§ 159.082  OTHER UTILITIES.
   (A)   Location.  All newly installed utility facilities, including but not limited to gas, electric power, telephone, and CATV cables, shall be located underground wherever possible.  Whenever existing utility facilities are located above ground, except when existing on public roads and rights-of-way, they shall be removed and placed underground. Underground service connections to the street property line of each platted lot shall be installed at the developer's expense.  At the discretion of the Planning Commission, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use.
   (B)   Easements.
      (1)   Except for sanitary sewer utilities, easements provided for utilities (private and municipal) shall be negotiated and accepted by those utilities.  Easements shall be indicated on the plat or development plan.  Proper coordination shall be established between the developer and the applicable utility companies for the establishment of utility easements on adjoining properties.
      (2)   When topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, easements at least ten feet in width shall be provided along side lot lines with satisfactory access to the road or rear lot lines.  Easements shall be indicated on the plat or development plan.
      (3)   Easements for sanitary sewer utilities shall be as provided for in § 159.080(B)(1).
   (C)   Placement of any new utility pole(s) or any new wireless structure(s) prohibited.
      (1)   The city hereby prohibits the placement of any new utility pole(s) or any new wireless structure(s) within an existing or future public right-of-way or utility easement, if the right-of-way or easement only permits underground or buried utilities.
      (2)   Notwithstanding any other ordinance, policy, rule, or prohibition of the city, the Common Council expressly prohibits the issuance of an improvement permit for any future development within the city, unless all utilities serving the development are underground or buried within right-of-way or utility easements that are solely for underground or buried utilities. This provision shall not apply if the site of the development is currently served by above-ground utilities.
      (3)   From and after October 10, 2017, the effective date of Ord. 13-04-17A, no person, corporation or utility shall erect or construct, within the city's right-of-way or a utility easement, any new pole, overhead line or associated overhead structure used or useful in supplying electric, communication or similar associated services, and the part of the rights-of-way used for location of utilities shall be designated strictly for underground or buried utilities.
      (4)   All overhead poles, wires, and/or utility transmission lines, existing on October 10, 2017, the date of Ord. 13-04-17A, may remain within the city's right-of-way, but may not be replaced or relocated without prior written authorization of the Board of Public Works and Safety (“the Board”). However, this provision shall not require approval of the repair or replacement of any utility facilities that are necessary to provide service to existing customers of the utility, and the location of the replacement facilities is substantially similar to the previous facilities.
      (5)   Any requests to install new utility pole(s) or new wireless structure(s) prohibited by this division may be presented as an appeal to the Board. The Board may, after hearing, approve the application upon a showing that:
         (a)   There is no other reasonable location for the construction of the new utility pole(s) or the new wireless structure(s) that will provide cell service to designated citizens of the city; and
         (b)   The authorization for the construction is in the best interest of the health, safety and welfare of the citizens of the city.
      (6)   Notwithstanding the restriction above, this division permits the collocation of small cell facilities on existing:
         (a)   Utility poles; and
         (b)   Wireless support structures;
within the rights-of-way or utility easements.
      (7)   This division permits the replacement of existing:
         (a)   Utility poles; and
         (b)   Wireless support structures;
within the rights-of-way or utility easements.
      (8)   Upon receipt of an application for the construction, placement or use of a small cell facility on one or more new utility pole(s) or one or more new wireless support structure(s) in an area designated strictly for underground or buried utilities, the city shall post notice of the application on the city's website.
      (9)   The prohibition or other restrictions with respect to the placement of new utility pole(s) or new wireless support structure(s) within the rights-of-way or easements shall be applied in a nondiscriminatory manner.
      (10)   The city shall allow a homeowners’ association to register with the city to receive notice by United States mail of any application filed with the city for the construction, placement or use of a small cell facility on one or more new utility poles or one or more new wireless support structures in the area within the jurisdiction of the or homeowners’ association.  The city shall post on the city's website instructions for a homeowners’ association to register to receive notice under this division.
      (11)   An applicant for the placement of a small cell facility and an associated supporting structure shall comply with applicable:
         (a)   Federal Communications Commission requirements; and
         (b)   Industry standards;
for identifying the owner's name and contact information.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 55-12-02, passed 1-14-03; Am. Ord. 33-6-04, passed 7-13- 04; Am. Ord. 13-04-17, passed 4-25-17; Am. Ord. 13-04-17A, passed 10-10-17)