INSTALLING UTILITIES UNDERGROUND
Sections:
20.220.010 Purpose.
20.220.020 Definitions.
20.220.030 Applicability.
20.220.040 Exemptions.
20.220.050 Hardship waiver.
20.220.060 Compliance with standards prerequisite to issuance of building permit.
20.220.010 Purpose.
The purpose of this chapter is to protect the public health and safety
of Douglas County residents, and to maintain and enhance the aesthetic qualities
and character of urbanizing areas through the requirement of installing certain
new utilities, including electric distribution lines, telephone lines and cable
television underground. (Ord. 996, 2002; Ord. 801, 1997; Ord. 763, 1996)
20.220.020
Definitions.
The following words and phrases, when used in this chapter, are defined
as follows:
A.Cost of installing utilities underground means the cost of placing
utility service underground, as determined by a Nevada registered engineer’s
cost estimate, stamped and signed by the engineer, or by an estimate of cost
from the utility company as approved by the county engineer.
B. District or underground utility district means any special
district established by the county pursuant to NRS 704A that is specifically
formed to convert poles, overhead wires and associated overhead facilities to
underground facilities.
C. New structure means a new free standing structure that has utility
service; a structure to which additions, alterations, or repairs within any
one-year period exceed 50 percent of the building area of the existing structure;
or a building that is moved to another location or relocated on the same parcel.
The definition includes single family residences and commercial structures.
D. Normal maintenance means routine utility maintenance
and minor system upgrades that are required to meet current industry standards,
including any of the following:
1. Adding two wires to existing poles with wires to make a three phase electrical system or adding an additional phone wire to an existing overhead phone wire.
2. Replacing existing poles with poles up to ten feet taller above ground.
3. Replacing existing electrical distribution or phone wires with larger diameter wires or replacing existing metal wire with fiber-optic cable.
4. Replacing outdated equipment with new equipment.
E.
On-site, means that area within, and including, the property lines of
real property and extending to the centerline of any abutting street or road.
F. Project valuation means the following:
1. For projects requiring design review, the total valuation of
the proposed development as determined by the currently adopted valuation tables
of the building official for new structures; or
2. For divisions of land, the valuation of each parcel created,
including public and private on-site improvements, as determined by a Nevada
certified appraiser, exclusive of existing structures.
G. Utility means electricity, telephone and cable television.
H. Utility service means facilities for the provision, distribution
or transmission of electricity, telephone and cable television, including wires,
conduit, poles, supports, transformers, insulators, switches, and related or
appurtenant facilities. (Ord. 996, 2002; Ord. 801, 1997; Ord. 763, 1996; Ord.
390, 1981; Ord. 158, 1967)
20.220.030
Applicability.
A. All on-site utilities servicing a division of land created by subdivision
map or parcel map or a new structure must be installed underground, unless exempted
in section 20.220.040
B. Any new line extensions, including utility extensions and extensions
required to service a division of land created by subdivision map or parcel
map or a new structure must be installed underground, commencing from the terminus
of the existing utility service for the length of the extension or to the project
site unless exempted in section 20.220.040;
C. Any new line extensions or modifications to existing overhead facilities
requiring the placement of new utility lines must be installed underground,
unless exempted in section 20.220.040. (Ord. 996, 2002; Ord. 801, 1997; Ord.
763, 1996; Ord. 390, 1981; Ord. 158, 1967)
20.220.040
Exemptions.
The following types of facilities are exempted from the provisions of
this chapter:
A. Existing poles, overhead wires and associated utility services, and
any appurtenant structures and equipment such as surface mounted transformers,
pedestal-mounted terminal boxes and meter cabinets;
B. New or modifications to poles, overhead wires and associated utility
services that are used for the transmission of electric energy at a nominal
voltage of 33,000 volts or higher, and any appurtenant structures and equipment
such as surface mounted transformers, pedestal-mounted terminal boxes and meter
cabinets;
C. Temporary poles, overhead wires and associated utility services used
or to be used in conjunction with construction projects;
D. Temporary poles, overhead wires and associated utility services for
a temporary use when a temporary use permit has been issued and when the permit
requires removal of the temporary utility service upon completion of the temporary
use;
E. Normal maintenance and minor system upgrades performed by a public
utility doing work governed by the rules, regulations and tariffs of the public
utility commission;
F. Emergency poles, overhead wires, and utility services to be installed
and maintained for a period not to exceed ten days, with the approval of the
director;
G. Whenever an underground service district has already been formed or
is projected to be formed pursuant to NRS 704;
H. The replacement panel of an existing structure that has an existing
overhead service.
I.
Whenever an unreasonable hardship has been found and a waiver granted by the
hearing body pursuant to section 20.220.050 below. (Ord. 996, 2002; Ord.801,
1997; Ord. 763, 1996; Ord. 390, 1981; Ord. 158, 1967)
20.220.050 Hardship waiver.
A. Whenever the requirement of installing utilities underground causes
an unreasonable hardship, the owner or owners of the real property which is
subject to the approval, or the utility, may apply to the hearing body for relief
from the provisions of this chapter. The request must be in writing and contain
a detailed description of the utility services proposed to be placed underground
and for a financial hardship waiver the separate itemized cost estimates of
the project valuation and cost of the line extension above ground and underground.
B. The hearing body may grant relief after hearing the request for a waiver
if the approval is consistent with the intent and purpose of this chapter and
one of the following findings can be made:
1. The cost of installing the new underground utilities, that are
required to serve a division of land created by a subdivision map or parcel
map, or a new structure, in comparison to the cost of an above ground utilities
is disproportionate to the total cost of the project and the increased cost
due to installing the utilities underground exceeds 20 percent of the project
valuation.
2. The installation of underground utilities in rural areas, outside
of urban service areas, is impractical or unreasonable due to topographic, soil
or other conditions including the existence of overhead lines adjacent to the
project, when it is on an existing lot or it is a utility initiated line extension.
(Ord. 996, 2002; Ord. 801, 1997; Ord. 763, 1996; Ord. 390, 1981; Ord. 158, 1967)
20.220.060 Compliance with standards prerequisite to issuance of building permit.
A building permit will not be issued for any construction of a new structure
nor a permit for land development issued unless the applicant’s plans comply
with the provisions of this chapter and appropriate conditions of approval have
been required, or until the applicant has obtained a waiver of the requirements.
(Ord. 996, 2002; Ord. 801, 1997; Ord. 763, 1996; Ord. 390, 1981; Ord. 158, 1967)
