1. Underground. Within the underground district, all cables, wires, fibers, pipes, and conduits in connection with any utility system shall be placed underground, except where aboveground connection to buildings or other locations aboveground is reasonably necessary. Such aboveground connection shall be by means of poles located, as far as reasonably practicable, within alleys.
2. Aboveground. Outside the underground district, cables, wires, fibers, pipes and conduits in connection with any utility system may be placed either underground or on poles aboveground, except when undergrounding is required pursuant to the City’s subdivision or site plan requirements as expressed in this Code of Ordinances. No such poles shall be installed or erected and no license or permit for such shall be issued until the Building Inspector has approved the proposed location of such poles.
3. High-Intensity Corridors. The Building Inspector shall assign specific corridors within the right-of-way or any particular segment thereof as may be necessary for each type of equipment that is within the right-of-way pursuant to current technology, or which the Building Inspector expects will someday be located within the right-of-way. Registrants shall, when installing or replacing equipment in the right-of-way, place and locate such equipment in the appropriate corridor, either as provided in the City’s utility accommodation and street restoration specifications or as ordered by the Building Inspector. Excavation and obstruction permits issued by the department, involving the installation or replacement of equipment in the right-of-way, may designate the proper corridor for the equipment, and permittees shall be required to install or place such equipment in the location therein specified.
4. Nuisance. Any equipment found in a right-of-way which has not been registered, or which is found: (i) in a location other than the location specified therefor in the City’s utility accommodation and street restoration specifications; or (ii) in a location other than the location specified therefor by the Building Inspector; or (iii) in a location other than the location shown on the maps filed in the office of the Building Inspector by the person owning or operating that equipment, shall be deemed to be a nuisance, and the City may exercise any remedies or rights it has at law or in equity, including (but not limited to) bringing an action for nuisance abatement in which the City may seek the abatement of the nuisance or authority to take possession of the equipment.
5. Limitation of Space. The Building Inspector shall have the power to prohibit or limit the placement of new or additional equipment within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of-way. In making such decisions, the Building Inspector shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s need for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing equipment in the right-of-way, and future City plans for public improvements and developmental projects which have been determined to be in the public interest.