The City hereby designates the following areas as strictly underground or buried utility areas except as otherwise indicated on Exhibits A and B attached to Ordinance 1677.
(a) See Ordinance 1677 attached Exhibits A and B and incorporate therein.
(EDITOR’S NOTE: Exhibits A and B as mentioned in subsection 969.02(a) are maps that are available for review at Union City Hall, in the office of the Clerk of Council.)
(b) All areas of the City where no overhead or above ground utilities, utility facilities, overhead lines, or associated overhead structures used or useful in supplying electric, communication, or similar or associated services currently exist;
(c) All rights-of-way within or adjacent to areas zoned for residential use;
(d) All areas of the City where planned road projects, redevelopment areas, 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;
(e) All other rights-of-way through out the City, whether or not above ground utilities or utility facilities currently exist;
(f) The City shall allow collocation of small cell facilities on existing utility poles and wireless support structures and there placement of existing utility poles and wireless support structures within the designated areas;
(g) Notwithstanding subsections (a) through (f) above and as required by Ohio R.C. 4939.0314(G), any utility requesting construction, placement or use of a small cell facility in an area designated as strictly underground or as a buried utility area may submit an application to the City Manager or his designee requesting a waiver to install new utility pole or wireless support structures within an area designated solely for buried underground utilities. Any prohibition or restriction with respect to the placement of new utility poles or new wireless support structures within a designated area shall be applied in a nondiscriminatory manner; and
(h) As used in subsections (b) through (f) above, the term "City" includes all area within the corporate boundaries of the City of Union, as of the effective date of this Ordinance, all areas within any territory that is subsequently annexed into the corporate boundaries of the City of Union, and any later-acquired right-of-way. (Ord. 1677. Passed 5-14-18.)