(A) The town hereby establishes an underground and buried utilities district (“area”) to be in effect and to apply throughout the town’s ROW, and is hereinafter defined as follows:
(1) In all areas of the town where no 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) In 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 areas of ROW or proposed ROW throughout the town, whether or not above ground utilities or utility facilities currently exist.
(4) Notwithstanding divisions (A)(1) through (A)(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 Works Board requesting a waiver to install new utility poles or new wireless support structures within the area.
(B) From and after the effective date of this section, no person, corporation, or utility shall erect or construct within the town’s ROW, 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 Works Board, all utilities located within the town’s ROW shall be placed underground and/or buried.
(D) All existing overhead poles, wires, and/or utility transmission lines may remain within the town’s ROW, but may not be replaced or relocated without prior written authorization of the Works Board.
(Ord. 2017-6, passed 4-28-17)