(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 Town 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 apartments;
(6) All areas and parcels of property within the town zoned for park or open space;
(7) All areas and parcels of property within the town zoned agricultural;
(8) All areas and parcels of property within the town zoned commercial or business;
(9) All areas and parcels of property within the town zoned industrial;
(10) All areas and parcels of property within the town zoned institutional;
(11) All areas and parcels of property within the town zoned for planned unit development;
(12) All areas and parcels of property containing rights-of- way or proposed rights-of-way, where no above-ground facilities currently exist;
(13) All areas and parcels of property containing rights-of- way or proposed rights-of-way, whether or not above-ground facilities currently exist therein;
(14) All areas and parcels of property containing platted or granted utility easements, where no above-ground facilities currently exist; and
(15) 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), 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 discretion.
(C) Unless otherwise expressly authorized by the Council, from and after the effective date of this resolution, 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 resolution, all utilities and utility devices, equipment, lines, conduits, and related facilities to be placed within the town’s rights-of-way shall be placed underground.
(E) With the exception of utility poles and wireless support structures, all above-ground facilities located within the town’s rights-of-way or another location within a SUBU area as of the effective date of this resolution, may remain but may not be replaced or relocated without prior written authorization of the Council; existing utility poles and existing wireless support structures within SUBU areas may be replaced but not relocated. The collocation of small cell facilities shall be permitted on existing utility poles and wireless support structures within SUBU areas.
(F) Upon receipt of an application for the construction, placement, or use of a small cell facility on one or more new utility poles or one or more new wireless support structures in a SUBU area, the town shall post notice of the application on the town’s website. The notice of the application required by this clause must include a statement indicating that the application is available to the public upon request.
(G) The prohibition and other restrictions with respect to the placement of new utility poles or new wireless support structures within the SUBU areas shall be applied in a nondiscriminatory manner.
(H) Neighborhood associations and homeowners associations my register with the town to receive notice by United States mail of any application filed with the town for the construction, placement, or use of a small cell facility on one or more new utility poles or one or more new wireless support structures in an area within the jurisdiction of the neighborhood association or homeowners association. The town shall post on the town’s website instructions for how a neighborhood association or homeowners association may register to receive notice under this section.
(Res. 2017-03, passed 4-29-17)