(A) Purpose. The purpose of this section is to adopt a local policy regarding the designation of locations within the town as underground or buried utility areas pursuant to I.C. 8-1-32.3-15(c)(1).
(B) Designation. The town, through its Council, hereby determines that the Municipal Utility Department, developers and homeowners located within the town limits have previously made investments to ensure utility lines are located or buried underground and, therefore, in an effort to continue this policy, the entire town, that being all town-owned street right-of-ways located within the town corporate boundary, are hereby designated as areas strictly for underground or buried utilities pursuant to I.C. 8-1-32.3-15(c)(1).
(C) Restrictions. With respect to construction, placement, or use of a small cell facility and the associated support structure, the Council hereby restricts and prohibits the placement of a new utility pole or a new wireless support structure in a town right-of-way, except as otherwise permitted in division (D) below.
(D) Exceptions. Notwithstanding the restrictions and prohibitions contained in division (C) above, the following provisions shall be met and the following exceptions are hereby permitted:
(1) Collocation of small cell facilities on existing utility poles and wireless support structures within the town are allowed;
(2) Repair and/or replacement of existing utility poles and wireless support structures within the town is allowed;
(3) A petition for a request to install new utility poles or new wireless support structures within the town may be filed with the Council which shall hold a public hearing on such petition within 30 days of filing, and upon which a decision shall be made by the Council within 60 days of such filing;
(4) Upon receipt of a petition for the construction, placement, or use of a small cell facility on one or more new utility poles or one or more new wireless support structures in the town, the town shall post notice of the petition on the town’s internet website with a statement that the petition is available to public upon request; and
(5) The prohibition or other restrictions with respect to the placement of new utility poles or new wireless support structures within the town shall be applied in a nondiscriminatory manner.
(Res. 04-28-2017-1, passed 4-28-17)