(a) The purpose of this chapter is to adopt a policy regarding the designation of locations within the City as underground or buried utility areas pursuant to Ohio Revised Code Section 4939.0314(G).
(b) Council hereby designates the following areas as strictly underground or buried utility areas:
(1) 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 exist;
(2) All areas of the City where City Ordinance or any regulation of the City require the undergrounding or burial of utility facilities;
(3) All areas of the City where planned road projects, planned developments, special use developments, 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 associated services;
(4) All areas of the City governed by the declarations, rules, or by-laws, of a condominium association or homeowner's association, where such declarations, rules or by-laws provide for and require underground buried utilities and utility facilities, including but not limited to electric, communication, or similar associated services;
(5) Notwithstanding subsections (1) through (4) above and in accordance with Ohio R.C. 4939.0314(G)(2), the City shall allow collocation of small cell facilities on existing utility poles and wireless support structures and the replacement of existing utility poles and wireless support structures within the designated areas;
(c) Notwithstanding subsections (1) through (4) above and in accordance with Ohio Revised Code Section 4939.0314(G)(3), any utility requesting construction, placement, or use of a small cell facility in an area designated as a strictly underground or buried utility area may submit an application to the City Manager, or his/her designee, requesting a waiver under Section 915.05(b)(3)(B.)(6) to install new utility poles or wireless support structures within an area designated solely for underground or buried utilities. 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.
(c) Nothing in this chapter shall prohibit:
(1) The temporary aboveground location of utility facilities during construction or emergency conditions;
(2) Renewal, reinstallation, relocation, replacement, repair or maintenance of aboveground utility facilities existing as of the effective date of this Ordinance; and
(3) Aboveground utilities and utility lines as determined appropriate and authorized by the City Manager, or his/her designee.
(Ord. 2018-79. Passed 7-24-18.)