§ 152.65 UNDERGROUND AND BURIED UTILITIES DISTRICT.
   (A)   The recitals set out in the resolution codified herein are fully incorporated herein by this reference.
   (B)   The town hereby establishes, effective as of 4-29-2017, a Underground and Buried Utilities District (UBU) District covering the following described areas of town:
      (1)   All areas of the town where no above ground facilities currently exist;
      (2)   All areas of the town 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; and
      (3)   All other right-of-way (ROW) or proposed ROW throughout the town, whether or not above ground utilities or utility facilities currently exist.
   (C)   Unless otherwise expressly authorized by the Council, from and after the effective date of this section, no person, corporation, or utility shall erect or install within the town's UBU District, any above ground facilities.
   (D)   Unless otherwise expressly authorized by the Council, from and after the effective date of this section all utilities and utility devices, equipment, lines, conduits, and related facilities located within the town's ROW shall be placed underground.
   (E)   All above ground facilities located, as of the effective date of this section in town's ROW or another location within the UDU District, may remain but may not be replaced or relocated without prior written authorization of the Council.
(Res. 2017-2, passed 4-28-2017)