§ 51.23  SUBDIVISIONS.
   With respect to the installation of utilities to serve subdivisions, the following policies shall apply:
   (A)   Specifications. All installations shall be made according to such specifications as may be approved by the town or its engineers, including the size of all lines and their locations, grade, and material used.
   (B)   Ownership and control. All lines constructed and connected with the facilities of the town under these policies shall become the property of the town upon their completion, dedication, and acceptance. The town shall have exclusive control of all such lines and shall be responsible for their maintenance, repair, and operation.
   (C)   Contracts. All installations made under a reimbursement agreement shall be accomplished under contracts let after the receipt of sealed competitive bids. The town shall exercise general supervision over the letting of such contracts in order to assure the securing of free competition on such contracts.
   (D)   Reimbursement policy.
      (1)   A reimbursement agreement may be entered into between the town and each private party installing water and/or sewer lines, which shall become the property of, and operation and maintenance responsibility of the town.
      (2)   The cost of installing all lines within a subdivision shall be borne initially by the participating developer or developers.
      (3)   Infrastructure subject to reimbursement shall be:
         (a)   Those between a subdivision and the facilities of the town and which are so located as to serve other properties; and
         (b)   Lines within a subdivision which will serve lands outside the subdivision and are of a size in excess of the needs of the subdivision itself. In this case, the cost subject to reimbursement shall be only the extra cost incurred by installing lines larger than needed to serve the subdivision itself; and
         (c)   The proportionate cost of lines of any size to which direct service connections may be made by property other than those by the initial investor; and
         (d)   The town shall be reimbursed for its expenses in constructing or providing for water or sewer utility capital improvements adjacent or ancillary to the development if the owner or developer has agreed to be financially responsible for such expenses, and such reimbursement shall be credited against the system development fees owed by the owner or developer.
      (4)   Only the actual cost of the lines shall be included in the calculations of costs subject to reimbursement. No interest on costs pending reimbursement shall be allowed.
      (5)   No reimbursement of any cost shall be made after ten years from the date of acceptance by the town of the lines installed under a reimbursement agreement.
(Ord. passed 2-18-85; Am. Ord. passed 4-2-90; Am. Ord. 2017-03-01, passed 3-6-17; Am. Ord. 2018-07-07, passed 7-16-18)