A. All utilities wishing to relocate from an existing pole or structure to a new pole or structure, reerect, reconstruct, or replace a one hundred (100) linear foot in length section or more of an existing system of poles and overhead wires and associated overhead structures, shall use minimum industry standard poles based upon the lead utility's engineering standards. Where the continuity of alignment is broken by the intersection with a major thoroughfare or highway, by change in alignment of a street or a pole line, or the end of a pole line, or by city owned property, the city engineer and/or building official may require the replacement of smaller sections with industry standard poles as designated by the lead utility engineering standards.
B. In the event the city engineer and/or the building official do not approve the plan provided by the lead utility, the lead utility may appeal that decision to the planning commission for a recommendation to the city council for final approval. If the city council does not approve the plan submitted by the lead utility, the lead utility may then file a complaint in the 7th judicial district court, in and for the county of White Pine. Unless recommended for approval by the city engineer and/or building official, or based upon an appeal to the planning commission and city council there cannot be more than two (2) poles of any type covered by this chapter within one hundred (100) linear feet.
C. The plan must specify the distance between each existing pole and any new pole the utility intends on installing.
D. The party responsible for each action or task in the pole plan, meaning, which utility is responsible for installing the new pole, the time frame in which each of the other utilities may migrate to the new pole, go underground, or wireless and which utility will be responsible for removing the "excess" pole.
E. The actual date, within ninety (90) calendar days from migration to the new pole system, when the "excess pole" will be removed.
F. If the utilities are unable to agree upon a migration plan, the matter will be submitted to the building official and the city engineer, if not approved by the building official and the city engineer, to the planning commission for a recommendation to the city council to impose a migration plan upon all of the utilities in order to meet the requirements of this chapter. The building official and the city engineer have the authority to issue a "notice to proceed" to the lead utility while the parties appeal the action through the planning commission and city council. (Ord. 703, 11-17-2016)