Sec. 40.1-1. - General.

The city council hereby finds and determines that the installation of underground utilities and facilities within the city is a matter that affects the public health, safety and welfare in that the design and implementation of public improvements directly affect the activities of citizens who are utilizing the streets, roadways and other public properties of the city and the visual character of the city. There is, therefore, the necessity of providing a comprehensive system of regulation of these activities and conversions of specific areas with aboveground utilities which have been designated as "underground utilities district."

(Ord. No. 3366-85)

Sec. 40.1-2. - Definitions.

As used in this chapter, the following definitions shall apply, unless the context otherwise indicates:

(1)

Customer utility services are all those poles, towers, wires, lines, cables and appurtenant equipment located between the distribution line and wall of the building or structure occupied or intended to be occupied by a customer in the case of any service such as electricity, telephone, telegraph, cable television, traffic control, fire alarm or police communication, and all those conduits, pipes and appurtenant equipment located between the main and the wall of the building or structure occupied or intended to be occupied by a customer in the case of any service such as gas, water, steam or petroleum.

(2)

Distribution lines are all those wires, cables and appurtenant equipment located between the customer utility services and the transmission line.

(3)

Transmission lines are those high-capacity conductors (such as 115 KV and above for electrical service) and associated structures which are used to carry the service from points of generation to distribution points (such as electrical substations).

(Ord. No. 3366-85)

Sec. 40.1-3. - Customer utility services to be placed underground.

Existing aboveground customer utility services supplied by any existing aboveground facilities which are relocated, all new customer utility services, and extensions of existing customer utility services shall, after the effective date of this chapter (September 5, 1985), be installed below the surface of the ground; provided that:

(1)

Equipment such as electric distribution transformers, switchgear, meter pedestals, telephone pedestals, terminals and other similar equipment, which is normally installed aboveground in accordance with accepted utility practices for underground systems may be so installed.

(2)

Meters, service connection and similar equipment normally attached to the outside wall of the premises it serves may continue to be so installed.

(3)

Aboveground customer utility services existing as of the effective date of this chapter may be maintained or repaired as above-ground services as long as they are supplied by aboveground mains.

(4)

Temporary aboveground facilities required for construction purposes will be permitted.

(5)

All such facilities installed underground and repairs, replacement or increase in capacity thereof shall be performed in accordance with accepted standards of utility practice for underground construction.

(6)

Aboveground installation of utilities is permissible for new customer utility service to detached single-family development when service is available from adjacent aboveground facilities.

(7)

An individual scrap metal processing machine (but not including its shelter structure) that requires a business license pursuant to section 23-93(b) of the Code of the City of Newport News may be connected to an existing aboveground power source so long as such installation is located no more than one hundred (100) feet from the existing aboveground power source.

(Ord. No. 3366-85; Ord. No. 3848-89; Ord. No. 3854-89)

Sec. 40.1-4. - Distribution lines to be placed underground.

All poles, towers, wires, lines, cables, conduits, pipes, mains and appurtenances used or intended to be used to distribute any service such as electric current, telephone, telegraph, cable television, traffic control, fire alarm, police communication, gas, water, steam or petroleum, whether or not on the streets, alleys or other public places of the city, shall, after the effective date of this chapter [September 6, 1985], be installed below the surface of the ground or below the surface in the case of bridges and elevated highways if such poles, towers, wires, lines, cables, conduits pipes, mains and appurtenances are located in an underground utilities district and are to be relocated and are within an area, the length of which is the length of a block or five hundred (500) feet, whichever is the lesser; or an extension of service which would involve installation of new poles whether located in an underground utilities district or not; provided that:

(1)

Equipment such as electric distribution transformers, switch-gear, metal pedestals, telephone pedestals, terminals and other similar equipment, which is normally installed above ground in accordance with accepted utility practices for underground distribution systems may be so installed.

(2)

Aboveground facilities existing as of the effective date of this chapter may be repaired provided such repair does not involve relocation.

(3)

Temporary aboveground facilities required for construction purposes will be permitted.

(4)

All such facilities installed underground shall be performed in accordance with accepted standards of utility practice for underground construction.

(5)

Facilities may be installed above ground upon approval of city council if such facilities are being relocated as part of a road construction or similar project in which governmental units are participants.

(Ord. No. 3366-85)

Sec. 40.1-5. - Creation of Underground Utilities Districts.

The following special geographic areas to be known as "Underground Utilities Districts" are hereby designated by the city council for the purpose of converting all aboveground utilities to underground utilities in order to promote the health, safety and welfare of the public:

(1)

Downtown:

(a)

The Downtown District shall be defined as the geographic area lying within the boundaries created by 39th Street on the north; CSX right-of-way on the east; 23rd Street right-of-way on the south; and the James River on the west, excluding non-publicly-owned land zoned M-1 or M-2.

(b)

For those areas within the Downtown District which are also within the Newport Centre boundaries and under Newport Centre Sector zoning, then Zoning Ordinance Section 2629, "Utilities," also applies. For the areas within the Downtown District but outside Newport Centre Sector zoning, this chapter applies.

(2)

Rights-of-Way Districts: The following rights-of-way within the city as of the date of this chapter [August 27, 1985], and subsequent modifications to these rights-of-way as may be made by the city, shall be designated Underground Utilities Districts:

(Ord. No. 3366-85; Ord. No. 6646-09)

Sec. 40.1-6. - Relation of chapter to other laws.

The provisions contained in this chapter shall be considered separate from, supplemental to and additional to the provisions contained elsewhere in this Code or other city ordinances. Nothing contained in this chapter shall excuse any person from compliance with all other applicable provisions of this Code or other city ordinances, including those relating to requirements for underground utilities in urban design districts or redevelopment areas as designated by the city council. In the event of a conflict between any provisions of this chapter and any provisions of this Code or other city ordinances, the more restrictive provision shall control. Notwithstanding the above, nothing herein shall be construed to amend any provision of any franchise granted by the city.

(Ord. No. 3366-85)

Sec. 40.1-7. - Exemption from chapter.

(a)

An exemption from the provisions of this chapter shall apply in the following instances:

(1)

For all buildings and structures for which a building permit shall have been duly and regularly issued by the city on or before the effective date of this chapter [September 6, 1985] and for which the permit has not expired.

(2)

For all buildings, structures and alterations to buildings or structures for which a final or conditional site plan approval shall have been duly and regularly issued on or before the effective date of this chapter, and for which the site plan approval has not expired.

(3)

For any state or federal highway or bridge project for which a utility relocation agreement has been decided upon on or before the effective date of this chapter.

(b)

For a period of ninety (90) days after the effective date of this chapter, an exemption shall apply for any city project requiring utility installation or relocation or for any project requiring a right-of-way permit from the city.

(c)

Notwithstanding the foregoing provisions of this section, the provisions of this chapter shall apply prospectively to buildings, structures, alterations to buildings and structures, subdivisions of land, and city, state, federal and private highway and bridge projects after completion of such buildings, structures, alterations to buildings and structures, subdivisions of land, and city, state, federal and private highway and bridge projects.

(Ord. No. 3366-85)