§ 50.040  OVERHEAD DISTRIBUTION FOR  NEW SUBDIVISIONS.
   (A)   General policy.
      (1)   A subdivision may consist of two or more lots or tracts of land to be supplied with electric service by the utility.  As to what constitutes a subdivision and if the policy set forth herein applies, such shall be determined by the utility.
      (2)   The utility will cooperate with the developer, building and the consumer and will extend its overhead distribution facilities to serve new residential subdivisions, subject to the execution of a suitable contract between the utility and the developer.
      (3)   Such contract shall specify or incorporate by reference the following terms and conditions to be fully complied with before service will be established:
         (a)   That developer's plot plan has been recorded and approved by zoning authorities, political subdivisions and all governmental bodies having jurisdiction over such matters.
         (b)   That water and sewage development plans have been approved, including the specified dates for commencement of construction and completion of the project.  In addition, a detailed plan for the financing of such water and sewage facilities must be submitted together with the approval of the governmental authorities having jurisdiction over same.
         (c)   That the point of origin of the new construction shall commence at a point that is not more than 200 feet distance from the utility's existing facilities.
         (d)   That all distribution facilities shall be overhead.  Such facilities shall include but are not limited to the service drop, transformers, meters and all related appurtenances.  All service and conditions are subject to utility's general rules and regulations as set forth herein.  For underground facilities, see § 50.041.
         (e)   That before any subdivision lots or tracts of land are sold, a right-of-way easement shall be executed between the owner of the entire subdivision tract of land and the utility.  The easement shall constitute a covenant which shall be a part of and shall run concurrently with each and every subsequent deed transfer that involves any parcel of land located within the subdivision.  The covenant shall grant to utility whichever of the following provisions the utility deems as being appropriate and necessary.
            1.   A suitable perpetual right-of-way easement that will permit the installation, operation, maintenance and replacement of all the utility's distribution facilities and appurtenances required to serve every lot or tract of land in the subdivision, including the right of ingress and egress by the utility and the right to trim trees and shrubbery.
            2.   A covenant covering the cost of street lighting service, if the subdivision is located outside the corporate limits of the municipality.  The covenant shall run concurrently with each deed transfer of every lot or tract of land and shall specify that the owner of each lot shall pay to the utility (in addition to his or her regular electric service bill), total on a front foot basis his or her pro rata share of the street lighting costs to light the entire subdivision in conformance to generally accepted public utility standards.  Such street lighting charge shall be included as part of the consumer's bill for regular electric service and if not paid when due, all electric service shall be subject to disconnection, and will not be re-established or reconnected until all street lighting charges are paid in full to date, irrespective of who may have previously occupied the lot or tract of land.
         (f)   That the utility reserves the right to require that the lots to be sold are contiguous to each other.  This is necessary so that the utility can make the installation of its distribution facilities on a progressive step-by-step basis as the lots are occupied and thereby enable the utility to avoid unnecessary, uneconomical and wasteful construction costs.
         (g)   That the utility reserves the right to specify the lots to be served in each contiguous construction area.  The utility will not extend its facilities to other areas until house construction is under way for 50% of the sites in the specified initial area.  Each subsequent area in the subdivision to be developed shall be contiguous and immediately adjacent to an area already developed.
   (B)   Financing of subdivision distribution facilities.
      (1)   When the utility pays the cost of distribution facilities.
         (a)   If the subdivision is developed in the planned and orderly manner specified in division (A) of this section, the utility will supply service to a specified areas of the subdivision at no cost to the developer or owner of the specified area, providing the point of origin is not more than 200 feet distance from the utility's existing distribution facilities.
         (b)   In the event that the point of origin is more than 200 feet from the nearest property line of the initial subdivision area to be served, the developer or owner shall pay 100% of the cost commencing 200 feet from the point of origin and extending to such initial subdivision area.
         (c)   The rate and the utility's general rules and regulations applicable for the electric service shall be the same as those in effect elsewhere by utility.  Such applicable rate schedule may contain an initial one-time service connection charge per consumer for new services to be paid by the consumer.
      (2)   When the developer or owner pays the cost of distribution facilities.
         (a)   If the subdivision development plan does not conform to all of the terms and conditions previously specified, the developer shall pay in advance to utility as a non-refundable aid-to-construction all of the costs of the distribution facilities to be installed by the utility in the subdivision and located beyond the previously defined point of origin.  Such costs include the installed cost of primary, transformers, service drops, meters, plus all other appurtenances required to furnish and deliver electric service to the premises involved.
         (b)   Under this plan, the utility may, at its option, elect to refund to the developer at the end of each calendar year 20% of the gross metered electric revenue received by the utility in the same year from its electric consumers located in the particular area involved.  If the utility has elected to make such refunds, same shall cease at the end of five years.
(Ord. 10-85, passed 10-7-85)