HomeMy Public PortalAboutResolution 1-2017-1 RESOLUTION 2017-1
A RESOLUTION OF THE GREENCASTLE BOARD OF PUBLIC WORKS AND SAFETY TO
ESTABLISH AN UNDERGROUND AND BURIED UTILITY DISTRICT
WHEREAS,the Greencastle Board of Public Works and Safety has jurisdiction over street rights-of-
way within the city of Greencastle,Indiana("City")and is the permit authority of such municipality regarding
the use of City street rights-of way;
WHEREAS,Senate Enrolled Act 213 was passed by the Indiana state legislature and amends Indiana
Code 8-1-32.3 as of April 31, 2017,to allow the use of the City's street rights-of-way for the construction,
installation, and use of small cell facilities and wireless support structures;
WHEREAS,such legislation allows the permit authority of a municipality to designate areas as strictly
for underground or buried utilities,provided that such areas are so designated before May 1,2017; and
WHEREAS,the City,through its Board of Public Works and Safety,for public necessity,health and
safety,desires to designate areas within the City as strictly for underground or buried utilities in order to restrict
or prohibit the construction,placement,or use of a small cell facility and the associated supporting structure
within the City's street rights-of-way in such areas where investments have been made, in order to ensure
utility lines are located or buried underground.
NOW THEREFORE BE IT RESOLVED BY THE GREENCASTLE BOARD OF PUBLIC WORKS
AND SAFETY as follows:
1. The purpose of this Resolution is to adopt a local policy regarding the designation of locations
within the City as underground or buried utility areas pursuant to Indiana Code 8-1-32.3-15(c)(1).
2. The City hereby establishes an Underground and Buried Utilities District("Area")to be in effect
and to apply throughout the City's right-of-way, and is hereinafter defined as follows:
a. All areas designated as a historic district on the Indiana Register of Historic Sites and
Structures, the National Register of Historic Places and/or designated as a local historic
district.
b. All areas within the City limits where 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;
c. 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;and
d. All other areas of right-of-way or proposed right-of-way within the City limits,whether or
not above-ground utilities or utility facilities currently exist.
e. All state and federal highway right-of-way.
11111 f. Areas surrounding the Putnam County Regional Airport subject to height restrictions
established by the adopted Airport Layout Plan,as amended,and applicable Federal Aviation
•
Administration rules and regulations. (See IC 8-21-10 and 14 CFR 77.13)
3. From and after the effective date of this Resolution,no person,corporation,or utility shall erect or
construct within the City's right-of-way, any pole, overhead line, or associated overhead structure used or
useful in supplying electric, communication or similar associated services,with the following exceptions:
a. Co-location of small cell facilities on existing utility poles and wireless support structures;
b.Repair and/or replacement of existing utility poles and wireless support structures within
the City is allowed under the following conditions;
1) the pole and/or structure may not exceed the height of the pole that is being
repaired or replaced;and,
2)repair or replacement does not create a nonconforming condition per the standards
of the Greencastle Zoning Ordinance.
4. Unless otherwise expressly authorized by the Board of Public Works and Safety,all utilities located
within the City's right-of-way shall be placed underground and/or buried. Any utility that requires
construction,placement,or use of a small cell facility in an Area designated strictly for underground or buried
utilities, may submit an application to the Board requesting a waiver to install a new utility poles or new
wireless support structures within the Area. Any waivers requested for poles or structures located in areas
designated as Indiana Register of Historic Sites and Structures,National Register of Historic Places and/or
local historic districts will be given additional scrutiny.
• 5. The Board of Works shall adopt procedures to implement this Resolution.
6. If any portion of this Resolution is for any reason declared to be unconstitutional or invalid,such
decision shall not affect the validity of the remaining portions of this Resolution so long as enforcement of
same can be given the same effect.
BE IT FURTHER RESOLVED THAT this Resolution shall be in full force and effect from and after
April 30, 2017. Due to the statutory deadline by which the Board must take action,this Resolution shall be
binding and effective immediately upon its adoption and execution.
PASSED AND RESOLVED by the Board of Public Works and Safety of the City of Greencastle,
Indiana this 28th day of April,2017.
William . o Jr.,Mayor
Trudy Selvia
Craig ggle