§ 9.8. Underground utilities.

9.8.1.

All existing and proposed utilities, including all electrical, telephone, television and other communication lines, both main and service connections, serving or having capacity of 69 KV or less, abutting or located within a requested land disturbance area shall be installed underground in a manner approved by the applicable utility provider and in compliance with Fulton County's right-of-way and erosion control regulations, if applicable.

9.8.2.

Lots that abut existing easements or public rights-of-way where overhead electrical or telephone distribution supply lines and service connection have previously been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. Should a road widening or an extension of service, or other such conditions occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.

9.8.3.

Contractors or developers of subdivisions shall:

A.

Submit drawings of the subdivision layout showing locations of underground electrical cable, transformers, and other related fixtures, in accordance with the standard plans. These drawings must be approved by the county before installation of the underground utility and before a building permit can be issued.

B.

Pay all cost for poles, fixtures, or any related items of materials necessary for the installation to the utility company.

C.

Submit proof of payment for complete installation.

D.

Have an agreement with the appropriate power company for complete maintenance of all installations and provide proof of payment.

9.8.4.

Street lights and pedestrian lighting.

A.

Street lights and pedestrian lights shall be provided by the developers of all new subdivisions.

At the time of and as a requirement of submission of a final plat, the developer shall:

1.

Submit a drawing(s) of the subdivision's layout showing locations of street lights and required pedestrian lights. This drawing must be approved by the director prior to obtaining any building permit within the subdivision. The layout shall be shown on the land disturbance permit. Fixtures and standards/poles installed or used shall be approved by the county and by the utility company which shall be responsible for the maintenance of the facilities.

Street light fixtures shall be mounted 30 feet above the ground and shall have appropriate arm length to place the light over the street. No arm shall be less than five feet long. Post top luminaries may be permitted when approved by Fulton County providing same are in compliance with the requirements of the Fulton County Zoning Resolution. Fixtures shall be located no more than 300 feet apart and at least one light shall be located at each street intersection within the subdivision. When a subdivision is located in a zoning overlay district, light standards shall comply with requirements of the overlay district. Pedestrian lights shall be installed as required by the overlay district or the specific zoning case.

2.

Pay all costs for standards/poles, fixtures and any other related items or material necessary for installation.

3.

Submit proof of payment for complete installation to the director.

4.

Submit a copy of an executed agreement with the utility company for complete maintenance of all installations.

B.

When street lighting is requested by existing residents, these residents shall:

1.

Submit a petition to the Fulton County Department of Public Works from the residents affected showing a 90 percent support for the request. The affected residents shall be all residents whose properties are located, in whole or in part, within 150 feet of a proposed street light.

2.

The request to the county for street lights shall include a sketch indicating the individual location of lights within the subdivision, along with the residential location of each signatory to the petition.

3.

If standards/poles within the subdivision for the placement of these lights do not exist, or do not meet utility company requirements, it shall be the petitioner's responsibility to have these standards/poles placed prior to installation of the street lights, at their cost. Installation of poles within the county's right-of-way shall be subject to the approval of the public works director. The street light fixtures are to be installed at the expense of the petitioners.

C.

When each of the applicable items in subsection [B.] above has been completed, Fulton County shall:

1.

Assume maintenance responsibility and make the monthly payments to the utility company for electrical energy for each street light when at least 50 percent of the dwelling units in the subdivision have been occupied.

2.

Pay only the current monthly negotiated amount for electrical energy for each street light.