(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVELOPER OR OWNER OF REAL ESTATE. The person, firm, company, corporation, governmental unit, charitable or not-for-profit organization or association making application for a permit for a main extension or to use an existing main.
EXISTING SINGLE-FAMILY RESIDENCE. A structure occupied by a single individual or a single family, or which is suitable for such occupancy.
OFF-SITE MAINS. Mains required to reinforce or extend the present water system to the point(s) where the on-site mains are to be located on public rights-of-way or dedicated easements.
OVERSIZING. The installation of a main of larger diameter than necessary to adequately furnish water to the specific development in which it is installed.
(B) Based upon the main size required to serve the development, the developer shall pay the entire cost of all mains within and bordering upon the development.
(C) All developers requiring a connection to, or an extension or reinforcement of, any water supply transmission main or water distribution main owned by the town shall secure a permit and sign a main extension contract prior to connecting to any part of the town’s system. As a condition of issuance of a permit, all requirements of the town shall be complied with and the cost of construction shall be the responsibility of the developer.
(D) The refunding of costs for oversizing to meet the town’s specifications shall be made only for that portion of the oversizing which lies within or adjacent to the area being developed.
(E) Where larger mains are required by the town, the developer or owner of real estate shall be refunded the actual material cost difference between the size of the main specified by the town and the size main required to serve the development as determined by the Town Engineer. For calculating the refund, the Town Engineer will use material price quotations to determine the difference in the material costs.
(F) The owners of real estate requiring a permit for water services shall submit plans for their on-site water distribution system, including on-site transmission lines, to the town for its review and approval. Plans must comply with the town’s design criteria and materials shall meet the town’s specifications. All water main materials shall be purchased by the owner or developer. Installation of water mains remains the exclusive right of the town, and a minimal labor charge of $2 per foot of water main installed will be billed to and paid for by the owner or developer for this work. Upon completion, the town will submit construction drawings to the owner and the owner shall provide the town certified “as-built” construction drawings. If “as-built” drawings are not provided within one month after the completion of construction, the town may prepare drawings at the expense of said owners of real estate.
(G) All plans for transmission and reinforcing mains to be installed outside the area being developed by the applicant for water service (e.g., off-site water mains) shall be prepared by the owner’s engineer for town approval or by the Town Engineer at the property owner’s expense. All easements shall be made out to the town but shall be obtained by, and if necessary, paid for, by the owners of real estate. Easements shall also be in a form approved by the town.
(H) The owners of real estate applying for water service shall pay all engineering and appurtenant non-construction project costs. Owners may utilize outside engineering or may use the Town Engineer at the owner’s cost to develop plans and specifications that meet the guidelines established by the town. Owners will be required to purchase all water main materials needed to develop their property. Construction of the water mains will be the exclusive right of the Town Water Department. A minimal labor charge of $2 per foot of water main installed will be billed to and paid for by the property owner.
(I) All extensions to the town’s water system must be accepted by the town before being permanently connected to the system, and once connected, shall be and remain thereafter the sole property of the town without further dedication thereof. A warrantee and one-year maintenance guarantee on new mains shall be transferred by the owner to the town. Once accepted, all maintenance and repairs become the responsibility of the town.
(J) All persons or corporations, they or its survivors, heirs or assigns, who shall connect to any water main connected to the town’s system located outside the town limits shall agree in writing, prior to said connection, to waive their or its rights to remonstrate against annexation by the town. Such agreement, on forms provided by the town, shall be included in the title of each affected parcel of property. A copy of the recorded restriction shall be filed with the town within 30 days of providing service or service will be disconnected until such recorded restriction is delivered to the town.
(Prior Code, § 104.29) Penalty, see § 52.999