§ 32.5-6. Deferments of undergrounding.

(a)

Deferment of undergrounding off-site utility lines may be requested from the city engineer for a development/redevelopment project 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 development/redevelopment frontage, were being undergrounded at the same time. At all times, on-site lines shall be placed underground. A request for deferment shall be submitted in writing to the city engineer and shall include the following:

(1)

The developer/redeveloper shall obtain from the appropriate utility companies a reliable estimate of the current cost for undergrounding that is required along the development/redevelopment frontage, including new and existing lines in the adjacent offsite frontage.

(2)

The developer/redeveloper shall obtain from the appropriate utility companies a reliable estimate of the current cost for undergrounding a longer, more practical length that includes the development/redevelopment frontage (usually a minimum of six hundred sixty (660) feet).

(3)

If the project involves improvements in the public right-of-way (sidewalks, landscaping, etc.), and deferment of undergrounding will involve costs of future restoration of those improvements, the developer/redeveloper 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 cost 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 developer/redeveloper shall deposit with the city an in-lieu fee in an amount sufficient to cover all deferred undergrounding and other improvement restoration that would otherwise be required by this chapter. Such in-lieu fee shall be paid as a condition of development plan approval. Moneys received shall be used by the city for undergrounding utilities on and adjacent to the developer/redeveloper's project. Should undergrounding not be started within ten (10) years of approval of the deferment, all moneys deposited by the developer/redeveloper will be returned.

(d)

Utility companies may request deferment of undergrounding for utility line extensions through undeveloped areas. The request, with justification, shall be submitted in writing to the city engineer. No moneys will be required for this type of deferment, if deferment is granted by the city engineer.

(e)

If deferment is denied by the city engineer, the developer/redeveloper or utility company may appeal the city engineer's decision to the city council.

(f)

If deferment is approved by the city engineer, any interested party who is affected by the decision may appeal the decision to the city council.

(g)

Appeals authorized under paragraph (a) and (f) above must be submitted in writing to the city clerk within thirty (30) calendar days following the city engineer's decision.

(Ord. No. 1629, § 1, 12-12-89)