§ 51.059 APPROACH MAINS; CONSTRUCTION BY DEVELOPERS; REPAYMENT AGREEMENT.
   (A)   An approach main may be constructed by the town, or by a developer, in accordance with the provisions of this section.
   (B)   The final detailed plans and specifications for an “approach main” shall be approved by the Town Engineer and Public Works Director prior to construction. The engineering cost for the preparation of plans, specifications, ADEQ and/or Yavapai County review fees, and permit fees, and construction staking of the “approach main” incurred by a developer may be included in the calculation of repayable costs as provided for in this section. The plans and bid line items for the approach mains shall be clearly and distinctly separated from all other on-site plan sheets and bid items.
   (C)   The cost of distribution mains within the boundaries of a development shall not be eligible for repayment. Where booster pumps and storage tanks are necessary to maintain reserve, peak and fire flow capacity and/or to maintain adequate pressures in the water mains due to the development being near or above the hydraulic gradient in the town service area, the developer shall provide adequate land, and construct, at his or her own expense, the necessary storage facility and booster pumping station to town specifications. The town will assume ownership, maintenance and operation of the property and facilities upon completion and acceptance by the town.
   (D)   The town may utilize line charges to facilitate the repayment of repayable costs associated with an approach main, provided that such line charges shall expire after 20 years, and that the town shall record notice of such line charges in the office of the Yavapai County Recorder. For an approach main that was constructed by a private developer, line charges may only be utilized if repayable costs have been established pursuant to a repayment agreement and approved by the Town Council. Repayable costs to be included in a repayment agreement shall be determined by the Town Engineer, based on an estimate by the developer’s design engineer and after consideration of comparable projects.
   (E)   The town reserves the right, in its sole discretion, to require an increase in the diameter of an approach main, in which case, if the increased diameter exceeds 12 inches for a water main or 18 inches for a sewer main, the town shall pay the cost of the materials required to increase the diameter of the main from 12 inches for a water main, 18 inches for a sewer main, or the diameter required by the developer, whichever is larger, and the increased diameter required by the town.
   (F)   If the town will pay any portion of the cost of an approach main with public funds, that approach main shall be designed and constructed in compliance with A.R.S. Title 34 and funds to be used for reimbursement shall be approved by Town Council.
   (G)   Improvement or community facility districts. When justified by the anticipated scope or cost of construction, a community facilities district or an improvement district may be formed by the Town Council at its sole discretion and in accordance with provisions of state and local law.
(Ord. 04-578, passed 7-22-2004; Am. Ord. 2022-913, passed 2-22-2022)