Title
An Ordinance to Impose a Temporary Moratorium on New Above-Ground Overhead Utilities
Summary
Council may consider suspending the rules for the immediate adoption of this Ordinance.
Body
Section 1: Purpose and Duration
a. Purpose:
The Foley City Council imposes a temporary moratorium on the installation of new above-ground overhead utilities in the city to promote and protect resiliency during disasters, enhance the efficient use of rights-of-way, and preserve the aesthetic appeal of public spaces.
b. Duration:
This moratorium shall remain in effect for a period of 12 months from the date of enactment or until the approval of a revised underground utility ordinance by the City Council, whichever occurs first.
Section 2: Applicability and Exemptions
a. Applicability:
The moratorium applies to all new installations of above-ground overhead utilities, including but not limited to electric, cable, fiber, and telephone lines within the city.
b. Exemptions:
i. Routine Maintenance: The moratorium does not restrict routine maintenance activities essential for preserving existing utility infrastructure. Routine maintenance refers to regular and recurring activities that are essential for the upkeep and preservation of utility infrastructure. These activities are standard, preventive measures aimed at ensuring the continued functionality, safety, and reliability of the infrastructure.
ii. Natural Disasters: In the event of a federal or state-declared natural disaster within the city's jurisdiction, a temporary exemption from the underground utility installation requirement is granted for the duration of the declared natural disaster or until action is taken by the City Council ending the exemption contained in this section.
iii. Extenuating Circumstances: In cases of an imminent threat to public safety requiring immediate action to exempt specific projects may be considered, subject to review and approval by the City Council. These circumstances are l...
Click here for full text