(A) Overhead parallel facilities. Overhead parallel facilities are discouraged and may not be permitted. If permitted, an overhead parallel facility may be located within the right-of-way lines of a public street only if:
(1) Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;
(2) Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet behind the face of the curb, where available;
(3) Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet outside the outer shoulder line of the roadway and are not within the clear zone;
(4) No pole is located in the ditch line of a public street; and
(5) Any ground-mounted appurtenance is located within one foot of the right-of-way line or as near as possible to the right-of-way line.
(B) Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a public street only if:
(1) The facility is located as near the right-of-way line as practicable and not more than eight feet from and parallel to the right-of-way line;
(2) A new facility may be located under the paved portion of a public street only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and
(3) In the case of an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and not more than five feet from the right-of-way line and any above-grounded appurtenance shall be located within one foot (0.3 m) of the right-of-way line or as near as practicable.
(C) Facilities crossing public streets.
(1) No future disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of public streets may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities.
(2) Culverts, or drainage facilities. Crossing facilities shall not be located in culverts or drainage facilities.
(3) Ninety degree crossing required. Crossing facilities shall cross at or as near to a 90 degree angle to the centerline as practicable.
(4) Overhead power or communication facility. An overhead power or communication facility shall not interfere with traffic signalization, sign visibility or town enhancement. It may cross a public street only if:
(a) Poles are located within one foot of the right-of-way line of the public street and outside of the clear zone; and
(b) Overhead crossings at major intersections are avoided.
(5) Underground power or communication facility. An underground power or communication facility may cross a public street only if:
(a) The design materials and construction methods will provide maximum maintenance-free service life; and
(b) Capacity for the utility's foreseeable future expansion needs is provided in the initial installation.
(6) Markers. The town may require the utility to provide a marker at each right-of-way line where an underground facility other than a power or communication facility crosses a public street. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current federal regulations. (49 C.F.R. 192.707 (1989)).
(D) Facilities to be located within particular rights-of-way. For new construction, the town may require that facilities be located within particular rights-of-way that are not public streets, rather than within particular public streets.
(E) Freestanding facilities.
(1) The town may restrict the location and size of any freestanding facility located within a right-of-way.
(2) The town may require any freestanding facility located within a right-of- way to be screened from view.
(F) Appearance standards.
(1) The town may prohibit the installation of facilities in particular locations in order to preserve visual quality.
(2) A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the public street user or impair the aesthetic quality of the lands being traversed.
(G) Above ground installation. Above ground facilities may be installed only if:
(1) No other existing facilities in the area are located underground;
(2) New underground installation is not technically feasible; and
(3) The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single-pole construction with vertical configuration of conductors and cable.
(H) Public utilities in residential subdivisions.
(1) All public, quasi-public or private utility lines for telecommunications, electrical, gas, cable TV or similar services shall be placed in easements and entirely underground in residential subdivisions. Where public, quasi-public or private service lines are placed underground entirely throughout a subdivided area, said conduits or cable shall be placed within easements or dedicated public ways in a manner which will not conflict with other underground services.
(2) Utility installation. All utility equipment boxes shall be located so as to not be unsightly or hazardous to the public. Utility equipment exceeding a volume of 200 cubic feet in size shall be placed a minimum of 25 feet away from the edge of the pavement when located along a public roadway. When installed in a residential district, utility equipment shall be placed within easements or public rights-of-way adjacent to rear or side yards. Utility equipment boxes shall be grouped in clusters to the greatest extent possible. No more than four utility equipment boxes shall be placed in a cluster. Clusters shall not occupy more than 160 square feet of surface area when a rectangular perimeter is measured around all boxes.
(3) No more than one cluster of utility boxes shall be located on a public utility easement on a lot of record or public right of way adjacent to one lot of record. Utility boxes shall be 150 feet apart, unless clustered. If engineering techniques as approved by the town do not allow a distance of 150 feet, the town may approve a shorter distance.
(4) All gas mains shall be placed within the street right-of-way or within easements.
(5) Underground work, either the installation of or the repair of existing sewer and water systems, cannot commence until the appropriate public or quasi-public utilities are staked.
(Ord. 2008-01, passed 9-9-2008)