§ 96.95 ESTABLISHED.
   (A)   The city hereby establishes an Underground and Buried Utilities District (the “District”) to be in effect April 28, 2017, and to apply throughout the city’s rights-of-way and granted utility easements.
   (B)   The District is defined as follows:
      (1)   In all areas of the city where no overhead or above ground utilities, utility facilities, overhead lines, or associated overhead structures used or useful in supplying electric, communication or similar and associated services currently exist.
      (2)   In all areas of the city where planned road projects, redevelopment areas and/or economic development areas provide for and require underground buried utilities and utility facilities, including but not limited to, electric, communication or similar and associated services.
      (3)   In all areas of the city that would require compliance with §§ 96.85 through 96.93, or as hereafter amended.
      (4)   All other areas of rights-of-way or proposed rights-of-way throughout the city, or in an utility easement granted by the city, whether or not above ground utilities or utility facilities currently exist.
      (5)   Notwithstanding divisions (B)(1) and (2) above, any utility that requires construction, placement, or use or a small cell facility in a district designated strictly for underground or buried utilities, may submit an application to the Board of Public Works and Safety, requesting a waiver to install new utility poles or new wireless support structures within the District pursuant to provisions as may be provided in the Monticello Code of Ordinances.
   (C)   From and after the effective date of this section, no person, corporation, or utility shall erect or construct within the city’s rights-of-way or granted utility easement, any pole, overhead line, or associated overhead structure used or useful in supplying electric, communication or similar associated services.
   (D)   Unless otherwise expressly authorized by the Board of Public Works and Safety, all utilities located within the city’s rights-of-way or a granted utility easement shall be placed underground and/or buried.
   (E)   All existing overheard poles, wires, and/or utility transmission lines may remain within the city’s rights-of-way or utility easement, but may not be replaced or relocated without prior written authorization of the Board of Public Works and Safety.
(Res. 2017-03, passed 4-28-17)