§ 350-25. Underground electric and communication utilities.

(a)

Utilities, including telephone, electric power and cable television in both public and private rights-of-way, shall be placed underground for all new developments with total floor areas 20,000 s.f. or over, except when extreme conditions of underlying rock or other conditions prevent this requirement from being met or as provided in paragraph (c) below, and only as approved by the Development Director.

(b)

A City fund, known as the "The City of Chamblee Utility Conversion Fund" is hereby created. The purpose of said fund is to accent deposits as described in paragraph (c) below, along with other funds or grants apportioned by the Mayor and City Council, and the use of such funds shall be restricted for the sole purpose of offsetting the cost of projects undertaken by the City that bury or relocate power lines from streets and sidewalks.

(c)

In cases where the expense to bury overhead utilities for new developments described in paragraph (a), above, is deemed to be unreasonably costly due to the complexity of the work, the developer may request approval from the Development Director of a fee-in-lieu arrangement with the project developers, whereby the developer shall make a contribution toward the City's Utility Conversion Fund in lieu of requiring burial of the utilities. Such fee-in-lieu arrangement shall be based on a cost per linear foot of such underground relocation of utilities established by the Mayor and City Council, and it may be adjusted from time to time by City Ordinance. The developer shall have the choice of burying of utilities, or paying to the City the fee-in-lieu of such utility burying work, prior to any certificate of occupancy being issued for structures in any phase abutting the right-of-way within which the overhead utilities are situated.

(d)

In all residential or commercial condominium developments:

(1)

Individual systems for water, sewer, and HVAC shall be required for each unit.

(2)

Individual metering shall be provided for all utilities.

(3)

Easements for utility lines shall be provided in the common ownership area where lateral service connections shall take place.

(Ord. No. 743 , 12-19-17)