16.05.390 Utilities | Covington Municipal Code

16.05.390 Utilities.

Utilities are services and facilities that produce, transmit, store, process or dispose of electric power, gas, water, stormwater, sewage and communications. Utilities are split into major and minor based on type and scale.

(a) Utility development shall, through coordination with local government agencies, provide for compatible, multiple use of sites and rights-of-way. Such uses include shoreline access points, trail systems, and other forms of recreation and transportation, providing such uses will not unduly interfere with utility operations, endanger public health and safety, or create a significant and disproportionate liability for the owner.

(b) Utility lines shall utilize existing rights-of-way, corridors, and/or bridge crossings whenever possible and shall avoid duplication and construction of new corridors in all shoreline areas. Proposals for new corridors or water crossings shall fully substantiate the infeasibility of existing routes.

(c) Utility facilities shall be located, designed, and constructed to avoid disturbance of unique and fragile areas, including wildlife spawning, nesting, and rearing areas. Utility facility development shall result in no net loss of shoreline ecological functions. Mitigation shall be provided as necessary to meet this requirement, with consideration given to ongoing impacts, such as permanent restrictions on vegetation growing under transmission lines or within utility corridors.

(d) Clearing of vegetation for the installation or maintenance of utilities shall be kept to a minimum. Upon project completion, any disturbed areas shall be restored to their pre-project condition or better consistent with CMC 16.05.250.

(a) Applicability. The provisions of this subsection apply to major utilities, such as solid waste handling and disposal, water transmission lines, sewage treatment facilities and mains, power-generating or transfer facilities, gas distribution lines and storage facilities, and stormwater mains and regional treatment facilities.

(b) Major utilities shall be located outside of shoreline jurisdiction unless no other feasible alternative exists. When allowed under this regulation, major utilities shall be located landward of the ordinary high water mark, unless such location is not feasible or would result in potentially greater environmental impacts.

(c) In the case of a new primary utility corridor serving multiple municipalities and districts, the determination as to the feasibility of alternative routes outside of shoreline jurisdiction and/or the possibility of using existing rights-of-way may include, but is not limited to, consideration of:

(i) Construction impacts on the community, including impacts on traffic and adjacent land uses;

(ii) Engineering considerations, including restoration or disruption issues related to the presence of existing public improvements and utility facilities;

(iii) Environmental considerations, including impacts on the ecological function both within and outside of shoreline jurisdiction; and

(iv) Project considerations, including construction cost, construction schedule, and expenditures or contractual commitments made by the proponent of the corridor, prior to the adoption of this master program, in acquiring rights for the proposed route.

(d) Where major utilities must be located within shoreline jurisdiction, they shall be located and designed so as not to destroy or obstruct scenic views.

(e) Stream and water crossings shall be minimized according to mitigation sequencing. Boring shall be the preferred method unless it is demonstrated to be infeasible. Utilities that need to cross water shall be deep enough to avoid the need for bank stabilization or fill. Consideration shall be given to flooding and erosion when considering appropriate depth.

(f) Solid waste disposal sites and facilities shall be prohibited in shoreline jurisdiction. Storage of recyclable materials shall not be considered solid waste disposal.

(g) Major utilities shall provide screening of facilities from water bodies and adjacent properties in a manner that is compatible with the surrounding environment. Type of screening required shall be determined by the City on a case-by-case basis.

(h) To allow for the greatest amount of public input to help guide utility-related decisions, the City shall hold public meetings prior to the issuance of a substantial development permit, conditional use permit, or shoreline variance for a major primary utility project in accordance with the administrative procedures set forth in Article II of this master program.

(a) Applicability. The provisions of this subsection apply to utilities that are accessory to shoreline uses, including utilities that affect small-scale distribution services connected directly to uses along the shoreline, such as power, telephone, cable, water service, sewer service lines, and stormwater collection and conveyance.

(b) Utility development shall, through coordination with local government agencies, provide for compatible, multiple use of sites and rights-of-way.

(d) New utility lines, pipelines, and cables, including electricity, communications, and fuel lines, shall be located underground unless demonstrated to be infeasible. Existing above-ground lines shall be moved underground when properties are redeveloped or in conjunction with major system upgrades or replacements.

(e) The location and construction of outfalls shall comply with all applicable Federal, State, County, and City regulations.

(f) The City of Covington shall maintain, enhance, and restore the natural drainage systems to protect water quality, reduce flooding, reduce public costs, and prevent associated environmental degradation for no net loss of shoreline ecological functions.

(g) The City shall establish maintenance procedures to assure continued proper functioning of surface water management and drainage systems. (Ord. 09-19 § 6 (Exh. C))