A. Underground Utilities: Within the area of the development and for any extensions off site, all utility lines shall be placed underground. For renovations, restorations and remodels that exceed thirty percent (30%) of the structure's estimated value prior to renovation, restoration or remodel, all utility lines on site shall be placed underground. An exception to this undergrounding requirement is provided for transmission lines carrying voltage of thirty three kilovolts (33 kV) or greater. (Ord. 1, Series 2019)

B. In Lieu Fee: An applicant shall be permitted to pay a fee to the town in lieu of placing existing utilities underground as required by subsection A of this section. An applicant may elect to pay an in lieu fee only with respect to those overhead utility lines existing on the applicant's property as of the date of the filing of the applicant's development permit application. No in lieu fee shall be accepted by the town with respect to an applicant's obligation to place underground new utility service for the property which is the subject of the development permit. Further, the applicant's right to elect to pay an in lieu fee shall be subject to the limitations of this policy.

C. Amount Of In Lieu Fee: The amount of an in lieu fee shall be determined by the town Engineer based upon the town Engineer's reasonable estimate of the actual cost of placing underground the existing utilities on the applicant's property. In making such estimate, the town Engineer shall consider: 1) the size, location and physical characteristics of the applicant's property; 2) the nature of the approved development of the applicant's property; and 3) any special circumstances affecting the expected cost of undergrounding the existing utilities on the applicant's property. The town Engineer shall also consult with the applicable utility provider with respect to the anticipated cost of undergrounding the applicant's existing utilities.

D. Applicant's Sole Discretion: The decision to pay to the town an in lieu fee as authorized by this policy shall be in the sole discretion of the applicant. By electing to make an in lieu payment, the applicant irrevocably waives any right to object to any of the terms or conditions of this policy.

E. Collection: An in lieu fee shall be collected prior to or at the time of the issuance of a building permit for the development.

F. Nontransferable And Nonrefundable: Once paid, an in lieu fee is nontransferable and nonrefundable. Any in lieu fee paid in connection with the development of a particular lot, tract or parcel shall run with the land for which it is paid, but is nontransferable to any other lot, tract or parcel.

G. Expiration: If the development permit for which an in lieu fee has been paid has expired and a new application for a development permit is thereafter filed for the same property, the town shall credit any previous payment of in lieu fees against any in lieu fees which may be paid for the new application.

H. Fees Are Town Property: In lieu fees collected by the town pursuant to this policy shall become the town's property, and may be deposited in the town's General Fund. The in lieu fees need not be segregated or separately accounted for.

I. Town Responsibility: Once an in lieu fee has been paid, the applicant shall be relieved of the responsibility for placing underground those existing utilities on the applicant's property for which the in lieu fee has been accepted by the town, and the town shall assume such responsibility. In connection therewith, the town shall pay all direct and indirect costs incurred in placing underground those utilities for which the in lieu fee was accepted. Such costs shall include, but shall not be limited to, payment of the actual construction costs for such undergrounding, together with any surveying, engineering, legal and similar expenses related thereto.

J. Schedule: The schedule for the undergrounding of utilities for which an in lieu fee has been accepted shall be determined by the town in its sole discretion. (Ord. 17, Series 2005)

K. Compliance With Town's "Dig Once" Policy: The installation of all utility lines within a Town street or right- of-way shall be done in compliance with title 11, chapter 9 of this Code, known as the "Town of Breckenridge 2018 dig once ordinance". (Ord. 9, Series 2018)