(A) The town hereby establishes an Underground and Buried Utilities District ("Area") to be in effect April 30, 2017, and to apply throughout the town's rights-of-way and granted utility easements and is hereinafter defined as follows:
(1) In all areas of the town where no overhead or aboveground 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 town 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; and
(3) All other areas of right-of-way or proposed right-of-way throughout the town, whether or not aboveground utilities or utility facilities currently exist.
(B) From and after the effective date of this section, no person, corporation, or utility shall erect or construct within the town's rights-of-way 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 Works Board, all utilities located within the town's rights-of-way shall be placed underground and/or buried.
(D) All existing overhead poles, wires, and/or utility transmission lines may remain in the town's right-of-way but may not be replaced and/or relocated more than five feet from an existing pole without prior written permission from the Town Council; any replacement or relocation greater than five feet from an existing pole will require prior written authorization from the Town Council. The Hamilton Lake Conservancy District control panels and disconnect panels are exempt from the provision of this section.
(Res. 2017-2, passed 4-30-17; Am. Res. 2017-3, passed 7-3-17)