§ 32.5-7. Waiver of undergrounding.

(a)

The requirement for undergrounding may be waived by the city engineer for the following reasons:

(1)

When the developer/redeveloper or utility company can show that the costs associated with undergrounding are unreasonably disproportionate to the costs for the proposed project, and the criteria for deferment cannot be met as indicated in section 32.5-6.

(2)

When new utility poles and wires are 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. However, a building permit for such temporary use shall be obtained from the city. The length of the temporary use shall be specified in the building permit and may not exceed twelve (12) months. Additional six-month permits may be issued upon a written application by the developer/redeveloper or utility company and a finding of necessity by the city.

(3)

When poles or luminaries, but not wires or other conduits, are used exclusively for street lighting.

(b)

Requests for a waiver of the undergrounding requirement 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 affected by the request.

(d)

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

(e)

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

(f)

Appeals authorized under paragraphs (d) and (e) 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)