927.13 UNDERGROUND AREA REGULATIONS.
   (a)   Subject to subsection (b), a facilities operator shall locate its facilities underground in an underground area.
   (b)   A facilities operator may replace an existing wireless support structure or collocate small cell facilities on an existing wireless support structure even if the wireless support structure is located in an Underground Area.
   (c)   A facilities operator shall not install a new wireless support structure in an underground area.
   (d)   An operator may apply to Mayor for a waiver of the underground placement requirement if the requirement prevents the operator from achieving its service objective, the requirement has the effect of prohibiting the provision of reasonable service in the City, and the operator's objective of providing reasonable service in the City cannot be met by placing facilities at:
      (1)   A location in the public right-of-way where the prohibition does not apply;
      (2)   A utility easement the service provider has the right to access; and
      (3)   Other suitable locations or structures made available by the City at reasonable rates, fees and terms.
   (e)   Submission of a waiver pursuant to subsection (d) is subject to the facilities operator's agreement to toll the timeframes set forth in Section 925.09 of the Amherst Codified Ordinances governing the use of public ways for small cell wireless facilities and wireless support structures by fourteen (14) days.
(Ord. 20-30.  Passed 10-26-20.)