HomeMy WebLinkAboutD-1455-00 WITHDRAWNORDINANCE NO. n-~
AN ORDINANCE OF THE COMMON COUNCIL OF THE C
ADOPTING AND ADDING CHAPTER 9, ARTICLE 5,
TO THE CARMEL CITY CODE
WHEREAS, IC 8-1-2-101 authorizes the Carmel Common Council to
the provisions upon which a public utility occupies the areas along, under, ~
highways and other public property located within the City of Carmel, Indi;
by ordinance
and across the streets,
and
WHEREAS, immovable objects and obstructions such as uti
public ways present hazards to the public; and
poles and equipment along
WHEREAS, public safety and the general
equipment, including, but not limited to, transmission
whenever possible.
welfare require public utility
to be placed underground
NOW, THEREFORE, BE IT
Indiana, as folloxvs:
Council of the City of Carmel,
1. The above recitals are '
2. Chapter 9, Article 5, Sec~o"a
and shall be read as follows:
this reference.
adopted and aXdded to the Carmel City Code
"Sec. 9-217.
Lines.
a. The following
apply to this Article:
(i)
mean any person or entity authorized by an appropriate
; to render electric, telephone, cablevision, or similar utility
?ity of Carmel, Indiana.
(ii)
lines" shall mean any electrical, telephone or cablevision distribution or
wires and cables, and all other wires, cables and other equipment
for the transmission of electric current impulses, sounds, voices or
communications, but excluding all main feeder distribution lines and similar
non-accessory lines.
lines installed, relocated or replaced within the City's corporate limits on or after
2000, shall be located underground in properly constructed, installed and maintained
pt as follows:
(i)
The temporary above-ground location of utility lines during construction or
emergency conditions.
(ii)
The repair or maintenance of existing above-ground utility lines, unless it is
determined by the City Engineer that such above-ground location presents a
danger to public safety.
(iii)
The placement of above-ground utility lines where an underground location
would not be feasible due to soil conditions, physical obstructions or terrain.
(iv)
The at or above-grade location of transformers, service or meter pedestals and
similar accessory installations, including any above-ground utility lines
necessarily or customarily extending above-grade in an underground utility line
system.
(v)
The placement of above-ground utility lines in a specific area of land where an
exception has been obtained pursuant paragraph (c) hereof.
c. The City Engineer may make a determination of exception to the City's underground utility
line requirements, as applied to any specific area of land, when it is shown, upon sufficient
evidence, that the underground location of utility lines therein would be undesirable or
unfeasible because of soil conditions, physical obstructions, terrain and/or technology;
provided, however, that any hazards to public safety shall be considered in determining any
such exception.
d. The City Engineer's written decision granting or denying an exception request shall be
subject to the filing of an appeal, within ten (10) days from the date of such decision, with the
Board of Public Works and Safety. Upon timely appeal, the Board of Public Works and Safety
shall consider the exception request de novo.
e. The City Engineer shall mail or otherwise serve a copy of his/her decision regarding a
requested exception to each person requesting the exception and to the utility at issue.
f. All costs and expenses incurred in the placement of utility lines underground pursuant to this
Article shall be paid by the applicable utility."
3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are
hereby repealed.
4. This Ordinance shall be in full force and effect from and after the date of its adoption by the
Common Council, execution by the Mayor and such publication as is required by law.
PASSED by the Common Council of the City of Carmel, Indiana, this
2000, by a vote of __ ayes and __ nays.
day of
Ordinance No. D- 14't56
Page T~vo of Three Pages