§ 19.79.040. Exemptions.

The following systems are exempt from the provisions of Section 19.79.030 of this chapter:

A.

Except as provided in Section 19.79.030(B) of this chapter, this chapter does not require the burial of any existing aboveground systems, nor does it prohibit or restrict the repair, relocation, maintenance, or replacement of any existing systems.

B.

Aboveground installation of the following systems is permitted, subject to compliance with all other applicable statutes, ordinances, and regulations:

1.

New service drops and/or distribution lines where service is available from existing aboveground systems;

2.

Temporary systems required for construction projects not to exceed a period of twelve months;

3.

Street light poles, light rail overhead catenary, wireless telecommunications towers, and accessory equipment;

4.

Transmission systems installed in the two main north-south transmission corridors, as identified on the map entitled "main north-south electrical transmission corridors" on file with the planning and development services division.

C.

In cases where unusual topographical, aesthetic, or other exceptional conditions or circumstances exist such that the installation of a system would have minimal visual, health, or safety impact on the public, variations or exceptions to the requirements of this chapter may be approved by the county mayor or designee; provided, that the variations and exceptions are consistent with the purposes of this chapter.

D.

In cases where the county mayor or designee determines that insufficient funds are available to pay for the incremental costs of underground installation of a system or determines that the public benefit to be derived from underground installation is not cost effective or is otherwise not in the public interest:

1.

The county mayor or designee shall give notice to the utility or facility company that the county will not require the underground installation and will not pay the incremental costs of underground installation of the system:

a.

Within ninety days after notice is given under Section 19.79.050 of this chapter in the case of a new transmission system; and

b.

Within sixty days after notice is given under Section 19.79.050 of this chapter in the case of a new distribution system or an upgraded transmission system which would increase the height of poles from less than sixty-five feet to more than sixty-five feet above existing grade.

2.

If the county mayor or designee has not given notice to the utility or facility company regarding underground installation as provided in subsection (D)(1) of this section it shall be deemed that the county mayor has determined that insufficient funds are available to pay for the incremental costs of underground installation or has determined that the public benefit to be derived from underground installation is otherwise not in the public interest.

(Ord. 1473 (part), 2001: Ord. 1450 § 4, 1999; Ord. 1386 § 1 (part), 1997)