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(1) Exemptions from Underground Utility Standards. The following are exempt from the undergrounding requirement of this section:

(a) Temporary uses on a development site.

(b) New utility connections to structures or buildings with legally established above ground utility service.

(c) Secondary dwellings that can be served from an existing legally established above ground utility service to the primary dwelling on the development site.

(d) Dwellings on alley access lots that can be served from an existing above ground utility-owned structure.

(2) Underground Utility Standards. All new on-site utilities shall be placed underground if there is a utility-owned structure immediately adjacent to the development site, unless adjusted pursuant to the provisions of EC 9.8030(5). This requirement is satisfied if the applicant verifies in writing that utilities will be placed underground concurrent with planned future development to occur within 12 months. Exceptions shall be made for such features as padmounted transformers, switch cabinets, back flow prevention devices and closures needed to safely operate and maintain utility systems.

(Section 9.6775, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20269, enacted November 25, 2002, effective December 25, 2002; and Ordinance No. 20541, enacted July 28, 2014, effective August 29, 2014.)

* Code reviser’s note: This Section 9.6775, as amended by Ord. 20541, was remanded by LUBA. This version returns the code text to as it appeared prior to amendment by Ord. 20594.