(A) Requests by developers.
(1) Prior to the start of a developer’s project, the developer shall make application to Avilla for providing electric service. Preferences, such as the routing of electric lines, the type of electric line installation desired (underground and/or overhead), as well as the developer’s schedule should all be described in the application.
(2) Such application shall be reviewed by Avilla to determine if the type of installation contemplated is consistent with current requirements described in the rates, terms and conditions. Additionally, Avilla shall require the developer to execute an appropriate line extension agreement, as to any and all of the matters set forth herein and including estimates of the costs the developer is required to cover.
(B) Data required of developer.
(1) The developer shall furnish Avilla with building plans, site plans, building layouts, electrical load information, street addresses and other such data sufficiently in advance for Avilla to meet service requirements and in sufficient detail to enable Avilla to determine the type, capacity and extent of the electrical lines to be installed.
(2) Additionally, the developer shall propose a reasonable project schedule, describing the developer’s project starting date and when electric lines are forecasted to be installed to meet the projected facility construction schedules.
(C) Replacement/upgrades of existing facilities. Where the developer’s application describes installation of new electric lines and/or where existing electric lines are required to be replaced (such as replacement of overhead electric lines with underground electric lines, and the like) or upgraded (such as the existing electric lines are replaced with electric lines having a greater electrical capacity rating to provide adequate electrical service to the developer’s project) the developer shall pay Avilla the difference between the estimated total cost (as computed by Avilla) and the estimated revenue (as computed by Avilla) if the projected total cost exceeds revenue.
(D) Conversion, replacement and/or upgrades of existing facilities.
(1) Where the developer’s application involves the conversion of existing electric lines (such as replacing overhead lines with underground lines, and the like) or the replacement of existing electric lines (such as upgrading from single phase to three phase, and the like) the developer shall pay the estimated net loss of the affected electric lines. Additionally, the developer shall pay Avilla the amount that the estimated total cost (as computed by Avilla) exceeds estimated revenue of such project (as computed by Avilla).
(2) Such conversion, replacements and/or upgrades of existing facilities shall be within the sole discretion of Avilla to determine, consistent with sound engineering and economic principles.
(E) Payment required in advance of construction. Any payment required to be made to Avilla by the developer, as described herein and in the line extension agreement, shall be made in advance of any line extension work performed by Avilla.
(F) Functions comprising Avilla work.
(1) Work to be performed by Avilla in the installation of electrical lines may include, without limitations, all or any part of the following functions: planning, engineering, scheduling, material purchasing, construction, metering and connection.
(2) Avilla reserves the right at any time, to postpone any part of the work of installing electric lines due to excess moisture, frozen ground or any other condition beyond its control.
(G) Avilla’s work limited to its standards. The utilization of voltages and configurations for underground installation of electric lines are limited to those set fort in the most recent issue of Avilla’s Electric Service Meter Manual. The electric lines and other equipment installed by Avilla and the manner in which they are installed, shall be in accordance with the most recent issue of Avilla’s “Construction Standards”. Deviations from such Electric Service and Meter Manual and such “Construction Standards” may be permitted; provided, the developer agrees, in advance, to pay the cost thereof and Avilla has given its prior written consent. Any provision of the Electric Service and Meter Manual or of the “Construction Standards” of Avilla which is in conflict with these terms and conditions shall be deemed amended to conform to these terms and conditions.
(H) Connection points determined by Avilla. Avilla reserves the right to determine the location of all connection points, including, without limitation, termination and metering points. Avilla shall install the underground electric lines for the developer’s project from the nearest point of connection with Avilla’s existing and unaltered primary or secondary service lines to each of the meter facilities or junction boxes located outside on permanent structures comprising the developer’s project.
(I) Installation of underground lines.
(1) The decision whether such lines shall be installed underground or overhead shall be made solely by Avilla, where the matter rests in Avilla’s discretion. Irregardless of the developer’s contribution towards the total cost, Avilla is not obligated to make any underground installation that, in the sole judgment of Avilla, cannot be technologically or economically justified.
(2) With respect to the trench routes reviewed and approved by Avilla, the developer shall stake all property concerns, permanent structures and all underground facilities that are located within, or associated with the line extensions to serve the developer’s project. Additionally, the developer shall clear trench routes of all debris (including surface and subsurface obstructions that prevent the use of standard trenching equipment), at least five feet either side of the easement centerline and to a depth of at least three feet of where the trench shall be placed and bring the ground to within four inches of final grade. Any damage to persons or property resulting from the failure of the developer, or the successors or assigns thereof, to maintain the clearance or to establish and maintain a grade that will provide for Avilla’s electric lines to be placed and remain at least three feet below the ground, shall be assumed and paid for by the developer, or the successors or assigns thereof.
(3) The developer may elect to perform all the trenching and backfilling required for the installation of underground electric lines. If constructed in accordance with current Avilla installation standards, the cost of such trenching and backfilling, as originally estimated by Avilla, shall be deducted from the estimated total cost (if it was included).
(4) The developer shall furnish and install all conduit for those underground electric lines running from the meter facility or junction box away from the permanent structure either to the point where all paved patios, pools, sidewalks, driveways and other paved areas are cleared by at least two feet, or to such point as Avilla may designate in writing to the developer. The developer shall be responsible for, and pay the cost of, all trenching and backfilling that is required to install such conduit, irrespective of the type of developer’s project involved, and the cost of such trenching and backfilling. If originally estimated by Avilla, and subsequently included in the total cost, these costs shall be deducted from the estimated total cost if adequately performed in accordance with Avilla’s “Construction Standards”.
(5) The developer assumes all responsibility for the protection of landscaping during Avilla’s underground installation of electric lines and for any replanting or reseeding of the trench routes that may be required as a result of such installation.
(J) Developer to furnish easements. The developer shall furnish, at no cost to Avilla, all easements and rights-of-way in, over and through private real estate for the installation of the electric lines to serve developer’s project. Avilla reserves the right to specify the routes, locations, widths and conditions of such easements and rights-of-way.
(K) Modifications to line installation associated with the developer’s project. Should the developer make any changes in the originally submitted plans, or other data, which subsequently necessitate revisions on Avilla’s part, developer shall pay all additional costs incurred as a result thereof. Likewise, if Avilla, at the request of the developer, employs nonstandard methods or equipment not contemplated in the original, or subsequently revised, total cost estimates, the developer shall pay the difference in cost.
(L) Developer’s work subject to Avilla standards. Any work performed by the developer shall be done in accordance with the most recent issue of Avilla’s “Construction Standards”, copies of which are on file with and are available for examination at the Avilla Municipal Electric Department’s main office. The timely completion of such work by the developer shall be prerequisite to Avilla’s obligation to perform the work required to render electric utility service to the developer’s project.
(Ord. 1406-6-02, passed 6-18-2002)