(A) When the town’s waterworks system facilities are capable of serving an area or property of, or within four miles of, the town, availability charges and/or availability fees on behalf of the unconnected property shall be required in amounts of $1,500 per equivalent development unit (EDU) regardless of acreage involved. The cost reflects the historical treatment and distribution costs of the Waterworks system. A detailed Cost-Based Availability Fee Study is available for public review at the Utility Office.
(B) All sums collected hereunder shall be used by the utility in the best interests of the utility in accordance with the utility's policy but shall be primarily available for the payment of past, present and future extensions, modifications or improvements to the Town Waterworks.
(C) Nonresidential and multi-family availability fees shall comply with the Equivalent Dwelling Unit (EDU) Table in this subchapter. Any significant change in use of an existing connection shall be subject to the fees in this subchapter.
(D) Availability fees shall be payable in accordance with this subchapter. Fifty percent shall be paid by the Developer prior to commencement of construction of the development. The remainder 50% shall be paid prior to final acceptance of the Developer provided and installed infra- structure and connection to the Utility's Distribution System. No building permits will be issued prior to the receipt of all availability fees by the Utility. The availability fees required by this subchapter shall be effective on January 1, 1997. Development or portions of developments currently involved in the review process of the Town and Township Plan Commission not constructed and accepted by the Town by April 1, 1997 shall be subject to the fees of this subchapter.
(E) All infra-structure shall be in accordance with the Utility's standards available for review at the Utility Office. Prior to the commencement of any construction of any infra-structure, a written agreement shall be executed between the Town Council and the owner or developer constructing such infra-structure which shall set forth the elements of costs for elements of construction costs and the manner of reimbursement to be made by the owner or developer to the town. Such elements may include, but not be limited to construction engineering costs, inspection costs, and project administration costs.
(Ord. 8-12-75, passed 8-12-75; Am. Ord. 12-21-79A, passed 12-21-79; Am. Ord. 11-17-92-2, passed 1-5-93; Am. Ord. 11-12-96-3, passed 11-26-96; Am. Ord. 10-04-2005-2, passed 11-1-05)