The City hereby designates the following areas as strictly underground or buried utilty areas:
(a) Aster Court Apartments on Astoria Road; Broadhill Estates; Megan Lane; Candlewood Court; Strawberry Fields Drive (including Hoover, Prairie, Berry and Maxwell), Wind-Cliff Village; The Reserves (Worthington, Kern, Hawkins, Nickell, Gibraltar, Mark, Kathie, Lisa, Bradley, Angela and Hillcrest); Hickory Pointe Development (including Hickory Pointe Drive, Beechwood Drive, Buckeye Court and Cypress Court); Ron Heights (including Lindell, Scott, Jill, Willis, Heather, Daniel, Trey, Wesley, Tara, Mary, Sue, Nancy, Ron and McClure).
(b) All areas of the City where no overhead or aboveground utilities, utility facilities, overhead lines, or associated overhead structures used or useful in supplying electric, communication or similar or associated services currently exists;
(c) All rights-of-way within or adjacent to areas zoned for residential use;
(d) All rights-of-way within or adjacent to areas zoned C-2, Downtown Business District;
(e) All areas of the City where planned road projects, redevelopment areas, or economic development areas provide for and require underground buried utilities and utility facilities, including but not limited to electric, communication, or similar or associated services;
(f) All other rights-of-way throughout the City, whether or not aboveground utilities or utility facilities currently exist;
(g) Notwithstanding subsections (a) through (e) above and as required by ORC 4939-0314(G), any utility requesting construction, placement, or use of a small cell facility in an area designated as strictly underground or as a buried utility area may submit an application to the City Engineer requesting a waiver to install new utility poles or wireless support structure within an area designated solely for buried and underground utility; any prohibition or restriction with respect to the placement of new utility poles or new wireless support structures within a designated area shall be applied in a nondiscriminatory manner;
(h) As used in subsections (b) through (e) above, the word “City” includes all areas within the corporate boundaries of the City of Germantown as of the effective date of this resolution, all area within any territory that is subsequently annexed into the corporate boundaries of the City of Germantown, and any later-acquired right-of-way.
(Res. 18-20. Passed 6-4-18.)