(A) Where town utilities are extended beyond the current town corporation limits and prior to rendering water, sewage, or electric utility service to properties outside the current town corporate limits, the landowner of the property to be served shall agree to the following:
(1) Jointly cooperate with the town to annex the property into the town corporate limits; or
(2) If the property cannot be legally annexed to the town, to enter into an agreement wherein the landowner and his or her successors in interest waive their right to object to annexation. The agreement is to be recorded, and as such will constitute notice to and be binding upon successors in interest to the real estate described in the agreement.
(B) All potential utility customers shall enter into an agreement with the town (utility service agreement). This agreement describes the terms and conditions for provision of utility service (water, sanitary, and electric) to a proposed residential, commercial, or industrial development including any fees and terms of fee payment.
(C) (1) Extension of water and sanitary sewer lines from the point of connection to the existing municipal system to and throughout the proposed development shall be the responsibility of the owner/developer of the subdivision or addition, and shall be at his or her sole expense.
(2) The materials, design, layout, and construction of the proposed extension of utilities shall be subject to the acceptance and approval of the Town Board or its authorized representative.
(D) In order to facilitate future expansion or development, the town may require the developer to oversize utility lines or extend utilities through the proposed development. Costs for oversizing and/or extension beyond the area to be served by the developer will be the responsibility of the town.
(E) Expense and work required for extension of electric utility lines from the point of connection to and throughout the proposed development shall be evaluated by the town on a case by case basis with the costs associated therewith being paid as stipulated by the town.
(Ord. 5, 1998, passed 6-10-1998)