(A) When a developer desires to develop a new subdivision within the city limits, the developer shall provide the architectural plans and specifications for electric, including street lighting, utility services for the subdivision and is bound by the following provisions.
(B) When the developer desires that electric, including street lighting, utility services be provided by the city to the subdivision, the service is conditioned upon approval by City Council with the recommendation of the Electric Department and City Administrator for the city, and if approved the city agrees to provide the services upon the following conditions:
(1) The developer shall present the architectural plans and specifications for electric, including street lighting, utility services to the Electric Supervisor for review.
(2) The architectural plans shall include all necessary easements granted to the city for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing, and/or removing conduits and other installations of a similar character for the purpose of providing electric utilities, through and under the property subject to the easement, and excavating and refilling ditches and trenches necessary for the location of the structure and shall comply with all applicable city ordinances. Further, if the subdivision is proposed to have private streets, they shall be developed to minimum design, construction, inspection approval, and maintenance requirements of city's subdivision regulations.
(3) The Electric Supervisor, or other appropriate representative for the city will use their best efforts to calculate and estimate the cost to the city of providing electric, including street lighting, utility services to the subdivision and the developer agrees to pay, prior to construction beginning in the subdivision, the full estimated cost of the same. The cost for street lights shall be based upon appropriate lighting for the development as determined by the Electric Supervisor and any cost in excess of that amount shall be borne entirely by the developer and not refundable as set forth in division (C) of this section.
(4) The developer shall pay the full actual cost as determined by the Electric Supervisor to the city for providing the electric, including street lighting, utility services upon completion by the city for providing the services which may be greater than the estimated cost, which includes but is not limited to increased costs due to underground obstructions, and the like.
(C) Upon receipt of the entire payment by the city from the developer, the city agrees to refund to the developer as each unit is connected for electrical service with the Croswell Light and Power Utility, a portion of the actual amount paid to the city by the developer for electric utility services, including street lighting. However, this refund shall not include any costs paid by the developer in excess of the appropriate lighting costs as determined by the Electric Supervisor outlined in division (B)(3) of this section. The fund portion shall equal the actual amount paid to the city by the developer (less excess street lighting costs) and divided by the projected number of units as set forth in the architectural plans provided the city as outlined above. However, in no event shall the city be obligated to refund any additional portion of the costs paid by the developer for any units in the subdivision connected ten years after the first unit in the subdivision was connected.
(D) If underground electrical services are to be installed, the city shall provide at its cost, services and maintenance to the meter and shall provide the meter and metering devices. The developer or customer shall be solely responsible for all services and costs after the meter or load side. If overhead electrical services are to be installed, the city shall provide at its cost, services and maintenance to the point of attachment. The developer or customer shall be solely responsible for all services and costs after the point of attachment.
(Ord. 295, passed 11-15-99)