An underground utility fee shall be imposed on the developer of all new development in the Town to pay for the undergrounding of existing overhead utilities along primary streets. The Council shall establish such fee by resolution. The resolution shall set forth the specific amount of the fee, describe the estimated cost of these improvements, describe the reasonable relationship between the fee and the various types of new development, and set forth time for payment. On a biannual basis, the Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of development and whether such public improvements are still needed.
(Ord. 274-97; Ord. 318-01)
The revenues raised by payment of this fee shall be placed in a separate and special account. This account shall separately track the amount of money attributed toward undergrounding existing overhead utilities, and such revenue, along with any interest earnings on the account, shall be used solely to pay for the Town's future undergrounding work described in the resolution enacted pursuant to Section 13.100.010 or to reimburse the Town for the underground improvements constructed by the Town with funds advanced by the Town from other sources.
(Ord. 42 1968; Ord. 274-97; Ord. 318-01)
A. 
A developer who undergrounds all the existing and proposed utilities within the boundary of the development and adjacent to the development shall not be required to pay the fee.
B. 
A developer who installs an off-site improvement as a specific mitigation measure for a project which improvement is identified in the resolution adopted pursuant to Section 13.100.010 as an improvement to be funded by the underground utility fee may claim a credit on such fee. The credit shall not exceed the underground utility fee payable for the project. Moreover, any costs associated with the relocation of existing utility poles resulting from improvements to the frontage of a new development shall not be credited to a developer. 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)