HomeMy WebLinkAboutD-2492-19 Establishing an Underground and Buries Utilities DistrictSPONSOR: Councilor Worrell
20449483.1
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. Chapter 6, Article 9, Section 6-245 of the Carmel City Code should be and is
hereby amended as follows:
{additions are in underline face type and deletions are in strikeout face type}
“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 (1) through (4) 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 and
useful in supplying electric, communication or similar associated services (“Construction”),
unless authorized by the City.
Ordinance D-2492-19
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