(A) The town hereby designates and establishes as an area strictly for underground or buried utilities (the “designated area”), to be applied in the town rights-of-way and granted utility easements located in the following:
(1) All areas of the town except the physical space where 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) All areas of the town where proposed 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 associated services;
(3) All areas of the town that have approved platted subdivisions and/or have neighborhood covenant restrictions that require underground buried utilities and utility facilities, including but not limited to electric, communication or similar associated services; and
(4) All areas of right of way or proposed right-of-way throughout the town, or in a utility easement granted by the town, whether or not above ground utilities or utility facilities currently exist.
(B) The above designation shall be true and effective for any permit authority (as defined by I.C. 8-1-32.3-8 or as amended or renumbered), under the Council’s authority and/or jurisdiction.
(Ord. 2017-007, passed 4-28-2017)