(A) The Town Council, upon petition by a developer, may waive or modify the requirements for underground installation of existing or new utility lines based on the findings that the strict enforcement of this section would constitute an undue hardship on the developer and the minimal benefits would accrue to the town.
(B) The Council’s decision shall include but not be limited to review and analysis of the following factors:
(1) The extent of existing overhead lines and poles in the immediate area of the project;
(2) The location and heights of the poles and wires and their relation to present or future roads;
(3) The crossing of such lines over much-traveled highways or streets;
(4) The proximity of such lines to schools, churches, commercial areas or other places where people congregate;
(5) The aesthetic appearance of that portion of the town should the lines be installed overhead instead of underground;
(6) The impact on future development expected in the area; and
(7) The practicality and feasibility of underground installation with due regard for the comparative costs between underground and overhead installations; however, a mere showing that an underground installation is more costly than overhead shall not be the sole criteria for granting a waiver.
(2001 Code, § 7-12-5)