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HomeMy WebLinkAboutD-2395-17 Codifies 04-28-17-01Sponsor: Councilor Finkam ORDINANCE NO. D-2395-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ADDING CHAPTER 6, ARTICLE 9. SECTION 6-245 TO THE CARMEL CITY CODE Synopsis: This ordinance codifies Carmel Board of Public Works and Safety Resolution 04-28-17- 01, which established an Underground and Buried Utilities District, thereby requiring that all new utilities located within City of Carmel Rights -of -Way and/or a granted utility easement be placed underground or buried. WHEREAS, the City of Carmel, Indiana ("City"), pursuant to I.C. 8-1-2-101, may determine by ordinance the provisions upon which a public utility or department of public utilities created under I.C. 8-1-11.1 occupies the areas along, under, upon and across the streets, highways, or other public property within the City; and WHEREAS, the City, pursuant to I.C. 8-1-32.3-15, enjoys control over the public rights-of-way within its corporate limits, including, but not limited to the placement of utility poles and wireless service facilities by a public utility, communications service provider, municipality, or rural electric cooperative; and WHEREAS, the City, pursuant to I.C. 36-9-2-7, may regulate the use of public ways; and WHEREAS, for the past two decades, the City has established a policy and practice to require utilities and utility facilities located in the rights-of-way ("ROW') to be buried or placed underground; and WHEREAS, I.C. 8-1-32.3-15, as amended by P.L. 145-2015, Section 3, authorized the City to establish and designate an Underground and Buried Utilities District by May 1, 2017; and WHEREAS, in compliance with IC 8-1-32.3-15, as amended by P.L. 145-2015, Section 3, the City's Board of Public Works (`BPW') adopted BPW Resolution No. 04-28-17-01 on April 28, 2017 (the "Resolution") establishing an Underground and Buried Utilities District to be in effect April 30, 2017 that applies throughout the City's ROW and granted utility easements; and WHEREAS, public necessity, health and safety now require that the City adopt this Ordinance to codify in the City's Code of Ordinances the requirements set forth in the Resolution so that all new utilities located within the City's ROW and/or a granted utility easement shall be placed underground or buried, and to prohibit the erection of all poles, overhead lines, and associated overhead structures used or useful in supplying electric, communication, or similar and associated services within the City's ROW or granted utility easements. NOW, THEREFORE, IT IS AGREED AND ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing recitals are incorporated herein by this reference. Ordinance D-2395-17 Page One of Four Pages This Ordinance was prepared by Randy Seger, Esq., Bingham Greenbaum Doll LLP. Sponsor: Councilor Finkam Section 2. Chapter 6, Article 9, Section 6-245 should be and the same is hereby added to and made part of the Carmel City Code and shall read as follows: "6-245 Underground and Buried Utilities District (a) An Underground and Buried Utilities District (the "District") has been established by the BPW on April 28, 2017 and is effective April 30, 2017, and such District applies throughout the City's ROW and granted utility easements. The District consists of the following: (1) 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 and associated services currently exist; (2) All areas of the City 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; (3) All other areas of ROW or proposed ROW throughout the City, or in a utility easement granted by the City, whether or not above ground utilities or utility facilities currently exist; (4) All areas of the City that would require compliance with previously adopted ordinances, including Ordinance D-1479-00 (pertaining to the provision of cable service and the placement of cable facilities underground) and Ordinance D-2355-17 (pertaining to the erection of new wireless support structures and small cell facilities, the collocation of wireless support structures and small cell facilities, and the modification of existing wireless support structures and small cell facilities, within the City's ROW). (5) Notwithstanding subsections (a) through (d) above, any utility that requires construction, placement, or use of a small cell facility in the District may submit an application to the BPW requesting a waiver to install new utility poles or new wireless support structures within the District pursuant to provisions stated in the City's Ordinance D- 2355-17, as amended. (b) From and after April 30, 2017, no person, corporation, or utility shall erect or construct within the District, any pole, overhead line, or associated overhead structure used or useful in supplying electric, communication or similar associated services. (c) Pursuant to I.C. 8-1-32.3-8, the BPW is the City's permit authority. Unless expressly authorized by the BPW, all utilities located within the District shall be placed underground and/or buried. Ordinance D-2395-17 Page Two of Four Pages This Ordinance was prepared by Randy Seger, Esq., Bingham Greenbaum Doll LLP. Sponsor: Councilor Finkam (d) All existing overhead poles, wires, and/or utility transmission lines ("Existing Facilities") may remain within the District, but may not be replaced or relocated without prior approval of the BPW. Any relocation of Existing Facilities is subject to requirements set forth in the City's Ordinance D-2368- 17 (pertaining to the relocation of public utility facilities in areas along, under, upon and across City streets, highways and other public property)." Section 3. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of the same can be given the same effect. Section 4. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as required by law. [signature page follows] Ordinance D-2395-17 Page Three of Four Pages This Ordinance was prepared by Randy Seger, Esq., Bingham Greenbaum Doll LLP. Sponsor: Councilor Finkam PASSED by the Common Council of the City of Carmel, Indiana, this 6 day of 2017, by a vote of ayes and -0— nays. Sue D. Rider, Vice -President Laura D. Campbell Rona d E. Cartex, F11 N COUNCIL FOR THE CITY OF S. Pauley,,Clerk-Treasurer H. Bruce Kimball Jefflvw Presented by me to the Mayor of the City of Car Q � 6d"r 2017, at 'Do.a.m. Approved by me, Mayor of the City -ooCarmel, Indiana, this /U©y 2017, at _ 9.M Ordinance D-2395-17 Page Four of Four Pages day of ;Knes Brainard, Mayor This Ordinance was prepared by Randy Seger, Esq., Bingham Greenbaum Doll LLP.