Chapter 15.41
SMALL CELL AND TELECOMMUNICATION FACILITIES
Sections:
15.41.020 Small cell and telecommunication facilities – Applicability.
15.41.050 New wireless support structures.
15.41.060 Substantial modification.
15.41.080 Construction, placement or use of small cell facilities.
15.41.090 Construction requirements.
15.41.100 Reserved for future use.
15.41.110 Underground and buried utilities district.
15.41.010 Applicability.
This chapter shall apply to all rights-of-way (“ROW”) within the town of Highland, Indiana (the “town”), as designated from time to time, and is intended to implement provisions of IC 8-1-32.3. [Ord. 1688 § 1, 2018].
15.41.020 Small cell and telecommunication facilities – Applicability.
HMC 15.41.020 through 15.41.090 shall apply throughout the entire town’s ROW. [Ord. 1688 § 1, 2018].
15.41.030 Definitions.
(A) “Antenna” means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.
(B) “Base station” means a station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.
(C) “Co-location” means the placement or installation of wireless facilities on existing structures that include a wireless facility, small cell facility, or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement, or modification of wireless facilities within an approved equipment compound.
(D) “Communications service provider” has the meaning set forth in IC 8-1-2.6-13.
(E) “Construction plan” when referring to:
(1) A new wireless support structure means a written plan for construction that demonstrates that the aesthetics of the wireless support structure are substantially similar to the street lights located nearest the proposed location; includes the total height and width of the wireless facility and wireless support structure, including cross section and elevation, footing, foundation and wind speed details; a structural analysis indicating the capacity for future and existing antennas, and the identity and qualifications of each person directly responsible for the design and construction; and signed and sealed documentation from the applicant that shows the proposed location of the wireless facility, small cell facility, or wireless support structure, and all easements and existing structures within 1,200 feet of such wireless facility, small cell facility, or wireless support structure.
(2) A substantial modification of wireless support structure means a plan that describes the proposed modifications to the wireless support structure, and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment.
(F) “Electrical transmission tower” means a structure that physically supports high voltage overhead power lines. The term does not include a utility pole.
(G) “Equipment compound” means the area that: (1) surrounds or is near the base of a wireless support structure or small cell facility; and (2) encloses wireless facilities.
(H) “Existing structure” does not include a utility pole or an electrical transmission tower.
(I) “Micro wireless facility” means a small cell facility to which both of the following apply: (1) the small cell facility is not larger in dimension than: (a) 24 inches in length; (b) 15 inches in width; and (c) 12 inches in height; (2) if the small cell facility has an exterior antenna, the exterior antenna is no longer than 11 inches.
(J) “Permit authority” means the town’s board of works.
(K) “Person” means a corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
(L) “Rights-of-way” shall have the meaning as set forth in IC 8-1-2-101, as if stated verbatim herein.
(M) “Small cell facility” means: (1) a personal wireless service facility (as defined by the Federal Telecommunications Act of 1996 as in effect on July 1, 2015); or (2) a wireless facility that satisfies the following requirements: (a) each antenna, including exposed elements, has a volume of six cubic feet or less; and (b) the primary equipment enclosure located with the facility has a volume of 28 cubic feet or less. The volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment enclosure:
(1) Electric meters.
(2) Concealment equipment.
(3) Telecommunications demarcation boxes.
(4) Ground based enclosures.
(5) Back-up power systems.
(6) Grounding equipment.
(7) Power transfer switches.
(8) Cut off switches.
(N) “Small cell network” means a collection of interrelated small cell facilities designed to deliver wireless service.
(O) “Substantial modification of a wireless support structure” means the mounting of a wireless facility on a wireless support structure in a manner that: (1) increases the height of the wireless support structure by the greater of: (a) 10 percent of the original height of the wireless support structure; or (b) 20 feet; (2) adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of: (a) 20 feet; or (b) the width of the wireless support structure at the location of the appurtenance; or (3) increases the square footage of the equipment compound in which the wireless facility is located by more than 2,500 square feet. The term “substantial modification” does not include the following: (1) increasing the height of a wireless support structure to avoid interfering with an existing antenna; (2) increasing the diameter or area of a wireless support structure to: (a) shelter an antenna from inclement weather; or (b) connect an antenna to the wireless support structure by cable.
(P) “Utility pole” means a structure that is: (1) owned or operated by: (a) a public utility; (b) a communications service provider; (c) a municipality; (d) an electric membership corporation; or (e) a rural electric cooperative; and (2) designed or used to: (a) carry lines, cables, or wires for telephony, cable television, or electricity; (b) provide lighting; (c) provide traffic control; or (d) provide signage.
(Q) “Wireless communications service” means services, whether mobile or at a fixed location, that are provided using wireless facilities through licensed or unlicensed spectrum.
(R) “Wireless facility” means the set of equipment and network components that are: (1) owned and operated by a communications service provider; and (2) necessary to provide wireless communications service. The term does not include a wireless support structure.
(S) “Wireless support structure” means a freestanding structure that is: (1) designed to support, or (2) capable of supporting, wireless facilities. The term does not include a utility pole or an electrical transmission tower. [Ord. 1688 § 1, 2018].
15.41.040 General standards.
(A) Permits. A person that provides wireless communications service or otherwise makes available infrastructure for wireless communications service must apply for a permit through the permit authority to (1) construct or locate a new small cell facility or wireless support structure; (2) perform a substantial modification to a wireless support structure; or (3) co-locate wireless facilities on existing structures.
(B) Permit Fee. The permit fee for each application submitted under this chapter is $100.00, excluding:
(1) Any fees for the construction, placement or use of small cell facilities on utility poles owned or controlled by the town;
(2) Road cut permit fees pursuant to Chapter 8.15 HMC;
(3) Electric permit fees pursuant to Chapter 15.05 HMC.
(C) Antenna Shielding Preference. The town desires to maintain the beauty of its community. Where possible, applicants shall place the antenna inside the pole when erecting a new pole or replacing a current pole.
(D) Co-location Preference. The permit authority may propose, as an alternative location for a proposed small cell facility or wireless facility, that the facility be co-located on an existing utility pole or on an existing wireless support structure, if the existing utility pole or the existing wireless support structure is located within 50 feet of the location proposed in the application.
(E) Specifications. New wireless facilities and wireless support structures located within the town’s ROW shall meet the following specifications:
(1) Overall maximum antenna and tower height: 35 feet from AGL (at grade level). The antenna, including antenna panels, whip antennas, or dish-shaped antennas, cannot have a surface area of more than seven square feet.
(2) Minimum Tower Separation and Clearance Requirements. Wireless support structures may be attached to a utility pole, existing wireless support structures or small cell facilities and town-owned infrastructure only where such pole, structure or infrastructure is located no closer than a distance equal to 100 percent of the height of such facility to any residential building and no closer than 1,200 feet from any other personal wireless telecommunication facility. If the facilities are located in the public ROW, a separation or lesser clearance may be allowed by the permit authority by an administrative variance to this chapter when the applicant establishes that the lesser separation or clearance is necessary to close a significant coverage or capacity gap in the applicant’s services, or to otherwise provide adequate services to customers, and the proposed antenna or facility is the least intrusive means to do so within the ROW.
(3) Wireless support structures or small cell facilities must consist of metal poles matching the town’s street light poles, per engineering specifications as may be amended from time to time by the town’s board of works. Wireless support structures and small cell facilities shall include luminaires that match the town’s specifications for lighting and be maintained in good working order at the cost of the applicant, including, but not limited to, the cost of electricity. Any antenna equipment, components, or facilities mounted to the support structures (antenna or other permitted equipment) shall also be matching in color to the pole.
(4) All facility equipment at a single facility, with the exception of the antenna itself, shall be ground-mounted in a cabinet having an area not to exceed 40 cubic feet and no greater than 48 inches overall height. Under special circumstances based on a mutual agreement, the permit authority may allow a pole-mounted cabinet with dimensions not exceeding 20 inches by 20 inches by six inches, ground-mounted cabinet not to exceed two feet by two feet by one foot and shrouding and landscaping to mitigate the visual impact of the equipment. If a mutual agreement cannot be reached, the town’s board of works shall intervene and make a determination.
(5) All support structures shall have a plaque identifying the structure, the owner and the owner’s contact information, and said plaque shall not exceed 0.25 square feet.
(6) All wiring and fiber shall be concealed within the wireless support structure or small cell facility, and all conduit, wiring and fiber shall be buried between structures and/or structures and ground-mounted cabinets. All service lines (e.g., electric lines) to the wireless support structure or small cell facility must be buried, unless the service lines in the area adjacent to the wireless support structure or small cell facility are aerial. If so, the service lines to the wireless support structure or small cell facility can also be aerial, except for any service drop crossing a street or roadway. In this situation, the service lines would need to be bored and located under such street or roadway.
(7) Wireless support structures and small cell facilities and their components shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment and the entire facility shall be aesthetically and architecturally compatible with its environment. The use of materials compatible with the surrounding environment is required for associated support structures, which shall be designed to architecturally match the exterior of residential or commercial structures within the neighborhood or area. Specific requirements for the aesthetics of the wireless support structures and small cell facilities and their components shall be in accordance with standards established by the town’s board of works, from time to time.
(8) Grounding. The wireless support structure or small cell facility, and its components, must be grounded in accordance with the requirements of the electrical code currently in effect in the town.
(F) Continued Operation. A person receiving a permit for: (1) new construction of a wireless support structure; (2) substantial modification of a wireless support structure; (3) co-location of wireless facilities on an existing structure; or (4) construction, placement and use of small cell facilities inherently agrees that if the wireless support structure, small cell facility, or wireless facilities are not used for the intended purpose for a period of six consecutive months, they will be removed by the facilities owner at its expense. Should such owner fail to remove the wireless support structure, small cell facility, or wireless facility after 30 business days from the date a notice of violation is issued by the town, the town may remove such structure or facilities and bill the owner for the costs of removal and cleanup of the site. A failure to timely pay such fee may result in the imposition of a lien against the facility owner and the prohibition of the issuance of a new permit under this chapter. The owner of any facility shall annually file a copy of any inspections completed on such wireless support structure, small cell facility or wireless facilities with the permit authority for continued operation with the use of the wireless support structure, small cell facility, or wireless facilities.
(G) Confidential Information. All confidential information submitted by an applicant shall be maintained to the extent authorized by IC 5-14-3 et seq. [Ord. 1688 § 1, 2018].
15.41.050 New wireless support structures.
(A) Contents of Application. An application for a new wireless support structure permit shall include the following:
(1) A statement that the applicant is a person that either provides wireless communications service or owns or otherwise makes available infrastructure required for that service.
(2) The name, business address, and point of contact for the applicant.
(3) The location of the proposed or affected wireless support structure or wireless facility.
(4) A construction plan, as defined herein, that describes the proposed wireless support structure, the height of the proposed structure, and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment sufficient to determine compliance with the standards set forth herein. The construction plan must also include evidence of conformance with all applicable building permit requirements.
(5) Evidence supporting the choice of location, including, without limitation, a sworn statement from the individual responsible for the choice of location demonstrating that co-location of wireless facilities on an existing wireless support structure was not a viable option because co-location:
(a) Would not result in the same wireless service functionality, coverage and capacity;
(b) Is technically infeasible; or
(c) Is an economic burden to the applicant.
(B) Application. An applicant may submit one application requesting no more than five wireless service facilities permits. The permit authority may issue a single permit for all wireless support structures included in the application rather than individual permits for each wireless support structure.
(C) Variances. If the proposed wireless support structure is not a permitted use under an applicable zoning ordinance, the applicant shall additionally submit evidence showing that the application complies with the criteria for a variance of use from the terms of the zoning ordinance.
(D) Procedure/Review of Permit. The permit authority shall promptly review for completeness every application duly filed with the town which requests authorization to place or construct wireless support structures within the town’s ROW.
(1) Every applicant shall be notified within 10 business days of the town’s receipt of an application as to whether its application is complete.
(2) Within 90 days of receipt of the completed application, or not more than 120 days in any case in which the approval of a variance of use is necessary, the permit authority shall review the application to determine if the application complies with the standards set forth by this chapter and the permit authority.
(3) If the permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. An applicant that receives a written notice of incompletion may cure the defects and resubmit the application within 30 days of receiving the notice.
(4) If an applicant has requested additional time to amend its application or requested or agreed to a continuance during the review or hearing process, then the period of time prescribed above shall be extended for a corresponding amount of time.
(E) Written Determinations. A written determination shall state clearly the basis for the decision to approve or deny an application. If the permit authority denies an application, the written notice must include the basis for such denial. A notice is considered written if it is included in the minutes of a public meeting of the permit authority. If the permit authority approves an application, the permit is valid for 90 days. If the applicant fails to complete the work within 90 days, the permit is void and must be resubmitted.
(F) Failure to Notify. If the permit authority fails to notify an applicant in writing within 10 business days whether its application is complete, the application is considered complete. If the permit authority fails to notify an applicant within 90 days (or 120 days for zoning approval) whether its application has been approved or denied, the application shall be considered approved. If an applicant requested additional time to amend its application, then the 90-day (or 120-day) review period specified above shall be extended for a corresponding amount of time.
(G) Deadlines for Final Actions. For purposes of making a written determination either approving or denying an application, a reasonable period of time is not more than 90 days from the date that the applicant is notified that the application is complete, or not more than 120 days in any case in which the approval of a variance of use is necessary. If a use variance is deemed necessary by the permit authority, the BZA shall conduct a public hearing on the request and shall make a decision on the request at the meeting at which it is first presented. Decisions made by the BZA after a public hearing conducted in accordance with this section are considered zoning decisions for purposes of IC 36-7-4 and are subject to judicial review under the IC 36-7-4-1600 series. [Ord. 1688 § 1, 2018].
15.41.060 Substantial modification.
(A) Contents of Application. An application for substantial modification of a wireless support structure shall include:
(1) The name, business address, and point of contact for the applicant, and a statement that indicates the applicant is a person that either provides wireless communication service or owns or otherwise makes available infrastructure required for that service;
(2) The location of the proposed or affected wireless support structure; and
(3) A construction plan, as defined herein, that describes the proposed modifications to the wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment. The construction plan must also include evidence of conformance with all applicable building permit requirements.
(B) Application. An applicant may submit one application requesting modifications to no more than five wireless service facilities. The permit authority may issue a single permit for all wireless service facilities included in the application rather than individual permits for each wireless service facility.
(C) Variances. If the proposed substantial modification of a wireless support structure is not a permitted use under an applicable zoning ordinance, the application shall include evidence showing that the application complies with the criteria for a variance of use from the terms of the underlying zoning ordinance.
(D) Procedure/Review of Application. The permit authority shall promptly review for completeness every application duly filed with the town which requests authorization to modify wireless support structures in the town’s ROW.
(1) Every applicant shall be notified within 10 business days of the town’s receipt of an application as to whether its application is complete.
(2) Within 90 days of receipt of the completed application, or not more than 120 days in any case in which the approval of a variance of use is necessary, the permit authority shall review the application to determine if the application complies with the standards set forth by this chapter and the permit authority.
(3) If the permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. An applicant that receives a written notice of incompletion may cure the defects and resubmit the application within 30 days of receiving the notice.
(4) If an applicant has requested additional time to amend its application or requested or agreed to a continuance during the review or hearing process, then the period of time prescribed above shall be extended for a corresponding amount of time.
(E) Written Determinations. A written determination shall state clearly the basis for the decision to approve or deny an application. If the permit authority denies an application, the written notice must include such basis for denial. A notice is considered written if it is included in the minutes of a public meeting of the permit authority. If the permit authority approves an application, the permit is valid for 90 days. If the applicant fails to complete the work within 90 days, the permit is void and must be resubmitted.
(F) Failure to Notify. If the permit authority fails to notify an applicant in writing within 10 business days whether its application is complete, the application is considered complete. If the permit authority fails to notify an applicant within 90 days (or 120 days for zoning approval) whether its application has been approved or denied, the application shall be considered approved. If an applicant requested additional time to amend its application, then the 90-day (or 120-day) review period specified above shall be extended for a corresponding amount of time.
(G) Deadlines for Final Actions. For purposes of making a written determination either approving or denying an application, a reasonable period of time is not more than 90 days from the date that the applicant is notified that the application is complete, or not more than 120 days in any case in which the approval of a variance of use is necessary. If a use variance is deemed necessary by the permit authority, the board of zoning appeals shall conduct a public hearing on the request and shall make a decision on the request at the meeting at which it is first presented. Decisions made by the board of zoning appeals after a public hearing conducted in accordance with this section are considered zoning decisions for purposes of IC 36-7-4 and are subject to judicial review under the IC 36-7-4-1600 series. [Ord. 1688 § 1, 2018].
15.41.070 Co-location.
An application for a permit for co-location shall include:
(A) Contents of Application. An application for co-location of a wireless facility on an existing structure shall include:
(1) The name, business address, and point of contact for the applicant and a statement that indicates the applicant is a person that either provides wireless communication service or owns or otherwise makes available infrastructure required for that service;
(2) The location of the proposed or affected wireless support structure or wireless facility; and
(3) A construction plan that includes evidence of conformance with applicable building permit requirements.
(B) Application. An applicant may submit one application requesting no more than five wireless service facilities for co-location. The permit authority may issue a single permit for all wireless service facilities included in the application rather than individual permits for each wireless service facility.
(C) Procedure/Review of Application. The permit authority shall promptly review for completeness every application duly filed with the town which requests authorization to co-locate a wireless facility in the town’s ROW. Every applicant shall be notified within 10 business days of the town’s receipt of an application as to whether its application is complete.
Within 45 days of receipt of a completed application, the permit authority shall review the application to determine if the application complies with the standards set forth by this chapter and the permit authority. If the permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. An applicant that receives a written notice of incompletion may cure the defects and resubmit the application within 15 days of receiving the notice.
If an applicant has requested additional time to amend its application or requested or agreed to a continuance during the review or hearing process, then the period of time prescribed above shall be extended for a corresponding amount of time.
(D) Written Determinations. A written determination shall state clearly the basis for the decision to approve or deny an application. If the permit authority denies an application, the written notice must include the basis for such denial. A notice is considered written if it is included in the minutes of a public meeting of the permit authority.
(E) Failure to Notify. If the permit authority fails to notify an applicant in writing within 10 business days whether its application is complete, the application is considered complete. If the permit authority fails to notify an applicant within 45 days whether its application has been approved or denied, the application shall be considered approved. If an applicant requested additional time to amend its application, then the 45-day review period specified above shall be extended for a corresponding amount of time.
(F) Deadlines for Final Actions. For purposes of this co-location section a reasonable period of time is not more than 45 days from the date that the applicant is notified that the application is complete. An application for co-location only is not subject to a public hearing before the board of works, but the permit authority may review the application for compliance with applicable building permit requirements before issuing the applicant a permit. [Ord. 1688 § 1, 2018].
15.41.080 Construction, placement or use of small cell facilities.
(A) Exemption from Local Zoning. The placement of a small cell facility and the associated supporting structure in the town’s ROW is exempt from local zoning review if the total height of the structure supporting the small cell facility does not exceed the greater of:
(1) Fifty feet measured from grade; or
(2) The height of any utility pole in place on July 1, 2017, and within 500 feet of the proposed small cell facility, plus 10 feet.
(B) Contents of Application. An application for construction, placement or use of a small cell facility and associated supporting structure shall include:
(1) The name, business address, and point of contact for the applicant and a statement that indicates the applicant is a person that either provides wireless communication service or owns or otherwise makes available infrastructure required for that service;
(2) The location of the proposed or affected small cell facility and associated supporting structure; and
(3) A construction plan that includes evidence of conformance with applicable building permit requirements.
(C) Application. An applicant may submit one application for multiple small cell facilities that are located within the town and constitute a small cell network. The permit authority may issue a single permit for the small cell network rather than individual permits for each small cell facility.
(D) Procedure/Review of Application. The permit authority shall promptly review for completeness every application duly filed with the town, which requests authorization to construct, place or use a small cell facility and associated supporting structure in the town’s ROW.
(1) Every applicant shall be notified within 10 business days of the town’s receipt of an application as to whether its application is complete.
(2) Within 60 days of receipt of a completed application, the permit authority shall review the application to determine if the application complies with the standards set forth by this chapter and the permit authority. If the permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. An applicant that receives a written notice of incompletion may cure the defects and resubmit the application within 15 days of receiving the notice.
(3) If an applicant has requested additional time to amend its application, then the 60-day review period prescribed above shall be extended for a corresponding amount of time.
(E) Written Determinations. A written determination shall state clearly the basis for the decision to approve or deny an application. If the permit authority denies an application, the written notice must include the basis for such denial. A notice is considered written if it is included in the minutes of a public meeting of the permit authority. If the permit authority approves an application, the permit is valid for 90 days. If the applicant fails to complete the work within two years, the permit is void and must be resubmitted.
(F) Failure to Notify. If the permit authority fails to notify an applicant in writing within 10 business days whether its application is complete, the application is considered complete. If the permit authority fails to notify an applicant within 60 days whether its application has been approved or denied, the application shall be considered approved. If an applicant requested additional time to amend its application, then the 60-day review period specified above shall be extended for a corresponding amount of time.
(G) Deadlines for Final Actions. For purposes of this small cell facility section, a reasonable period of time is not more than 60 days from the date that the applicant is notified that the application is complete. An application for construction, placement or use of a small cell facility and additional supporting structure is not subject to a public hearing before the board of works, but the permit authority may review the application for compliance with applicable building permit requirements before issuing the applicant a permit.
(H) Construction, Placement or Use of Small Cell Facilities on a Utility Pole Owned by the Town.
(1) The fee for construction, placement or use of a small cell facility on a utility pole owned or controlled by the town shall be $50.00 per utility pole per year.
(2) For a utility pole used to provide communications service or electric service, the parties to the construction, placement, or use shall comply with the process for make ready work under 47 U.S.C. 224 and any associated implementing regulations. The town’s good faith estimate for any make ready work necessary to enable the utility pole to support the requested placement will include pole replacement to the extent necessary.
(3) If a utility pole does not support aerial facilities used to provide communications service or electric service, the town shall provide a good faith estimate for any make ready work necessary to enable the utility pole to support the requested construction, placement, or use, including pole replacement if necessary, not later than 60 days after the town’s receipt of a complete application. Make ready work, including any pole replacement, shall be completed not later than 60 days after the applicant’s written acceptance of the good faith estimate.
(4) The amount of any make ready work, as determined by the town, shall only be an amount that is required to meet applicable codes, as defined in IC 8-1-32.3-15(b)(3), including all applicable building, fire, electrical, plumbing and mechanical codes. The fee for any make ready work shall be determined by the town on a case by case basis, but in no event shall the fee exceed actual costs or the amount charged to communications service providers for similar work or include any consultants’ fees or expenses. [Ord. 1688 § 1, 2018].
15.41.090 Construction requirements.
All antennas, telecommunication towers, accessory structures and any other wiring constructed within the town right-of-way shall comply with the following requirements:
(A) All applicable provisions of the town of Highland’s Municipal Code and the building code of the state of Indiana, as amended, and the Federal Communications Commission (FCC) when applicable.
(B) All wireless facilities, small cell facilities, and wireless support structures shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code, as amended, and the Electronics Industry Association.
(C) All wireless facilities, small cell facilities, and wireless support structures shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended.
(D) All wireless facilities, small cell facilities and wireless support structures shall be constructed to conform to the requirements of the Occupational Safety and Health Administration (OSHA).
(E) All wireless facilities, small cell facilities, and wireless support structures shall be designed and constructed to all application standards of the American National Standards Institute (ANSI) manual, as amended. [Ord. 1688 § 1, 2018].
15.41.100 Reserved for future use.
15.41.110 Underground and buried utilities district.
(A) An underground and buried utilities district (the “district”) has been established by the Highland board of works on April 29, 2017, and is effective April 30, 2017, and such district applies throughout the town’s ROW and granted utility easements. The district consists of the following:
(1) All areas of the town where no overhead or aboveground 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 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;
(3) All other areas of ROW or proposed ROW throughout the town, or in a utility easement granted by the town, whether or not aboveground utilities or utility facilities currently exist;
(4) All areas of the town that would require compliance with previously adopted ordinances.
(B) Pursuant to IC 8-1-32.3-8, the board of works is the town’s permit authority. Unless expressly authorized by the board of works, all utilities located within the district shall be placed underground and/or buried.
(C) 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.
(D) Notwithstanding subsections (A) through (C) of this section, any utility that requires construction, placement, or use of a small cell facility in the district may submit an application to the board of works requesting a waiver to install new utility poles or new wireless support structures within the district.
(E) 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 board of works. [Ord. 1688 § 1, 2018].