(A) A strictly underground and buried utilities area (SUBU Area) is hereby established effective April 29, 2017, and continuing into perpetuity unless otherwise acted upon by this Council, and all of the following described areas of the town’s current and future corporate boundaries are designated as SUBU Areas:
(1) All areas and parcels of property within the town where no above ground facilities currently exist;
(2) All undeveloped areas and parcels of property within the town where no above ground facilities currently exist;
(3) All areas and parcels of property within 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;
(4) All areas and parcels of property within the town zoned residential;
(5) All areas and parcels of property within the town zoned for park or open space;
(6) All areas and parcels of property within the town zoned agricultural;
(7) All areas and parcels of property within the town zoned commercial or business;
(8) All areas and parcels of property within the town zoned industrial;
(9) All areas and parcels of property within the town zoned institutional;
(10) All areas and parcels of property within the town zoned for planned unit development;
(11) All areas and parcels of property containing rights-of-way or proposed rights-of way, where no above ground facilities currently exist;
(12) All areas and parcels of property containing rights-of-way or proposed rights-of way,
whether or not above ground facilities currently exist therein;
(13) All areas and parcels of property containing platted or granted utility easements, where no above ground facilities currently exist; and
(14) All areas and parcels of property containing platted or granted utility easements, whether or not above ground facilities currently exist therein.
(B) Notwithstanding division (A) above, any utility, or other person or entity, that requires construction, placement, or use of above ground facilities within a SUBU Area, may submit an application to the Council requesting a waiver to install new above ground facilities within the SUBU Area, which waivers shall be considered in the Council’s sole consideration and discretion.
(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 a SUBU Area, 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 to be placed within the town’s ROW shall be placed underground.
(E) With the exception of utility poles and wireless support structures, all above ground facilities located within the town’s ROW or another location within a SUBU Area as of the effective date of this section, may remain but may not be replaced or relocated without prior written authorization of the Council; existing utility poles and existing wireless support structures may be replaced but not relocated.
(Res. 2017-001, passed 4-28-2017)