A. 
All proposed and existing utilities, as defined in Section 13.92.020, within the boundaries of the new development, including but not limited to, electric, communication and cable television lines shall be placed underground.
B. 
All proposed utilities adjacent to the new development, as defined in Section 13.92.020, shall be placed underground.
C. 
For the purpose of this section, utilities shall be considered adjacent to the new development if located between the development boundary and the right-of-way line(s) opposite the new development.
D. 
No additional poles shall be installed outside of the subdivision in order to comply with this section unless specifically approved by the Town Manager.
E. 
In the event that there are existing overhead utility lines along primary streets within and/or adjacent to the new development, the developer shall pay an in-lieu fee or place the utilities underground in accordance with this chapter. In the event that the Council determines that allowing the utilities to remain above ground may result in the potential for a significant impact to aesthetics, the Town Council may require the developer to underground the overhead utilities either within or adjacent to the subdivision. If the Council requires undergrounding of existing overhead utilities, other than existing service lines, the developer shall be entitled to a credit toward that portion of the underground fee which is associated with undergrounding existing overhead utilities. No credit shall be provided, however, to a developer who is required to relocate existing utility poles as part of roadway widening and/or frontage improvements associated with a project. The Town Manager is authorized to allow such credit. If a developer is dissatisfied with the decision of the Town Manager, the developer may appeal for relief to the Council by filing an appeal in writing with the Town Clerk within 10 days after the disputed decision. The appeal shall state in detail the basis for the claimed credit. The decision of the Council shall be final.
(Ord. 42 1968; Ord. 274-97; Ord. 318-01)