All new construction by public and private utilities which will occupy the public right of way shall be required to have executed an easement and right of way agreement with the village on a form specified by the village public works director and approved by village of Angel Fire council. In general, such agreements shall be required to include, but not be limited to, the following general items:
A. The responsibility of the utility to relocate its lines at no cost to the village should the village so require the utilities to relocate their facilities or lines as a result of the reconstruction or new construction of a street once the utility company has been given a notice of sixty (60) days by the village.
B. The responsibility of the utility to give reasonable notice to the village of proposed construction in the public right of way, to obtain appropriate excavation permits and pay appropriate fees shall be in accordance with the most current version of the franchise agreement executed between the village and said utility.
If the utility does not have such an agreement executed with the village, they shall obtain an excavation permit and shall also pay a design review fee of 1.5 percent of the construction cost of its improvements. This fee shall not be charged if the utility design is incorporated with the design of improvements which require the payment of a design fee paid by a developer. This fee is based on a quantity estimate performed by the utility with the application of current infrastructure rates as determined or approved by the village of Angel Fire public works department.
C. The responsibility of the utility to obtain barricading permits and to ensure that the public safety is not endangered during the period of construction.
D. As of the effective date of these village street and drainage design standards, all new construction by private and public utilities within the public right of way in village jurisdiction which do not have a franchise agreement which complies with the above requirements and approved by the village public works director shall be required to comply with all requirements of this section. (Ord. 2007-06, 8-14-2007)