§ 97.07  UNDERGROUND UTILITY AREA.
   (A)   The city hereby establishes an underground utility area to be in effect April 28, 2017, to apply throughout the city's rights-of-way and granted utility easements located on or about all local roads, arterial-primary roads, arterial-secondary roads, collector roads, and roundabouts, and as might be changed from time to time, are designated strictly for underground or buried utilities (individually or collectively, "underground utility area"). Such underground utility area is further defined as follows:
      (1)   In 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)   In 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)   In all areas of the city that would require compliance with Chapter 118: Cable Communication System of this Code and the spirit of the Columbia City Comprehensive Plan, as amended;
      (4)   All other areas of rights-of- way or proposed rights-of-way throughout the city, or in a utility easement granted by the city, whether or not above ground utilities or utility facilities currently exist.
      (5)   Notwithstanding divisions (A)(1) through (4) above, any utility that requires construction, placement, or use of a small cell facility in an area designated strictly for underground or buried utilities, may submit an application to the Board of Public Works and Safety requesting a waiver to install new utility poles or new wireless support structures within the area pursuant to the waiver procedure attached as Exhibit A to Resolution 2017-8 and incorporated by reference as if fully set forth herein.
   (B)   From and after the effective date of this section, no person, corporation, or utility shall erect or construct within the city's rights-of-way or granted utility easement, 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 city's Board of Public Works and Safety, all utilities located within the city's rights-of- way or a granted utility easement shall be placed underground and/or buried.
   (D)   All existing overhead poles, wires, and/or utility transmission lines may remain within the city's rights-of-way or utility easement, but may not be replaced or relocated without prior written authorization of the Board of Public Works and Safety and the city hereby designates the Board of Public Works and Safety as the permit authority and directs that the Board of Public Works and Safety delegate either the Clerk or other representative to implement and facilitate the waiver procedure.
(Res. 2017-8, passed 4-29-2017)