§ 50.04 UNDERGROUNDING OF OVERHEAD UTILITY LINES.
   (A)   The developer shall place underground all overhead utility lines, either within a proposed development or redevelopment project or within public places, rights-of-way or other public surface or subsurface drainage facilities adjacent to the project, prior to issuance of a certificate of occupancy.
      (1)   This requirement shall apply to all projects submitted for approval or reapproval under the provisions of the site development in the Planning and Zoning Ordinance.
      (2)   Utility poles and lines are defined herein as the poles, structures, wire, aerial cables and related facilities used in the distribution of electricity or in the transmission of telecommunications, telegraph, data, radio or television communications.
      (3)   This requirement includes both new and existing utility lines on and adjacent to the project, including lines which extend across public streets, alleys and/or easements adjacent to the property being developed or redeveloped. Existing utility lines adjacent to a project shall be under-grounded up to the first existing pole beyond the limits of the property.
      (4)   This requirement includes the undergrounding of all existing overhead service lines attached to the lines to be removed along with necessary conduit, supports, restoration, and the like, necessary to convert the service line from overhead to underground.
      (5)   The requirement shall apply regardless of the existence of easements for overhead lines. Adjacent high-voltage power lines less than 69 kv in capacity shall be placed underground.
   (B)   Equipment appurtenant to the underground facilities, such as surface-mounted transformers, pull boxes, pedestal cabinets, service terminals, telephone splice closures, concealed ducts, or other similar on-the-ground facilities normally used with or as design approved by the Department, may be maintained above ground with the written permission of the Public Works Director for the specific facility to be left above ground.
   (C)   The developer of a development or redevelopment project shall be responsible to make necessary, arrangements with the affected utility companies for the installation of required underground facilities, including the payment of any cost therefore as a condition of plan approval. Nothing contained herein is intended to obligate a providing utility company to install such underground facilities without reimbursement.
   (D)   In those instances where poles to be removed include street lights, the street lights will be replaced with freestanding poles by the developer in accordance with current town street light standards.
   (E)   Relief from undergrounding requirements may be considered under the following conditions:
      (1)   (a)   Deferment of undergrounding may be requested from the town by a developer in cases where the utility frontage is small. Deferment of undergrounding cannot be granted by the utility company, irrigation districts or any other entity other than the town. When deferment is approved, the developer shall obtain an estimate of undergrounding costs from all affected utility companies.
         (b)   The developer shall then be required to provide a cash deposit, letter of credit, certificate of deposit, or other security acceptable to the Town Attorney, in an amount equal to the estimated undergrounding costs, as provided by the utility company, associated with the utility frontage of the project. The developer shall also be required to install the ductwork (conduit) required by the utility companies for the future undergrounding prior to issuance of certificate of occupancy.
         (c)   Phasing of projects may be considered based on the particular situation. On projects for which plans are approved in phases, the developer may request delay in payment of estimated costs until approval of plans for the largest phase involving undergrounding, at which time payment for the entire project shall be required. The obligation to pay at the time of a subsequent phase shall be secured by an agreement which shall bind the owner and subsequent buyers for undergrounding costs along the entire applicable frontage.
         (d)   Monies received will be held in an account by the town to be used at whatever time the applicable area is converted by the town, utility companies, or other parties to underground utilities.
      (2)   Exemption may be considered where the developer can show that undergrounding will be an unusual and material economic hardship and the costs of such undergrounding are materially disproportionate in terms of the utility frontage and the proportionate frontage of the project under consideration. Examples are cases where development occurs in an area where adjacent land on both sides is already developed (infill situation), and in cases involving additions or modifications to existing sites which represent a minor portion of the total site.
      (3)   All requests for relief must be presented in writing to the Development Services Director prior to plan approval. Consideration for approval shall be in accordance with the purpose, intent and objective of this section. The Development Services Director and the Public Works Director shall each approve or disapprove all formal requests for relief. High-voltage lines which remain after the undergrounding are not considered as grounds for relief. Aesthetics is only one of many reasons for undergrounding of which public safety is paramount. Completion of undergrounding and/or payment of costs shall be required prior to granting, of a certificate of occupancy. All new service lines installed shall be underground even though relief may be granted for adjacent existing lines.
   (F)   The requirements set forth above shall not apply to new utility poles and wires erected for purely temporary purposes such as providing temporary building construction power, emergency power, telephone service or the furnishing of power to temporary outdoor activities. A permit for such temporary use shall be obtained from the Public Works Director. The length of the temporary use shall be specified in the permit and may not exceed six months. One additional six-month extension of the permit may be issued upon a finding of necessity by the Public Works Director.
(Ord. 05-12, passed 7-12-2005)