13.32A.120 Deferral of underground utility facilities.
A. The city engineer may grant a deferral for some or all of the undergrounding of utility facilities otherwise required pursuant to this chapter following the procedures identified in ACC 12.64A.050, Deferral and fee in lieu of improvements. The city engineer’s decision regarding such a deferral will be based on meeting the following criteria rather than those listed in ACC 12.64A.050:
1. There is a pending city six-year TIP project or an adjacent developer planned project which would affect the proposed area of undergrounding of the existing aerial facilities; or
2. A franchisee is expanding its existing aerial system as a secondary tenant on an existing aerial system for the purpose of serving a new private development where the undergrounding of the expansion will not eliminate the existing aerial system; or
3. All of the following conditions are met:
a. There are other properties abutting or across the street from the subject property that have aerial utility facilities; and
b. The establishment or continuation of aerial utility facilities for the period of the deferral will not adversely affect or delay other properties that may have to provide or convert to undergrounding utility improvements within the public way; and
c. There are technological difficulties associated with converting to or providing undergrounding utility improvements for the subject property as demonstrated to the satisfaction of the city engineer; or
4. The city engineer determines that undergrounding of the portion of the existing aerial facilities along the development’s street frontage would require undergrounding portions of the aerial facilities extending beyond the development’s street frontage unless an additional extension of no more than 50 feet of the underground system is needed on either end of the street frontage to connect to logical points of the existing utility system.
B. An applicant whose request has been denied may appeal the denial following the procedure as identified in ACC 12.64A.060, Appeal and enforcement. (Ord. 6797 § 3 (Exh. C), 2020; Ord. 6520 § 2, 2014; Ord. 6238 § 2, 2009.)