961.13 UNDERGROUND AREA REGULATIONS.

   (a)   Whenever any existing electric utilities, cable facilities, telecommunications facilities or other facilities are located underground within a Public Way of the City, the Facilities Operator must also locate its Facilities underground.

   (b)   A Facilities Operator may replace an existing Wireless Support Structure or Co-locate 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 the City Engineer for a waiver of the underground placement requirement if the requirement prevents the Facilities Operator from achieving its service objective and the Facilities Operator is unable to achieve its service objective 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 961.08(a) of the Codified Ordinances by fourteen (14) days. (Ord. 2018-064. Passed 7-17-18.)