The installation, construction and expansion of electric, telephone and cable television facilities shall generally be done underground, subject to the following conditions and exceptions.
(a) Transmission lines are exempted from the provisions of this section. For purposes of this section, “transmission lines” means those lines constructed between generating stations and substations.
(b) For the standard or typical underground utility installation, equipment that is typically placed above ground, such as transformers and switches affixed on the ground, shall be exempt from the provisions of this section.
(c) For purposes of this section, underground services adjacent to new subdivisions, commercial uses and industrial uses shall include, but not be limited to:
(1) Overhead wires extending across the public right-of-way from existing overhead service to such new subdivisions, commercial uses and industrial uses; and
(2) Adjacent overhead services within the property submitted for subdivision approval that existed prior to the filing of a preliminary plat.
(d) Temporary overhead service of electric and telephone utilities shall be allowed, provided that all permanent electric, telephone and cable television services within and adjacent to new subdivisions, commercial uses and industrial uses shall be underground. For the purposes of this section, “temporary overhead service” means:
(1) Service which is necessary for immediate public convenience and necessity and which is constructed to serve only on an interim basis until permanent underground services can be installed; and
(2) Service which, in order to reach a new subdivision, commercial use or industrial use, must be extended from the existing overhead service through undeveloped parcels of land not included in the subdivision, commercial use or industrial use.
(e) The owner or developer of new subdivisions, commercial uses and industrial uses shall offer an easement for cable television and cable television equipment within the easement shown on the plat for electric and telephone utilities. The easements shall be granted at no expense to the cable television operator.
(f) The providers of electric, telephone and cable television services are encouraged to inform the Planning and Zoning Commission as to the nature and location of their services and their plans for increasing service capacity.
(g) In accordance with § 1212.05, any aggrieved party shall have the right to seek a variance from the strict enforcement of this section.
(Ord. 5-89, passed 5-8-1989)