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HomeMy WebLinkAboutNS-5.14 ORDINANCE NO. NS-5.14' AN ORDINANCE AMENDING PART TWO, AND ~S MAY BE INCORPORATED BY REFERENCE BY PART THREE~ OF ORDINANCE .NS-5, THE SUBDIVISION ORDINANCE OF THE CITY OF S~dlATOGA, REQUIRING UNDERGROUND PUBLIC UTILITIES WHEREAS,'~his City has heretofore under the general provisions of Section 4.11 of Part Two of the Subdivision Ordinance of this City, and' unde[ its general powers ~o 'c6ntrol the design and improvement of subdivisions, established a policy in the past of requi~ing-all public utilities to be located completely underground in subdivisions of five or more lots, and also for four or less lots and single lots or parcels under the prOvisions of Section 5.1 of Part Three of said Sudivision Ordinance, and WHEREAS, this Council deems it advisable to directly establish said policy as part of the Subdivis ion Ordinance, NOW, THEREFORE, the City Council of the City of Saratoga does hereby ordain as follows: Section 1: Sub-section 4.12 is hereby added-to Section 4 of Part'Two or Ordinance NS-5, the City of Saratoga Subdivision Ordinance, to read as follows: Section 4.12: Underground Utilities. All public utility systems and seryice facilities therefore, including. without limitation all electrical and tel- ephone distribution or transmission facilities, and also all telegraph and all CATV. distribution or transmission facilities, if any, installed in and for the purpose of providing service within the subdivision, shall be located and installed under- ground and'insofar as practical shall be located in the right- of-way of public streets, with a junction box for each lot of the subdivision designed to carry the service drops under- ground'~o each serviced building orlstructure. The subdivider shall ~ake any n&cessary cost and other arrangements with each of the 'publi~a[ilft~ompanies involved for the installation of underground2facilities and for the relocation of existing overhead faci~ities on the tract, and in conformance with ~the respective operating company's rules and regulations then on file with and approved by the State of California Public Utilities Commission. Excepted from the foregoing are the following: (1) Transformers, pedestal mounted terminal boxes, meter cabinets and concealed ducts may be situated above ground if they are used solely for the purpose of pro- riding service within the subdivision and are used solely in connection with the underground transmission or distribution lines; and (2) Poles supporting electricity transmission lines, and the electricity transmission lines supported by such poles, may be situated above the surface of the ground if the voltage carried by such lines is more than 12KV and such lines are not connected to any distribution line situate within the subdivision and do not ia any way ser~e any part of the subdivision. - 1 - (3) Poles supporting street lights, and the electrical lines within said poles, may be situate above the surface of the ground,. Section 2, The second sentence of Section 3.5 of Part T~o of Ordinance NS-5 ~nfch seutence reads as fol lows: 'Insolaf as-practicable, all utility easements shall be in the rear of the lots." is hereby repealed, and in its place and stead, the following sentence is added to said Section 3.5: "Insolaf as practicable, all electrical and telephone public utility facilities shall be located in the public street rights-6~-way in the subdivision." Section 3, It is intended by the above amendment to incorporate the provisions of Section 4.12 of Part Two into Part Three of Ordinance NS-5, under and by virtue of the provisions of Section 5.1 of said Part Three of Ordinance NS-5, Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance, The City Council of the City of Saratoga hereby de- clares that it would have passed this ordinance' and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional, The above and foregoing ordinauce was introduced and ~as there- after passed and adopted at a regular meeting of the City Council of the City of Saratoga on the 5th day of October, 1966. AYES: Hartman, Burry, Tyler, Robbins NOES: None ABSENT: Glennon /s/K. P, Hartman I~YOR ATTEST;: /s/~.C. Hafiley CITY CLERK