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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) Accessory 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 lots that can be served from an existing above ground utility-owned structure without required addition of above ground utility owned structures.

(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; Ordinance No. 20541, enacted July 28, 2014, effective August 29, 2014; Ordinance No. 20594, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; Ordinance No. 20625, enacted January 21, 2020, effective February 22, 2020, remanded on November 24, 2020, and provisions administratively removed; Ordinance No. 20659, enacted September 15, 2021, effective September 17, 2021; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022.)