§ 90.35  ESTABLISHMENT.
   (A)   The town hereby establishes an Underground and Buried Utilities District to be in effect and to apply throughout the town's right-of-way and is hereinafter defined as follows:
      (1)   In all areas of the town where no overhead or aboveground utilities, utility facilities, overhead lines or associated overhead structures used or useful in supplying electric, communication or similar and associated services currently exist;
      (2)   In all areas of the town where planned road projects, redevelopment areas and/or economic development areas provide for and require underground buried utilities and utility facilities, including, but not limited to electric, communication or similar and associated services; and
      (3)   All other areas of right-of-way or proposed right-of-way throughout the town, whether or not aboveground utilities or utility facilities currently exist.
   (B)   From and after the effective date of this section, no person, corporation or utility shall erect or construct within the town's right-of-way, any pole, overhead line or associated overhead structure used or useful in supplying electric, communication or similar associated services.
   (C)   Unless otherwise expressly authorized by the Works Board, all utilities located within the town's right-of-way shall be placed underground or buried.
   (D)   All existing overhead poles, wires and/or utility transmission lines may remain within the town's right-of-way and shall not be replaced or relocated without prior written authorization of the Works Board.
(Res. 2017-08, passed 4-20-17)