A. Within Town Limits:
1. Any person (excluding any subdivider or person who, at the time of extension, has subdivided, or will subdivide the property serviced by the requested extension, into a platted subdivision) who desires to have the culinary water mains extended within town limits, shall submit an application in writing to the town containing:
a. A description of the proposed extension;
b. A map showing the location thereof.
2. The town shall consider all such applications for extensions of water mains in the order of receipt but may exercise sole discretion as to priority and order of installation regardless of application order.
3. Should the town approve an application for a water main extension, the applicant shall deposit with the town an amount equal to the estimated cost of design and bidding of the extension (if bidding is required under town purchasing policies). Once the bid cost is known, the applicant shall deposit with the town an amount equal to the bid (or estimate if the project does not require bidding), plus ten percent (10%) contingency (any unused portion of which will be refunded to the applicant upon completion of the project), plus the estimated cost of inspection and project management (any unused portion of which will also be refunded to the applicant upon completion of the project) before the town shall proceed to install the extension, either of its own accord or under contract let to a qualified contractor. All persons connecting to said water main extension, including the petitioner, shall be required to remit all applicable connection and impact fees in effect at the time of connection. The town reserves the right to delay connections to the water main extension until after completion of such capital facilities plans and impact fee studies as may be required by law in order to determine and adopt appropriate connection and impact fees and determine adequate line sizes to serve potential growth. The town reserves the right to determine line size and to require any or all extensions to be sized for future growth. Under these circumstances, the town may elect to pay all or a portion of the added cost to install the larger line.
4. The town engineer shall be responsible for design of the water main extension and preparation of the plans and specifications for the project. The applicant shall be responsible for securing and recording any required rights of way or easements for said extension.
5. The town reserves the exclusive right to approve or disapprove any and all requests or petitions for line extensions based upon all criteria determined applicable by the town, including, but not limited to, available water supply, and available capacity on existing distribution lines from which the extension will be served or until completion of any engineering studies to determine line size and connection fees and impact fee studies to establish impact fees.
6. Any person desiring extension of the water mains whose petition meets the requirements of subsection A1 of this section, shall submit payment in full of the estimated costs, fees and charges for such extension as determined by the town engineer, which shall include, but not be limited to, engineering costs, legal fees, materials, labor, construction contracts, plus administrative and supervisory expenditures of the municipal water department. The petitioner, upon completion of the project, shall pay any expenses that exceed the estimated total before water service will be provided. Such extensions shall be the property of the town and will not be subject to cost recovery measures for any portion thereof by the petitioner, and any connections to the extension will be subject to the applicable connection and impact fees.
B. Outside Town Limits:
1. The town reserves the right to further extend water mains located outside the town limits to serve users within newly annexed territory or other users located inside town limits.
2. The town reserves the right to extend water mains and provide connections for government entities, including federal and state government, or branches thereof, such as counties, school districts, municipalities, etc. Said government agencies shall not be restricted as to use or application of such connections.
C. Extension By Subdivider: Any subdivider or other person who owns property that has been or will be divided, as a platted subdivision, must pursue the extension under the regulations and conditions of the municipal subdivision ordinance and this chapter.
D. Specifications For Extension: Unless otherwise specified by the town, all extensions shall be of the size of line, type of material, etc., as determined by the town engineer and/or specifications adopted by the town, and shall be laid according to specifications, which include the number of valves, meters, fire hydrants, etc., as determined by the town engineer. Nothing in this subsection shall be interpreted to preclude the town's right to designate smaller or larger diameter pipe, as circumstances warrant, or alternative materials. The town also reserves the right to require any or all extensions to be sized for future growth. Under these circumstances, the town may elect to pay all or a portion of the added cost to install the larger line.
E. Maintenance: Unless otherwise provided in the petition for extension or in the subsequent approval of the town engineer, the town will own, operate and maintain all extensions made under this chapter. (Ord. 02-01, 10-10-2002)