Ordinance No. 96-27 s r
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CITY OF TIGARD
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-f ORDINANCE NO. o_TWv
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AN ORDINANCE AMENDING CHAPTER 18.164 OF THE TIGARD MUNICIPAL CODE '
AUTHORIZING EXCEPTIONS TO UNDERGROUNDING UTILITY REQUIREMENTS. ,EA C,6 t ! �
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w4 a WHEREAS,Section 18.164.120 of the Tigard Municipal Code requires underground utilities to ' , rr
be installed under certain circumstances;and
WHEREAS, the City Council finds that there are certain instances where exceptions to thosei .
requirements are warranted as set forth herein;
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SECTION 1: The Tigard Municipal Code Chapter 18.164, "Street and Utility Improvement "
Standards" is amended by adding sections 18.164.120(C) and (D) to read as
follows: f
18,164.12 Utilities
£ C. Exception to Undergrounding Requirement: '
The applicant shall pay a fee in lieu of undergrounding costs when
the development is proposed to take place on a street where existing
utilities which are not underground will serve the development and ss
the approval authority determines that the cost and technical k
difficulty of undergrounding the utilities outweighs the benefit of
undergrounding in conjunction with the development. The < '
determination shall be on a case-by-case basis. The most common,
but not the only,such situation is a short frontage development for uq
which undergrounding would result in the placement of additional
poles,rather than the removal of above ground utilities facilities. z t'
2. An applicant for a development which is served by utilities which
yi are not underground and which are located across a public right of
1 way from the applicant's property shall pay the fee in lieu of �4
undergrounding. -
3. Properties within tine CBD zoning district shall be exempt from the
requirements for undergrounding of utility lines and from the fee in t
lieu of undergrounding.
4. The exceptions in subsections 1 through 3 of this section shall a 1
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n only to existing utility lines. Ail new utility lines shall be placed k�
r v underground.
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3{ D. Fee in Lieu of Undergrounding, � i
r 1. The City Engineer shall establish utility service areas in the City.
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All development which occurs within a utility service area shall pay t '
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a fee in Heu of undergrounding for utilities if the development doesN'z ,` ��y 140.
s x not provide underground utilities,unless exempted by this code. As
2. The City Engineer shall establish the fee by utility service areas
which shall be determined based upon the estimated cost to
underground utilities within each service area. The total estimated ��$ �
cost for undergrounding in a service area shall be allocated on a ,
$t front foot basis to each party within the service area. The fee due
} f ircm any applicant shall be calculated based on a front foot basis.
f 3. An applicant shall receive a credit against the fee for costs incurred
-; in the undergrounding of existing overhead utilities. The City
Engineer shall determine the amount of the credit,after review of e4
cost information submitted by the applicant with the request for r. "
credit.
4. The funds collected in each service area shall be used for
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undergrounding utilities within the City at large. The City Engineer
shall prepare and maintain a list of proposed undergrounding
projects which may be funded with the fees collected by the City. Y
The list shall indicate the estimated timing and cost of each project.
The list shall be submitted to the City Council for their review and a -
approval annually.
PASSED: By mho voto of all City Cop cil members present after being read by
number and title only this ay of/ 1496.
t thenne Wheatley,City Pecorder
APPROVED this .23 day of 1996.
(
Ji oli,Mayor
APPROVED AS TO FORM:
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City Attorney// e
Date s ;
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