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HomeMy WebLinkAboutORDINANCE 10-24ORDINANCE NO. 10-24 AN ORDINANCE ADDING CHAPTER 12.40 TO THE ESTES PARK MUNICIPAL CODE REGARDING RELOCATION UNDERGROUND OF OVERHEAD ELECTRICITY AND COMMUNICATIONS FACILITIES WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend certain sections of the Estes Park Municipal Code of the Town of Estes Park, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Chapter 12.40 is hereby added to the Estes Park Municipal Code as set forth on Exhibit A. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this o?51uday of AUL^€ 2024. TOWN OF ESTES PARK, COLORADO » By: - "~---—-.,. • ^'\ •'. • Mayor ATTEST: e , ~^ ^^-^r-t—*- <>—<-^>^» "P <~>r ffl--"—te^—'V. Tp\?\?n Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the ol5 day of ^o^G. 2024 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the 30 day of^TuM^ 2024, all as required by the Statutes of the State of Colorado. APPROVED AS TO FORM: Town Attorney EXHIBIT A III. RELOCATION UNDERGROUND OF OVERHEAD ELECTRICITY AND COMMUNICATIONS FACILITIES 12.40.010. - Findings. The Board of Trustees of the Town ofEstes Park finds: A. That relocation underground of overhead Facilities used for distribution of electricity and transmission or distribution of communications, hereinafter referred to as "overhead facilities," improves the aesthetics of a community by keeping unsightly poles, lines and related above-ground appurtenances out of the view of the public; and B. That relocation underground of overhead Facilities generally provides better protection from damage due to accidents with vehicles, inclement weather, fires, and other causes; this includes cars and trucks hitting poles or pedestals, snagging of overhead Facilities by high-profile vehicles, knocking down of overhead Facilities due to high winds or heavy snows, forest and grass fires caused by downed above ground Electrical Utility Lines, and reduction of service outages; and C. That relocation underground of overhead Facilities better protects the health, safety, and public welfare of the citizenry ofEstes Park because of less likelihood of involvement of overhead Facilities in vehicular mishaps, and improvement of visibility along public rights-of-way, which improves the operational safety of roads; and D. That relocation underground of overhead Facilities better protects the safety, health, and public welfare of the citizenry by making them less vulnerable to damage from adjacent property maintenance by the citizenry; and E. That Owners or Operators of overhead Facilities may realize a savings by using a common trench when relocating them underground; and F. That relocation of overhead Facilities underground into a common trench will prevent degradation to the public right-of-way that would otherwise be caused by multiple street cuts; and G. That relocation underground of overhead facilities will facilitate implementation of the following goals of the Estes Forward Comprehensive Plan: 1. Goal NE1: Maintain Estes Valley's scenic character and viewsheds into and within the Valley and Rocky Mountain National Park; 2. Goal BE2: Promote protection of the environment by ensuring that development is in harmony with its setting and provides equal and meaningful opportunity to participate in the decision-making process to achieve a healthy environment; 3. Recommended Action I.l.C: Continue maintenance, reconstruction, and burial of overhead power lines to reduce wildfire risk; and H. Pursuant to the Town's mission to provide high-quality, reliable services while being good stewards of our resources and natural setting, the Power and Communications Division will relocate underground existing overhead facilities to increase operational efficiency, public safety or as funded by outside entities to improve the natural setting; and I. Colorado Revised Statutes § 31-15-103 and the common law of the State of Colorado grant the Town the power to require relocation of overhead Facilities when the Town relocates an Electric Utility Line; and J. That after the date given by the Town in a notice to relocate underground, unless acting pursuant to a specific exception or a written grant of variance in accordance with this Chapter, it shall constihite a Nuisance for an Owner or Operator to attach, affix, place, install, use, operate or maintain a Facility within the Street area identified in the notice; and K. That this Chapter is reasonably necessary to protect, enhance and preserve the public health, safety, and welfare of the people of the Town. 12.40.020. - Definitions. Whenever the following words or terms are used in this chapter, they shall have the meanings herein ascribed to them: Board of Trustees means the Board of Trustees of the Town ofEstes Park or its designee. Code means the Municipal Code of the Town ofEstes Park. Electric Utility Line means electric distribution utility wires, cables and other equipment for the distribution of electrical current impulses below 69 kV, which are owned by the Town. Facility means all wires, cables, poles or other equipment for the transmission or distribution of electrical current impulses, advanced services, cable television, broadband, or other telecommunications services, other than an Electric Utility Line, within a Street. Nuisance means any state of things prohibited by the provisions of this Code or by state statute as a nuisance, or anything offensive or obnoxious to the health and welfare of the inhabitants of the city, or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect to a neighborhood or to the community. Operator means the person who is in charge of any operation, business or profession. Owner means any person, firm, corporation, association, partnership, or any other form of association or organization, which has an ownership or leasehold interest in a Facility. Street means the surface of and the space above any alley, avenue, boulevard, circle, court, drive, lane, place, road, street, way, sidewalk, easement or right-of-way in the Town for public travel or the location of wires, cables, poles or other equipment for the transmission or distribution of electrical current impulses, advanced services, cable television, broadband, or other telecommunications services. Town means the Town of Estes Park. 12.40.030. - Facility relocation. On expiration of the date given in a notice under Section 12.40.050 to relocate underground, it shall be unlawful for any Owner or Operator to attach, affix, place, install, use, operate or maintain a Facility within the Street area identified in the notice, unless pursuant to a specific exception under Section 12.40.050 below, or a written grant of variance in accordance with Section 12.40.070. Each day a violation continues shall constitute a separate offense. 12.40.040. - Exceptions to relocation requirements. If otherwise in conformance with the intent of this chapter and all applicable provisions of the zoning, development procedures, subdivision regulations. Power and Communications rules and regulations, and other provisions of the Code, the following shall constitute exceptions to the requirements of the foregoing section: A. A Facility designed for transmission or distribution of electric energy at voltages equal to or in excess of 69kV. B. Transformers, pull boxes, service terminals, meters, pedestal terminals, ducts, splice closures, apparatus cabinets, substations, conduit, and other similar equipment necessary for the transmission or distribution of electrical current impulses, advanced services, cable television, broadband, or other telecommunications services, which are not attached to an overhead pole. C. Temporary wires and cables or other equipment for the transmission or distribution of electrical current impulses, advanced services, cable television, broadband, or other telecommunications services required for construction purposes. D. A Facility for which the Owner or Operator has given a binding, written commitment, approved by the Utilities Director in consultation with the Town Attorney, Public Works Director and Community Development Director, to relocate underground, remove or reroute, in conformance with the intent of this Chapter and all applicable provisions of the zoning, development procedures, subdivision regulations. Power and Communication rules and regulations, and other provisions of the Code, within two years from the date given in the notice under Section 12.40.50. 12.40.050. - Notice to Owner or Operator. Where the Town decides to relocate underground an Electric Utility Line within a Street, the Town shall give a minimum of 120 days' advance notice of the Street area and date by which each Owner or Operator of a Facility must relocate its Facility underground. 12.40.060. - Cooperation with other Owner or Operator. After giving notice under Section 12.40.050, the Town shall attempt to work with the Owners and Operators of Facilities located on the above-ground poles so that all may relocate underground in a common trench. The Town will pay for excavation and backfill of the common trench if, within 60 days of mailing of the notice under Section 12.40.050, the Owner or Operator makes a written commitment, approved by the Utilities Director in consultation with the Town Attorney, to relocate its Facility in a common trench in a manner that will not delay the relocation of the Town's Electric Utility Line. 12.40.070. - Variance—Opportunity for hearing. A. An Owner or Operator may request a variance from the strict application of this Chapter and have a hearing before the Town Administrator or the Administrator's designee. All requests must be in writing and filed with the Town Administrator within 60 days of mailing by the Town of the notice required under Section 12.40.050. The request must contain the name and address of the Owner or Operator, and specify the nature of and reasons for the request. The Town Administrator or designee shall then hold a hearing within 14 days of receipt of the written request, at which the Owner or Operator and the Town may present testimony and evidence. A record of the hearing shall be made by either an audio recording, video, or written transcript. B. The Town Administrator or designee shall have authority to grant a variance from the strict application of this Chapter on terms and conditions the Town Administrator deems sufficient to preserve its intent, but only upon making the following affirmative findings: 1. The request will not negatively impact the health, safety or welfare of the residents of the Town; and 2. One of the following: a. Technological infeasibility or unreasonable technical difficulty in relocation underground of the requester's Facility; or b. Potential for significant land development adjacent to the subject Street area justifies not relocating underground the Facility until development occurs. C. The Town Administrator or designee shall notify the Owner or Operator of their decision, in writing, within ten days of the hearing. Review of the decision of the Town Administrator or designee shall be pursuant to Rule 106(a)(4), Colorado Rules of Civil Procedure. Any party aggrieved by the decision may initiate review pursuant to Rule 106(a)(4). 12.40.080. - Town to pay for relocation of its Electric Utility Lines and Facilities. The Town will pay for the relocation of Electric Utility Lines and other Facilities which it owns. Except as otherwise provided, this Chapter shall not require the Town to pay for relocation underground of a Facility of an Owner or Operator. 12.14.090. - Violation—Penalty. A. Any owner found in violation of this section shall be subject to an administrative fine of up to $2,650.00 per day, as assessed by and in the reasonable discretion of the Utilities Director, for each day in which the overhead electric distribution lines or overhead telecommunications lines or telecommunications facilities remain in place. B. Violation of any provision of this chapter is also subject to the general penalty of the Town, under chapter 1.20. C. After the date given in a notice under Section 12.40.050 to relocate underground, it is a Nuisance for an Owner or Operator to attach, affix, place, install, use, operate or maintain a Facility within the Street area identified in the notice, unless acting under a specific exception in Section 12.40.040, or a written grant of variance under Section 12.40.070. Any court of competent jurisdiction shall, upon complaint of the Town, enjoin or abate the Nuisance. D. In addition to the penalties in this Section, the Town may seek any appropriate remedy for damages or equitable relief to secure compliance with this Chapter and to preserve the Town's interest in public property. E. The remedies in this section, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.