The Council finds that the public necessity, safety and general welfare require the installation underground of all new electric, communication or similar associated service facilities in subdivisions and other new development and the conversion of existing overhead communication or similar associated service facilities to underground.
(Ord. 42 1968; Ord. 274-97; Ord. 318-01)
In this division unless the context otherwise requires:
"Developer"
means every person involved in new development, directly through the services of any employee, agent, independent contractor or otherwise.
"Facility"
means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, and all other attachments and appurtenances used or useful in supplying electric, communication or similar or associated service.
"New building"
means any construction of or conversion to an enclosed structure or portion thereof used for commercial, business, industrial, governmental or educational use; and the construction of any new residential dwelling unit or conversion to a residential dwelling use. New building shall not mean the reconstruction or replacement of an existing residential dwelling unit.
"New development"
shall include:
1. 
A subdivision of land;
2. 
Construction of a new building;
3. 
New use, construction or expansion of a use or a building which generates additional traffic impacts from those generated by the previous use of the land of 10% or more during the peak hour or a 20% or more increase in the average daily trips as defined in the current addition of the Institute of Transportation Engineers Report entitled Trip Generation;
4. 
Conversion of one use to a new use when the use is a retained commercial use on a parcel zoned for noncommercial use;
5. 
Any other use upon which a condition is imposed on a required conditional use permit that the use be required to pay for utility undergrounding.
"Primary streets"
shall mean the streets in Town which provide for general vehicular circulations within and through the Town. Primary streets shall be established by Council resolution.
"Service"
includes but is not limited to the product of an electrical transmission device, such as electrical energy, television and telephone communications, through continuous conductive material.
"Underground utility zone"
means an area in the Town within which all facilities are required to be installed underground.
"Utility"
means a person supplying electric, communication or similar or associated service by means of electrical materials or devices.
(Ord. 42 1968; Ord. 274-97; Ord. 318-01)
This chapter does not apply to the following kinds of facilities:
A. 
A facility used exclusively for a police and fire alarm box or similar municipal equipment;
B. 
An overhead wire attached to the exterior surface of a building and extending from one location on the building to another location on the same building;
C. 
A radio antenna and its associated equipment and supporting structure, used for furnishing communication services;
D. 
Equipment appurtenant to underground facilities, such as a surface-mounted transformer (except as otherwise required in accordance with Section 13.116.030 and Section 16.32.020(E) of the Town's subdivision provisions); a pedestal-mounted terminal box and meter cabinets and a concealed duct;
E. 
Wires (exclusive of supporting structures) crossing any portion of an underground utility zone connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and wires and associated overhead structures are not prohibited;
F. 
Poles, or electroliers used exclusively for street lighting;
G. 
Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;
H. 
Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects upon Town approval.
(Ord. 42 1968; Ord. 274-97; Ord. 318-01)