(a) The purpose of this Resolution is to adopt a policy regarding the designation of locations within the City as underground or buried utility areas pursuant to Ohio R.C. 4939.0314(G).
(b) Council hereby designates the following areas as strictly underground or buried utility areas:
(1) All areas of the City where no overhead or aboveground utilities, utility facilities, overhead lines, or associated overhead structures used or useful in supplying electric, communication, or similar or associated services currently exist;
(2) All areas of the City where provisions of the Codified Ordinances of the City of Wyoming or any regulation of the City of Wyoming require the undergrounding or burial of utility facilities;
(3) All areas of the City where planned road projects, planned developments, special use developments, 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;
(4) All areas of the City governed by the declarations, rules, or by-laws, of a condominium association or homeowner's association, where such declarations, rules or by-laws provide for and require underground buried utilities and utility facilities, including but not limited to electric, communication, or similar associated services;
(5) Notwithstanding subsections (a) through (d) above and in accordance with Ohio R.C. 4939.0314(G)(2), the City shall allow collocation of small cell facilities on existing utility poles and wireless support structures and the replacement of existing utility poles and wireless support structures within the designated areas;
(6) Notwithstanding subsections (a) through (d) above and in accordance with Ohio R.C. 4939.0314(G)(3), any utility requesting construction, placement, or use of a small cell facility in an area designated as a strictly underground or buried utility area may submit an application to the Public Works Director requesting a waiver under Section 907.05(d) of the Codified Ordinances to install new utility poles or wireless support structures within an area designated solely for underground or buried 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.
(c) Nothing in this Resolution shall prohibit:
(1) The temporary aboveground location of utility facilities during construction or emergency conditions;
(2) Renewal, reinstallation, relocation, replacement, repair or maintenance of aboveground utility facilities existing as of the effective date of this Resolution; and
(3) Aboveground utilities and utility lines as determined appropriate and authorized by the Public Works Director.
(Res. 11-2018. Passed 7-16-18.)