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 limited to:
Critical Service Disruption: There is a critical disruption of essential services such as electricity threatening public safety.
Emergency Response Dependency: The situation is directly tied to emergency response systems, where delays could worsen the threat.
Distance Threshold. This limited exemption applies only to short above ground connections necessary to serve specific buildings or projects not required to install underground utilities under current City ordinance, not exceeding one thousand (1,000) total linear feet. Each proposed connection under this exemption is subject to a review by the City Engineer to ensure compliance with current ordinances, regulations and engineering standards.
Section 3: Rescinding the Moratorium
a. Revised Underground Utility Ordinance:
The moratorium will be automatically rescinded upon the approval and enactment of a revised underground utility ordinance by the City Council.
Section 4: Enforcement
City officials are authorized to enforce this moratorium, and violations may result in penalties and other enforcement actions consistent with city ordinances. In addition, no right of way or similar permits may be issued by the City which are not in conformance with this ordinance.
Section 5: Enactment:
This ordinance shall take effect immediately upon its enactment by the City Council.