02-10081 Subdivision Regulation(Published in the Salina Journal on Mayo 2002)
ORDINANCE NUMBER 02-10081
AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE SALINA CODE
OF CHAPTER 36 SUBDIVISION REGULATIONS, SECTION 36-78 PERTAINING TO
UTILITIES.
read as follows:
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 36-78 of Chapter 36 of the Salina Code is hereby amended to
"Sec. 36-78. Utilities.
(a) All new utility lines, including but not limited to natural gas, electrical
power, telephone lines and cable TV cables shall be placed underground
within designated easements in all residential subdivisions within the City
of Salina that are approved after the effective date of this provision. The
subdivider, developer or owner of the property being platted shall make the
necessary arrangements with the utility provider for the installation of
underground utilities. No building permit for a principal structure shall be
issued in a subdivision where underground utilities are required until the
utility companies involved have provided confirmation to the Building
Official that the necessary utility lines for that property have been installed
or that they have commenced installation of the utility lines.
The provisions of this Section shall not apply to any of the following:
(1) Poles used exclusively for street or area lighting or traffic control signals.
(2) Radio, television, and wireless communication towers and antennas.
(3) Existing poles, overhead wires, and associated overhead structures, when
part of a continuous line, or services to individual properties from existing
overhead lines that are within a subdivision previously approved in
conformance with these Regulations. Nothing in this Section will prevent
the replacement of existing poles, overhead wires, and associated overhead
structures on lines when necessary for the purpose of maintaining the line
or upgrading the capacity.
(4) Subdivisions located within the Urban Service Area but outside the city
limits.
(5) New subdivisions or replats of existing subdivisions that are less than ten
(10) acres in size and are located in developed areas which presently have
an overhead type of distribution system.
(6) Electric distribution or transmission lines with capacities of three thousand
(3,000) KVA or more.
(7) Transformers, transformer pads, telephone service pedestals or other
above -ground facilities normally used with and as a part of an underground
distribution system.
(8) Existing poles, overhead wires, and associated overhead structures, when
part of a continuous line, or services to individual properties from such
existing overhead lines that are within a subdivision previously approved
in accordance with existing regulations.
(9) Existing poles, overhead wires, and associated overhead structures, when
part of a continuous line, or services to individual properties from such
existing overhead lines that serve properties adjacent to but not within
areas being subdivided.
(10) Existing overhead lines attached to the exterior surface of a building by
means of a bracket or other fixture and extending from one (1) location on
the building to another location on the same building, or to an adjacent
building without crossing a property line.
(11) Any communication line, which would otherwise be required by this
Section to be underground that uses an overhead pole or structure
exempted by this Section.
(12) Underground installation of wiring or electrical power, telephone and cable
television shall not be required in flood plain areas, drainage easements,
major drainage ways or other areas where there is frequently standing
water.
The subdivider may request a waiver from the requirements of Section 36-78(a) if
physical conditions of the land, or economic conditions associated with the nature
of the subdivision in question make underground installation infeasible. Such
request shall be accompanied by a report from the responsible utility provider
stating the per linear foot cost differential between the average cost of installation
of underground utilities and the estimated cost for the subject subdivision. The
Planning Commission shall review the request and make a recommendation to the
governing body as to whether the request shall be approved or denied.
(b) Easements centered on rear or side lot lines shall be provided where
necessary for utilities (private and municipal), and such easements shall be at least
twenty (20) feet wide. Coordination shall be required between the subdivider and
the applicable utility companies for the establishment of necessary utility
easements on adjoining properties outside the boundaries of the proposed
subdivision."
Section 2. That the existing Section 36-78 of Chapter 36 of the Salina Code is hereby
repealed.
Section 3. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper
Introduced: May 13, 2002
Passed: May 20, 2002
{SEAL)
stin M. Seaton, or
ATTEST:
i R. Weber, Deputy City Clerk