretofore granted, as may be necessary. Sec. 5:619. Sides of Buildings. Any person or utility using or operating service wires in any manner other than by the use of poles or brackets, may carry the same up the side or front of any building, provided that such wires or their • supports shall not extend over 6 inches into any street, alley, or public place, and provided that no wires or support shall cross the front of any window or opening in the building. -4- 4 • •i Sec. 5:621, Liability and Claims All persons providing electrical distribution and communications services under this ordinance shall at all times save the City harmless from all damages arising from all accidents, injuries and damages that may be caused to any person, or property by installation or use of such underground wire, conduit or cables, and on 10 days' notice from the City shall appear and defend all suits against said City as a result of any such accident, injury or damage. Sec. 3. Penalty Any person violating any of the provisions of this code shall be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $300 00 or by imprisonment for not more than 90 days or both. Sec 4 Effective Date. This ordinance shall take effect fifteen atter p its ublication Adopted by the City Council Attst: �, y.� / - Ar ty Clerk Rev ie ministration: ger Approred as to form •. nd legality: City ttorney -5- (4- k. el O j TO: FROM: City Attorney's Office MEMORANDUM Beverly Flanagan, Carlton Moore RE: Effectiveness of Ordinance No. 1298 Regulating Underground Utility Lines and ervice DATE: April 26,'1985 NSP has informed the City of St. Louis Park that it wishes to discontinue its program of burying existing electric lines on a gradual basis. NSP asked that it only bury electric lines in cases of street construction or new construction. NSP referred to its ability to end its program based upon Ordinance No. 1298, Section 5:603, subd. 7(c). This ordinance was passed on May 19, 1975. The City codification process occurred in August, 1976. The regulations listed in #1298 were not carried through into the new code. The question arose as to whether the terms of Ordinance No. 1298 were effective. According to the ordinance approving the recodification, Ordinance No. 1343, Section 13, any ordinances passed after Ordinance No. 1257 which would add or amend the St. Louis Park Ordinance Code, would be deemed to be incorporated in the new code. Therefore, Ordinance No. 1298 can be considered an effective measure and can be referenced. NEH/jf 5838f s.