(A) Connection to system required.
(1) Any development which has town water and/or sewer system lines available shall be required to extend the public water and/or sewer system throughout the development to each lot located therein. All required line extensions shall include appropriate valves, hydrants, taps, service, manholes, lift stations, pumps and clean outs to the property line of each lot as required by town standards.
(2) In any case where a public water and/or sewer system intended to serve more than two lots is proposed to be installed in a development as part of the plan approval process, the system shall be considered to be a required improvement within the context of this section regardless of whether such a system is an extension of the town system or not and the system shall be required to be installed by the developer. This requirement includes both facilities within the development and off-site facilities which are essential to providing the service to the property.
(3) Where public sanitary water and sewer are not available as defined below in division (B), structures shall be connected to private water supply and sewage disposal systems (i.e. wells and septic tanks or community systems).
(B) Availability defined.
(1) For developments within or partially within the town, the term
AVAILABLE, shall mean that there is an existing line of adequate size and flow and/or pressure either crossing the development property or immediately available from an adjacent public right-of-way or the town indicates its commitment to extend such a line to the property line of the development at no cost to the developer.
(2) For developments located entirely outside the boundaries of the town but within the jurisdiction of this chapter, "availability" shall be determined by the threshold levels indicated in the table below. Within the range of lots, water and/or sewer lines shall be within the distance indicated to be considered "available", extension of the water and/or sewer lines shall be paid for by the developer, and the development shall be connected to the system. For example, if the water and sewer lines are within 300 feet of a proposed 15 lot subdivision, then the developer shall pay for the extension and the development shall be connected to the system. If a nonresidential subdivision is proposed, comparable demand estimates for residential uses shall be used.
Number of Proposed Lots | Distance to Nearest Line (Feet) |
Zero to ten | 200 |
11 to 20 | 300 |
21 to 50 | 600 |
51 to 100 | 1,000 |
101 or greater | 2,500 |
(C) Exemption from extension of lines. In the event the town elects not to extend a line of sufficient size, flow and/or pressure, to the development (if in the town) or within 400 feet of the development boundary (if outside the town) because of topographic features, legal obstacles or financial reasons, then, the developer shall not be required to extend water lines to each lot nor provide water and/or sewer service to the development.
(D) Annexation required. In any case where a new development connects to the town water and/or sewer system, the development shall be voluntarily annexed into the town prior to the approval of a final plat, for a subdivision, or the issuance of a zoning permit, where the subdivision of land is not involved.
(E) Installation requirements.
(1) All water and sewer extensions for new development inside or outside the corporate limits will be made by the town's Public Works Department or approved licensed contractors.
(2) No water or sewer line may be connected to the system of the town unless the line is properly designed and constructed to service the properties intended to be served directly by the line and of a size and design sufficient to accommodate any necessary expansion of the water and sewer system to serve other properties, including fire protection.
(3) The town shall own and control any and all water and sewer lines and related facilities connected to and serviced by its water or sewer system, except those lines and facilities of other public bodies connected to and serviced by the town's water or sewer system under contracts approved by the Town Council between the town and other public bodies.
(4) Because the extension of water or sewer lines to certain properties benefits the owners of the properties by raising property values, the cost of the extension shall be borne by the developers of the properties as provided in this subchapter except in instances when the Town Council makes a determination that the town is obligated to extend the utilities when it determines that it is the best interest of the town to do so. In making such a conclusion, it must be demonstrated by the developer to the Town Council that ad valorem taxes to be gained by the town from the properties which will be served by the proposed utilities will over a five-year period exceed the cost incurred by the town for making the utility extensions.
(F) Extensions required by state law and emergency situations. To comply with municipal obligations by state statutes or in cases of emergency where it is found to be in the public interest or necessary to protect the public health, the town may authorize extensions of water or sanitary sewer into specific areas.
(Ord. passed 5-17-2007)