(A)   The Town of New Palestine, Indiana, hereby establishes an Underground and Buried Utilities District hereinafter referred to as "Area" to be in effect April 30, 2017, and to apply throughout the town's right-of-way and granted utility easements and is hereinafter defined as follows:
      (1)   All areas of the town where no overhead or aboveground utilities, utility facilities, overhead lines or associated overhead structures used or useful in supplying electric communication or similar and associated services currently exist.
      (2)   All areas of the town where planned road projects, new subdivisions of whatever type or nature, 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)   All other areas of rights-of-way or proposed rights-of-way throughout the town or in a utility easement granted by or to the town whether or not aboveground utilities or utility facilities currently exist.
      (4)   Notwithstanding divisions (1) through (3) above, any utility that requires construction, placement, or use of a small cell facility in an area designated strictly for underground or buried utilities may submit an application to the Town Council requesting a waiver to install new utility poles or new wireless support structures within the area pursuant to the Design Standards and Specifications Manual of New Palestine, Indiana, and all acts amendatory or supplemental thereto.
   (B)   From and after the effective date of this chapter, no person, corporation, or utility shall erect or construct with the town's right-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.
   (C)   Unless otherwise expressly authorized by the Town Council, all utilities located within the town's rights-of-way or a granted utility easement shall be placed underground and/or buried.
   (D)   All existing overhead poles, wires, and/or utility transmission lines may remain within the town's rights-of-way or utility easement, but may not be replaced or relocated without prior written authorization from the Town Council, and any such structure shall comply in design and detail in all respects with those standards previously adopted by the Town Council, and all acts amendatory or supplemental thereto.
(Ord. 043017, passed 4-30-2017)