921.10  EXTENSION OF MAIN LINE SERVICE FOR DEVELOPMENT.
   (a)   Procedures for Extension of Water or Sewer Mains for Residential and/or Commercial Development.   The needs of a proposed new development and the requirements of Village and other governmental agencies vary with the nature, location and magnitude of the project.  It shall be the responsibility of the development’s Sponsor to acquaint his organization with the requirements of the Village and other governmental agencies.  It shall be the responsibility of the Water-Wastewater Supervisor to offer prompt assistance and expenditious handling of the project within the restraints of Ohio law.
   (b)   A general summary of the circumstances that may be encountered in different types of land improvement projects is as follows:
      (1)   Assessment Sanitary Sewer/Water Projects.  Follow the provisions of Section 6117 of the Ohio Revised Code relative to Village Water and/or Sewer districts.
      (2)   Non-Assessment of Sanitary Sewer and/or Water Main Projects.  Connecting to the Existing Wastewater Collection and Water Distribution System.
         A.   Before land is acquired or optioned and prior to making irrevocable commitments, the Sponsor should make contacts with at least the Water-Wastewater Supervisor, County Engineer, Village Regional Planning Commission, and Village Inspector.  All land use plans and zoning questions must be resolved at this stage of the project.
         B.   The Sponsor should contact the Village Zoning Inspector or Village Mayor should a water or sanitary sewer connection be proposed from outside the Village governmental jurisdictions.
         C.   The Water-Wastewater Supervisor shall make a determination relative to the propriety of expanding an existing declared water and/or sewer district to include an adjacent or nearby land area.
         D.   The proposed improvement of land already within the Village shall not be construed as already having satisfied the need for review by the Water-Wastewater Supervisor.
         E.   The Ohio Environmental Protection Agency (EPA) reviews and comments on a proposed project which would necessitate the expansion or upgrading of an existing water or wastewater treatment facility.
         F.   After any and all preliminary matters have been satisfactorily concluded, the Sponsor shall submit to the Village Administrator four (4) sets of detailed plans, water and/or sanitary sewer data sheets, lift station data sheets, construction specifications of the proposed wastewater handling or water facilities and estimates of cost as prepared by a Registered Professional Engineer experienced in the water and wastewater field and licensed in the State of Ohio.
         G.   The Village Administrator shall either reject the submitted information or forward it to the Ohio EPA for approval if at least the preliminary plan of the layout has been approved by the Zoning Commission and/or Village Council, as may be required by the Village Subdivision Regulations.  If detailed plans are submitted to the Ohio EPA and if further project modifications are necessary at the final plan stage which affect the water and/or wastewater handling facilities, resubmittal will be required.
         H.   The Sponsor shall submit four sets of as-built prints to the Water- Wastewater Supervisor prior to acceptance of the project by the Village.
         I.   The Water-Wastewater Supervisor shall recommend acceptance of the project by the Village when all technical requirements are satisfied and the signature sheet (certificate sheet) of the plat is fully signed.
         J.   A sewer or water taping permit shall be obtained from the Village Administrator for the connection of each building to the sanitary sewer or water main.
   (c)   Financial Assistance.  The Village can at its discretion provide financial assistance for the project.  If the Village views the subject project to benefit the community.  Each proposed financial assistance project shall be considered individually.  The financial assistance may consist of one or more of the following:
      (1)   Submittal for grants and/or loans for business development through one or more governmental agencies.
      (2)   Waiver of tap in fees where the water and/or sewer main line extension can provide additional services to areas other than the area of development.
      (3)   Supply of manpower and equipment to install the water and/or sewer main extension.  A separate agreement shall be drawn up detailing responsibilities and liabilities.  The Village has limited manpower and resources.  In the event the Village cannot complete the project due to a lack of available manpower, the Village shall be held harmless from any liabilities derived therefrom.  The responsibility of installing the water and/or sewer main shall then be the developer’s responsibility and expense and shall be completed by a qualified contractor at the developer’s expense.
      (4)   Pay the cost difference (size of line) for increasing the water and sewer line capacity for future expansion.
   (d)   Sample Agreement. 
   This agreement, made and entered into at Cardington, Ohio
this day of _______________, 20____, between ____________________,
hereinafter referred to as “Developer” and the Village of Cardington, hereinafter referred to as “Village of Cardington”,
WITNESSETH:
   WHEREAS, the Developer is presently engaged in the improvement of certain lands in _____________________Township, Morrow County, Ohio and is desirous of installing sanitary sewers, water lines and appurtenances to service __________________ dwellings to be located on the following described real estate.
(Legal Description)
   WHEREAS, water and sanitary sewer service is to be provided by the Village of Cardington;
   WHEREAS, the parties hereto desire to enter into this agreement to provide for the construction, maintenance and operation of said sanitary sewers, water distribution system and appurtenances, subject to certain terms and conditions hereinafter set forth;
NOW, THEREFORE BE IT RESOLVED, that in consideration of the covenants hereinafter contained and set forth, it is mutually agreed that
   1.  The Developer agrees to pay the total cost of preparing the detailed plans and specifications.  Said plans and specifications shall be approved by the Village Council and the Ohio EPA prior to construction.  Furthermore, within a reasonable time after completion of the construction work, four complete sets of “as-built” prints shall be furnished to the Water-Wastewater Supervisor.  In order to receive the approval of the Village of Cardington and the acceptance of the wastewater collection system and water distribution system by the Village, the Developer shall adhere to the rules, regulations, and procedures governing wastewater and water in the Village of Cardington.
   2.  The Developer agrees to furnish to the Water-Wastewater Supervisor his Engineer’s Certification that the construction was in accordance with the plans and specifications required tests and furnish a copy of the Engineer’s Report.
   3.  The Developer agrees, upon completion of the construction of said sanitary sewers, water mains, and appurtenances, to transfer and convey his entire interest, in and to said sanitary sewers, water mains, and appurtenances to the Village.
   The water distribution and sanitary sewers to be constructed hereunder shall be of sufficient size to service ________ dwelling units, or equivalent, and carry a warranty to operate efficiently in the opinion of the Water-Wastewater Supervisor, for one year after acceptance by the Village.
   The Developer agrees to repair and replace any defective material and workmanship in the water distribution system, sanitary sewer systems and appurtenances for one year after acceptance regardless of whether any other equipment manufacturer or in the event any defects shall occur during said one year period, and are not corrected within 24 hours after written notice to the Developer, the Village of Cardington may correct the same and Developer shall pay the cost thereof to the Village of Cardington upon presentation of the bill.  All structures constructed hereunder, excepting the sanitary sewers and water mains shall be so constructed as to have an expected useful life of 20 years and expected life of 50 years.
   4.  The Developer agrees to obtain and provide all necessary easements and rights-of-way in accordance with the requirements of the Village of Cardington and without cost to the Village of Cardington.
   5.  The Developer, prior to beginning the work of constructing the sanitary sewers and water mains, and appurtenances, shall provide insurance conditioned to the effect that he will indemnify and save harmless the Village of Cardington, and any of its officials, employees or agents employed by the Village from all claims, suits, actions and proceedings which may originate from, or on account of, any injuries or damages to persons or property received or sustained by any additional party or parties, as a consequence of any actions or omissions of the Contractor, or from any material or explosives used on said work, of by or on the account of any accident caused by negligence or any other act or omission of the Contractor, or his agents or employees, in such sum not less than $250,000 for property damage and $250,000/$500,000 for public liability.  Such insurance shall be in effect until the Village assumes the operation and maintenance of the water mains, sanitary sewers and appurtenances.
   6.  The Developer or his assigns agree to obtain the necessary sewer tap in and water tap in permits.
   7.  The Developer may not assign his interests in this agreement without the written permission of the Village.
   8.  The Village of Cardington agrees upon completion of the construction of the sanitary sewer system and water distribution system in accordance with all State and Federal rules and regulations pertaining to the subject utilities and in accordance with the detailed plans which have been approved for said project, to accept the same, which acceptance shall be evidenced by an acceptance letter issued by the Village of Cardington.
   9.  The Village of Cardington agrees to accept said improvement, excluding all service lines from the easement to the individual homes or facilities being serviced, which excluded portions shall be the sole responsibility of the individual property owner.
   10.  All provisions, terms and conditions herein shall be binding upon the successors and assigns of the Village of Cardington and upon the heirs, executors, administrators and assigns of the Developer.
   IN WITNESS WHEREOF, the parties hereto have subscribed their names this ______day of ___________.
In the presence of:
_______________________,__________________Corporation
Developer
   By:_______________________________
   Its President
   The Village of Cardington
   ___________________________________
   Mayor of Cardington
Approved as to form:
________________________________________
Village Attorney
(Ord. 94-6.  Passed 5-2-94.)