(a) An Underground and Buried Utilities District (the "District") has been established by the BPW on April 28, 2017 and is effective April 30, 2017, and such District applies throughout the City's ROW and granted utility easements. The District consists of the following:
(1) All areas of the City where no overhead or above ground utilities, utility facilities, overhead lines, or associated overhead structures used or useful in supplying electric, communication, or similar and associated services currently exist;
(2) All areas of the City 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;
(3) All other areas of ROW or proposed ROW throughout the City, or in a utility easement granted by the City, whether or not above ground utilities or utility facilities currently exist;
(4) All areas of the City that would require compliance with previously adopted ordinances, including Ordinance D-1479-00 (pertaining to the provision of cable service and the placement of cable facilities underground) and Ordinance D-2355-17 (pertaining to the erection of new wireless support structures and small cell facilities, the collocation of wireless support structures and small cell facilities, and the modification of existing wireless support structures and small cell facilities, within the City's ROW).
(5) Notwithstanding subsections (1) through (4) above, any utility that requires construction, placement, or use of a small cell facility in the District may submit an application to the BPW requesting a waiver to install new utility poles or new wireless support structures within the District pursuant to provisions stated in the City's Ordinance D-2355-17, as amended.
(b) From and after April 30, 2017, no person, corporation, or utility shall erect or construct within the District, any pole, overhead line, or associated overhead structure used and useful in supplying electric, communication or similar associated services ("Construction"), unless authorized by the City.
(c) The BPW is the City's permit authority for the granting of permits for all Construction in the City's ROW and in the City's granted utility easements. The BPW shall have the authority to review all requests for Construction and shall have the authority to grant waivers of requirements set out in this Ordinance as set out in an Applicant's permit request as submitted by a utility or a communications provider pursuant to this Section 6-245 of the Carmel City Code, Chapter 9, Article 5, Section 9-218 of the Carmel City Code, and other ordinances regarding the placement of utility facilities in the City's right-of-way or in a utility easement granted by the City. Unless expressly authorized by the BPW, all utility facilities to be located within the District shall be placed underground and/or buried where feasible based upon applicable safety requirements and engineering standards and to the extent allowed by Indiana law.
(d) All existing overhead poles, wires, and/or utility transmission lines ("Existing Facilities") may remain within the District, but may not be replaced or relocated without prior approval of the BPW. Any relocation of Existing Facilities is subject to requirements set forth in the City's Ordinance D-2368-17 (pertaining to the relocation of public utility facilities in areas along, under, upon and across City streets, highways and other public property), as amended.
(Ord. D-2395-17, § 2, 11-6-17; Ord. D-2492-19, 10-21-19)