(a) Whenever any existing electric utilities, cable facilities, telecommunications facilities or other facilities are located underground within a public way of the City, the facilities operator must locate its facilities underground.
(b) A facilities operator may replace an existing wireless support structure or collocate small cell facilities on an existing wireless support structure even if the wireless support structure is located in an underground area.
(c) A facilities operator shall not install a new wireless support structure in an underground area.
(d) An operator may apply to the Planning and Zoning Commission for a waiver of the underground placement requirement if the operator is unable to achieve its service objective and provide reasonable service in the City under the following circumstances:
(1) From a location in the public right-of-way where the prohibition does not apply;
(2) From a utility easement the service provider has the right to access;
(3) From other suitable locations or structures made available by the City at reasonable rates, fees and terms.
(e) Submission of a waiver request pursuant to division (d) of this section is subject to the facilities operator's agreement to toll the timeframes set forth in this chapter and in Section 1030.08(a) of the Codified Ordinances by 14 days.
(Ord. 2018-50. Passed 8-1-18.)