The URL can be used to link to this page

Home My WebLink AboutOrdinance 4169 . ORDINANCE NO. 416 9 AN ORDINANCE AMENDING SECTION 166. 13, UNDERGROUND UTILITY WIRES, OF THE CODE OF FAYETTEVILLE, TO PROVIDE FOR CERTAIN EXEMPTIONS FROM THE REQUIREMENT THAT UTILITIES BE PLACED UNDERGROUND IN NEW RESIDENTIAL DEVELOPMENTS REQUIRING PLANNING COMMISSION APPROVAL AND IN NEW COMMERCIAL DEVELOPMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That § 166. 13, Underground Utility Wires, Subsection B., of the Code of Fayetteville, is hereby deleted and the following shall be inserted in its stead: § 166. 13 UNDERGROUND UTILITY WIRES. B. Exemptions. The following shall be exempt from the requirements of this section. 1 . Overhead wires, supporting structures, and associated structures of a temporary nature which provide temporary service. A permit obtained from the City Planner for said temporary service, addressing the nature and duration of said service, shall be required. 2. Existing lines of 12 Kv and above. 3 . A single power pole near the exterior boundary of a development shall be allowed to provide connections for underground service. AND APPROVED this 15'h day of .Tune , 1999. APPROVED: , • i 4,a . ✓ �" BY: red Hanna Ma or Y ATTEST: By: Heather Woodruff, City erk t FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin From: Heather Woodruff, City Clerk Date: June 22, 1999 Attached is a copy of the ordinance amending Section 166. 13 , Underground Utility Wires for your records. The original will be microfilmed and filed with the City Clerk. cc. Jim Beavers, Engineer Alett Little, Economic Development Bert Rakes, Inspections P C � �LRh I � RECEIVE . 0 STATE OF ARKANSAS County of Washington } Ss. DEC 2 8 1999 ACCTG. DEPT. I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for -- more than a period of twelve months, circulated and distributed from an oaolNAr+cENo. a169 established place of business to subscribers and readers generally of all AN ORDINANCE AMENDING classes in the City and Countyfor a definite rice for each co SECTION 166. 13 UNDER- P copy, or a fixed GROUND UTILITY WIRES, OF price per annum, which price was fixed at what is considered the value of the THE CODE OF FAVETTE- VILLE, TO PROVIDE FOR P aseupon publication, based on the news value and service value it contains, that at CERTAIN EXEMPTIONS least fifty percent of the subscribers thereto have paid for their subscriptions FROM THE REQUIREMENT THAT UTILITIES BE PLACED to the newspaper or its agents or through recognized news dealers over a UNDERGROUND IN NEW ' period of at least six months that the said newspaper publishes an RESIDENTIAL DEVELOP- MENTS REQUIRING PLAN- average of more than forty percent news matter. NING COMMISSION APPRO- VAL AND IN NEW COMMER- ' CIAL DEVELOPMENTS. I further certify that the legal notice attached in the matter of BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKAN- SAS: / Section 1 . That §166.13, Un- was published in the regular daily issue of said newspaper for r derground Utility Wires. Sub- consecutive insertions as follows: section B., of the Code of Fayetteville, is hereby deleted and the following shall be in- The first insertion on the / da of 19 sailed in its stead: y UTILIT 3 UNDERGROUND e second the d on on e a — § 166. 1 thd insertion y of 19 B. Exemptions. The following shall be exempt from the re- the third insertion on the day of 19 — quirements of this section. 1. Overhead wires. supporting structures, and associated the fourth insertion on th UOY of 19 — structures of a temporary na- ture which provide temporary service. A permit obtained from the City Planner for said tempo- Vvy rery service, addressing the her/General Manager na- ture and duration of said serv- ice, shall be required. Sworn to and subscribed before me on this / 19oj 2. Existing lines of 12 Kv and ////��//��jj above.` 3. A single power pole near the exterior boundary of a develop- ment shall be allowed to pro- _ J vide connections for under- )� - . `, ground service. >< C:ahcri.tc Sall Notary Public PASSED AND APPROVED >( Noutry Public, State of Arkansas 's •this 15th day of June, 1999. My Commission Expires: �t \XNQhinatnn County y APPROVED: >q My Commission Expires 02141(U.1 '(< By: Fred Hanna, Mayor AT ATTEST: Fees for Printing.......................................................$ ��1 By: Heather Woodruff, City Clerk Costof Proof.............................................................$ Total.........................................................................$ IA5 *Moo Py ORDINANCE NO. 3997 �d AN ORDINANCE AMENDING CHAPTER 160: ZONING, co OF THE CODE OF FAYETTEVILLE, TO REQUIRE m 0 UNDERGROUND UTILITY WIRES, LINES AND/OR CABLES IN NEW RESIDENTIAL DEVELOPMENTS = 2 REQUIRING PLANNING COMMISSION APPROVAL AND o IN NEW COMMERCIAL DEVELOPMENTS . n ? b Cn A 3 T H N C') WHEREAS, the City Council finds that underground utilities would protect property A values, enhance the appearance of new developments, reduce the amount of tree pruning aan rand m o tree removal , and provide safe and reliable utility service. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : That Chapter 160: Zoning, of the Code of Fayetteville is hereby amended to add the following: Section 1 . In the new residential developments requiring Planning Commission approval and new commercial developments all utility wires, lines, and/or cables in said developments utilized by electric and/or telecommunications companies shall be placed underground. Section 2 . In case of hardships, (including but not limited to financial, geological, environmental, or regulatory) unique to the subject property, the Planning Commission may grant a waiver, on a permanent or temporary basis, to allow the erection, construction, installation, maintenance, use or operation of poles and overhead wires and associated overhead structures. Section 3 . Overhead wires, supporting structures, and associated structures of a temporary nature which provide temporary service shall be exempt from this ordinance. A permit obtained from the Planning Administrator for said temporary service, addressing the nature and duration of said service, shall be required . Transmission lines of 34 . 5 Kv and above shall be exempt from this ordinance. Section 4• Nothing herein shall be construed to usurp the authority of the Arkansas Public Services Commission and in all instances of conflict, the rules and regulations of said Arkansas Public Service Commission shall prevail . PASSED AND APPROVED this 1st day of October 1996. �� L :v�?: •i �`,•;' � APPROVED : • ' • � red Hanna, Mayor ATTEST: By : Traci Paul , City Clerk 96063232