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Ordinance 223 Requiring all Utilities to be Constructed UndergroundORDINANCE N0, 223-71 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING C}{APTER 36 OF THE VILLAGE OF NORTH PALM BEACH CODE BY REQUIRING ALL UTILITIES TO BE CONSTRUCTED UNDERGROUND AND PROVIDING EXCEPTIONS THERETO WHEREAS, the Village Council desires to establish standards of safety from overhead utility wires and poles; to establish more efficient, adequate and economical supply of utilities and services to the land developments of the Village of North Palm Beach, and to prevent traffic hazards, increase continuity of service and in general promote the health and welfare of the citizens of the Village of North Palm Beach, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. That Section 36-2 of the Village of North Palm Beach Code is hereby amended by adding thereto Subsections (10) and ' (11) to read as follows: "(10) Electrical transmission line (69KV-- 240KV The term "electrical transmission line" (69KV--240KV) refers to a main trunk line which is a line from power plant to substation. (11) Electrical main distribution feeder line (23KV--13KV). The term "electrical main distribution feeder line "(23KV--13KV) refers to a line from substation to transformer to serve single phase lateral." Section 2. That Chapter 36 of the Village of North Palm Beach Code is hereby amended by adding thereto Section 36-40 to read as follows: "Sec. 36-40. UNDERGROUND UTILITIES--(1) When required. The provisions of this Section shall apply throughout all areas of the Village which have not yet been platted, or if now platted, which have not been developed with buildings or other structures, including any areas of the Village to be developed in the future without requesting that a plat be filed on said property. (2) Utilities, including franchised utilities, power and light, cable television, telephone and telegraph, water, sewer and gas, shall be con- structed and installed beneath the surface of the ground; provided, however, that this section is not applicable to the erection on the ground or flush to the ground of transformers, pull-boxes, service terminals, pedestal-type telephone ' terminals, telephone splice closures or other similar on-the-ground facilities normally used with and as a part of an underground distribution system; nor to main feeder electric lines the principal purpose of which is delivering power between substations or from substations to local single-phase distribution systems. It is the intent of this section, in the case of electric power, that the underground requirement is applicable to the underground residential systems set forth by the standards of the electric utillity involved, using single-phase primary laterals, secondary and services necessary to serve a subdivision. It is not the intent to include an underground requirement for trans- mission or main distribution feeder lines serving more than the immediate area. (3) The subdivider or developer shall make the necessary cost and other arrangements for such underground installation with each of the persons, firms or corporations furnishing utility services involved. (4) The Village Council may grant modifica- ' tions to any of the provisions of this section on its own initiative or upon application from the utility or developer whenever the property to be divided is of such size or shape or is affected by such topographical location or sub- surface or topographical conditions that it is impractical or economically unfeasible to con- form to the strict application of the requirements of this section. (5) The posting of a performance bond by the developer may be necessary to carry out the intent and purpose of this section. Utilities shall be constructed in assigned lanes where possible." PLACED ON FIRST READING THIS 14TH DAY OF JANUARY, 1971. PLACED ON SECOND, FINAL READING AND PASSED THIS 28TH DAY OF JANUARY, 1971. /s/ Thomas F. Lewis MAYOR ATTEST: /s/ Dolores R. Walker Village Clerk - 2 -