(A) Purpose. The purpose of this section is to adopt a local policy regarding the designation of locations within the city as underground or buried utility areas pursuant to I.C. 8-1-32.3-15(c)(1).
(B) Designation. The city/BOW hereby determines that the Lawrenceburg Municipal Utility Department, developers and homeowners located within the city limits have previously made investments to ensure utility lines are located or buried underground and, therefore, in an effort to continue this policy, the entire City of Lawrenceburg, Indiana, that being all city-owned street right-of-ways located within the City of Lawrenceburg, Indiana corporate boundaries, are hereby designated as areas strictly for underground or buried utilities pursuant to I.C. 8-l-32.3-15(c)(l).
(C) Restrictions. With respect to the construction, placement, or use of a small cell facility and the associated support structure, the BOW hereby restricts and prohibits the placement of a new utility pole or a new wireless support structure in city right-of-ways, except as otherwise permitted in division (D) of this section.
(D) Exceptions. Notwithstanding the restrictions and prohibitions contained in division (C) of this section, the following provisions shall be met and the following exceptions are hereby permitted:
(1) Collocation of small cell facilities on existing utility poles and wireless support structures within the city are allowed;
(2) Repair and/or replacement of existing utility poles and wireless support structures within the city is allowed;
(3) A petition for a request to install new utility poles or new wireless support structures within the city may be filed with the BOW, which shall hold a public hearing on such petition within 30 days of filing, and upon which a decision shall be made by the BOW within 60 days of such filing;
(4) Upon receipt of a petition for the construction, placement, or use of a small cell facility on one or more new utility poles or one or more new wireless support structures in the city, the city shall post notice of the petition on the city’s internet website with a statement that the petition is available to the public upon request; and
(5) The prohibition or other restrictions with respect to the placement of new utility poles or new wireless support structures within the city shall be applied in a nondiscriminatory manner.
(Res. 2017-4, passed 4-28-17)