11.25.050 Waiver of underground placement.
(A) The requirement for underground placement may be waived for the following reasons:
(1) When the (re)developer or utility company can show that the costs are unreasonably disproportionate to the costs for the proposed (re)development or utility company project.
(2) New utility poles and wires erected for purely temporary purposes, such as providing temporary building construction power, emergency power, telephone service, or furnishing power for temporary outdoor activities. A permit for such temporary use shall be obtained from the City of Show Low. The length of the temporary use shall be specified in the permit and may not exceed twelve (12) months. An additional permit for six (6) months may be issued upon a finding of necessity by the city.
(3) Poles or luminaires, but not wires or other conduits, used exclusively for street lighting.
(B) Requests for a waiver to the underground placement requirements shall be submitted in writing to the public works director.
(C) In reviewing a request for waiver, the public works director shall consider the cost of installing overhead utilities, the costs of placing the utilities underground, and the status of development in the area of the request.
(D) If a waiver is denied by the public works director, the (re)developer or utility company may appeal the public works director’s decision to the common council.
(E) If a waiver is approved by the public works director, an interested party who is affected by the decision may appeal the decision to the common council. (Ord. No. 2018-09, § 1, 12-4-18. 1976 Code § 18-6-5)