The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:

New additions or subdivisions means those additions or subdivisions to the City for which preliminary plats have not been approved by the Planning Commission prior to February 8, 1966, and which are restricted to residential uses in lots of not more than two acres in size. Even though a preliminary plat had been filed prior to February 8, 1966, any part thereof on which a final plat had not been filed within two years of that date, shall be considered a new addition or subdivision.

Utility means any person furnishing gas, sewer, water, electric, communication or television signal services.

Utility easements means those parcels, strips, areas or other portions of land available for the installation, maintenance, repair and operation of utility facilities.

Utility facilities means all equipment and appurtenances located above or below ground in streets, alleys, utility easements, rights-of-way, properties and ways of the City used or useful in supplying gas, sewer, water, electric, communication or television signal services, and includes:

1. Distribution lines means conductors and equipment, above or below ground, operating at less than 15,000 volts for the purposes of delivering electricity to customers.
2. Feeder lines means above ground supporting structures, conductors and equipment operating from 2,400 to 15,000 volts for the purpose of feeding power from substations to load area distribution lines, separated by one-half mile or more except in substation approaches.
3. Substation means an above ground structure with transformers, regulators and switching equipment for the purpose of interconnecting transmission, feeder and distribution lines.
4. Switching station means similar to substation, except without transformers, for the purpose of interconnecting more than two lines of the same type and voltage.
5. Transmission lines means above ground supporting structures, conductors and equipment operating at more than 15,000 volts for the purpose of transmitting electric power from generating plants to switching stations and substations.

(Code 1976, § 22-201; Ord. No. O-1833)

The Planning Commission shall not approve any plat for a new addition or subdivision, or any amendment thereto, unless that plat shall dedicate utility easements as set forth in Engineering Design criteria for each lot in that addition or subdivision.

(Code 1976, § 22-202; Ord. No. O-1833)

Nothing contained in this article shall be construed or operate to prohibit any utility company or other entity furnishing utility service from charging, collecting and receiving as a condition precedent to the installation of service facilities any charge, fee, prepayment, or contribution in aid of construction which may be required or authorized by any order, rule, regulation or rate schedule promulgated or approved by the Corporation Commission of the State or other regulatory agency having jurisdiction.

(Code 1976, § 22-203; Ord. No. O-1833)

1. No construction or installation of the following named utility structures shall commence without the Planning Commission and the City Council having first approved the location of the structure:
   1. Electric substations;
   2. Electric switching stations;
   3. Natural gas line terminals, pressure reducing stations, regulating, odorizing, or metering stations;
   4. Telephone exchange buildings.
2. Prior to the issuance of a building permit and at the time of approval of the location, a plot plan shall be submitted showing:
   1. The outline of the structure;
   2. The height thereof;
   3. The type of construction;
   4. The setback of the structure from property lines; and
   5. The nature and character of the surrounding property.
3. Prior to the issuance of a building permit, and as a condition thereof, the screening of such structures with those materials which will cause the installation to blend most favorably with the surrounding property shall be required.

(Code 1976, § 22-204; Ord. No. O-1833; Ord. No. O-1854)

1. The City Council shall adopt and prescribe rules and regulations pertaining to the installation of all utility facilities in dedicated utility easements, such rules and regulations to be consistent with any franchise or grant, contractual or statutory, of either the City or the State.
2. Should any conflict arise between the provisions of this article and the rules and regulations, rate schedules or orders of the Corporation Commission of the State or other pertinent regulatory agency, the latter shall prevail so long as they do not infringe upon the police regulatory powers of the City.

(Code 1976, § 22-205; Ord. No. O-1833)

1. All new utility facilities to be constructed within all new additions or subdivisions shall, to the extent practicable and feasible, be placed underground within dedicated utility easements so as to promote and preserve the health, peace, safety, and general welfare of the public and to ensure the orderly development of all such new additions and subdivisions.
2. Any plat for a new addition or subdivision, or any amendment thereto, shall not be approved unless that plat provides that all new utility facilities shall, to the extent practicable and feasible, be placed underground.
3. The provisions of subsections (a) and (b) of this section shall not apply to above ground utility facilities within any addition or subdivision platted or on which a preliminary plat had been approved, or which existed prior to February 8, 1966, nor shall it apply to the maintenance, repair or replacement of such existing above ground utility facilities.
4. The provisions of subsections (a) and (b) of this section shall not apply to:
   1. Poles used exclusively for police or fire alarm boxes, traffic-control facilities, or any similar City equipment installed under the supervision and to the satisfaction of the City Manager or his designated representative.
   2. Thoroughfare street lighting systems on arterial streets or highways designated by the City, and lighting units comprised of poles, standards, luminaries and appurtenant equipment for other street lighting systems and for area lighting. However, prior to the installation of any such street lighting system the plans therefore, describing the materials, structural characteristics and other details shall be submitted to the Public Works Director, who shall thereafter submit the same, with his recommendations, to the City Council for its approval.
   3. Radio antennas and associated equipment, including supporting structures. (This exception specifically does not include facilities extending to and from such equipment.)
   4. Temporary utility facilities used for supplying services to new construction, or for maintaining services during periods of restoration or replacement.
   5. Electric transmission lines, feeder lines, substations and switching stations. However, the plans and routing of all feeder lines, except those to be installed on section lines or half section lines and which do not pierce any existing subdivision, shall be submitted to the Public Works Director, who shall thereafter submit the same, with his recommendations, to the City Council for its approval.
   6. Electric service terminals in pedestals; enclosed pad mounted distribution transformers; riser facilities for connecting distribution lines to feeder lines.
   7. Gas systems field line terminals, pressure reducing, regulating, odorizing and/or metering stations housed in surface masonry structures; serving meters and regulators 1 1/2 maximum size and eight ounces maximum pressure where located in the rear of the properties served.
   8. Service equipment and connections mounted against walls of buildings being served, including gas risers, electric risers and meters, and communications or television risers and terminals.
5. The City Council may approve additional exceptions to those set forth in subsection (d) of this section. However, in hearing and determining applications for exceptions, the City Council must be presented supporting evidence that one or more of the following conditions exist:
   1. There is no value in underground utility installations for the purposes of esthetics or consistency because of the presence of existing overhead utility facilities in a substantial portion of the area within or surrounding the new addition or subdivision.
   2. Underground construction would not be practicable or feasible due to the nature of the services to be rendered or required, the soil or rock formations in the area, unusual rodent or animal infestation, the presence of existing impeding underground drainage ditches, open storm sewers and impediments of like nature, or because of some other unusual circumstances.
   3. The cost of the installation will be unduly burdensome or confiscatory when compared with the revenue which could reasonably be anticipated therefrom.
6. It shall be the responsibility of the utility company to restore the grounds, soil, and ground cover to their condition existing prior to the installation of underground utilities.

(Code 1976, § 22-206; Ord. No. O-1833; Ord. No. O-8485-15)

1. Any person who erects, constructs, places, keeps, maintains, continues, employs, or operates any utility facilities in violation of the provisions of this article shall be subject to those penalties, as provided in NCC 36-569.
2. Any violation of the provisions of this article shall be public nuisances and may be abated or enjoined by proper restraining or injunctive action in a court of competent jurisdiction.

(Code 1976, § 22-207; Ord. No. O-1833)