§ 50.12  UNDERGROUND AND BURIED UTILITIES DISTRICT.
   (A)   Purpose. The purpose of this section is to adopt a local policy regarding the designation of locations within the incorporated areas of the town as underground or buried utility areas pursuant to I.C. 8-1-32.3-15(c)(1).
   (B)   Designation. The town, through its Town Council, hereby establishes an underground and buried utilities district (the “area”) to be in effect April 29, 2017, and to apply throughout the town’s rights-of-way and granted utility easements, 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)   In all other areas of the town’s rights-of-way throughout the town, or in a utility easement granted by the town, whether or not above ground utilities or utility facilities currently exist.
   (C)   Restrictions. With respect to the construction, placement, or use of a small cell facility and the associated support structure, the Town Council hereby restricts and prohibits the placement of new utility poles or new wireless support structures in the designated area of the town rights-of-way as outlined in this section, except as otherwise permitted in division (D) below.
   (D)   Exceptions. Notwithstanding the restrictions and prohibitions contained in division (C) above, the following provisions shall be met and the following exceptions are hereby permitted:
      (1)   Collocation of small cell facilities on existing utility poles and wireless support structures within the incorporated areas of the town are hereby allowed;
      (2)   Repair and/or replacement of existing utility poles and wireless support structures within the incorporated areas of the town are hereby allowed;
      (3)   A petition for a request to install new utility poles or new wireless support structures within the incorporated areas of the town may be filed with the Town Council, which shall hold a public hearing on such petition within 30 days of the filing, and upon which a decision shall be made by the Town Council within 60 days of the filing;
      (4)   Upon receipt of a petition 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 the incorporated areas of the town, the town shall post notice of the petition on the town’s internet website with a statement that the petition is available to the public, upon request; and
      (5)   The prohibition or other restrictions with respect to the placement of new utility poles or new wireless support structures within the incorporated areas of the town shall be applied in a nondiscriminatory manner.
(Res. 4 of 2017, passed 4-29-2017)