(a) As used in this section, "subdivision" refers only to residential subdivisions of more than eleven lots platted subsequent to July 1, 1967.
(b) Unless the subdivision has been exempted from the requirements of this section, as provided in subsection (e) hereof, all telephone and electric distribution wires, conduits and cables therein shall be installed underground, except as necessary to bring service to the subdivision, and except for existing overhead facilities and any rearrangement, improvement or addition thereto.
(c) The preliminary plat with respect to the subdivision shall be submitted to the Village Engineer and to the electric and telephone utility companies which will provide service to the subdivision for their recommendations with respect to the width and location of easements for electric and telephone distribution cables and related facilities. The recommendations of the Village Engineer and such utility companies shall be submitted to the Planning and Zoning Commission by the owner of the subdivision together with the plat of the subdivision. Prior to approving the plat of the subdivision, the Planning and Zoning Commission shall determine that adequate easements are provided for all utility services, including underground electric and telephone distribution wires, conduits, cables, gas pipelines, sewer and water lines. The owner of the subdivision shall, at the time the plat of the subdivision is submitted for approval, present such evidence as the Planning and Zoning Commission deems necessary to ensure that the owner shall make or has made provision for all utility services including underground electric and telephone distribution wires, conduits, cables, gas pipelines, sewer and water lines in accordance with this section, adequate for the anticipated needs of the subdivision.
(d) The construction of all underground facilities shall meet the minimum requirements of the Public Utilities Commission of Ohio or any code approved or adopted by the Public Utilities Commission of Ohio.
(e) If, in the opinion of the owner of any subdivision or a portion thereof, or any interested utility company, the installation of underground facilities is economically or physically unfeasible, such owner or utility company may apply to the Planning and Zoning Commission for exemption of the subdivision or portion thereof from the requirements of this section, stating in the application for exemption the reasons therefor, and submitting therewith such exhibits, documents and data as may be necessary to substantiate the request. The Commission shall hold a hearing, at which the applicant and any other interested person may appear, at its regularly scheduled meeting, after the submission of an application for exemption. Notice of the hearing shall be given by certified mail by the applicant, at the applicant's expense, to each interested utility and owner no less than seven days prior to such hearing. If the Commission denies the application following the notice and hearing, the applicant may file a written appeal therefrom with the Village Clerk, stating the reasons therefor, within thirty days following the announcement of such decision by the Commission. Such appeal shall be placed on the agenda for the next regularly scheduled meeting of Council following the filing thereof with the Clerk and shall be heard at such meeting. Council may, by resolution, reverse or affirm, wholly or in part, or may modify the decision of the Commission.
(f) If any court of competent jurisdiction determines that any clause, section or portion of this section is invalid or unconstitutional, such finding shall in no way affect the validity or unconstitutionality of the balance of this section.