§ 92.05 UNDERGROUND OR BURIED UTILITIES.
   (A)   Designated underground utility area. The town hereby designates town right-of-way located on all local roads, arterial-primary roads, arterial-secondary roads, and collector roads within the town as designated strictly for underground or buried utilities (individually or collectively, “Underground Utility Area”) and prohibits the placement of a new utility pole or new wireless support structure within the underground utility area. To the extent new wireless support structures are not required, this prohibition does not restrict the collocation of small cell facilities on existing utility poles and wireless support structures within the underground utility area or the replacement of existing utility poles and wireless support structures within the underground utility area.
   (B)   Waiver procedure. Any request to install new utility poles or new wireless support structures within the underground utility area shall adhere to the town’s waiver procedure, attached to Res. 17-011 and incorporated herein as Exhibit A.
   (C)   Historic preservation areas. Applicants who wish to place structures within any current or future historic preservation areas must obtain a certificate of appropriateness by the area’s preservation district board prior to placement of said structure as part of the application.
   (D)   Permit authority. The town hereby (a) designates the Town Council as the permit authority; and (b) requests that the Town Utility Superintendent implement and facilitate the waiver procedure.
(Res. 17-011, passed 5-1-17)