(A) Based upon the main size required to serve the development, the developer shall pay the entire cost of all mains within and bordering upon the development. Where a development utilizes an existing main, the developer shall pay to the town the current cost per foot to install a main of the size required by the development times the number of feet of the main within or bordering the development. Should any existing main which borders a development be capable of serving property on the opposite side of the street for which availability contributions will be required in the future, the developer's cost for these mains shall be reduced by 50%.
(B) All developers requiring a connection to, or an extension or reinforcement of any water supply transmission main, or water distribution main, owned by the town shall secure a permit and sign a main extension contract prior to connecting to any part of the town's system. As a condition of issuance of a permit, all requirements of the town shall be complied with and the cost of construction shall be made to the town.
(C) Refunding of costs for oversizing to meet the town's specifications shall be made only for that portion of the oversizing which lies within or adjacent to the area being developed. Costs advanced for reinforcing or extending the town's existing water distribution system in order to provide adequate water service to the development shall also be eligible for refunding. All costs advanced by developers which are determined to be eligible for refunding shall be refunded without interest.
(D) Where larger mains are required by the town, the developer or owner of real estate shall be refunded the actual material cost difference between the size of the main specified by the town and the size required to serve the development. When the increase in size is four inches diameter or less, no additional reimbursement for labor will be made. When the size increase is more than four inches in diameter, the following additional refund per foot will be made for labor and equipment:
Increase in Pipe Diameter | Reimbursement per Foot of Pipe Installed |
Increase in Pipe Diameter | Reimbursement per Foot of Pipe Installed |
6 | $0.50 |
8 | $1.00 |
10 | $1.25 |
12 | $1.50 |
14 | $1.75 |
16 | $2.00 |
18 | $2.50 |
20 | $2.75 |
22 | $3.00 |
24 | $3.50 |
(E) The owners of real estate requiring a permit for water services shall submit plans for their on-site water distribution system, including on-site transmission lines, to the town for their review and approval before start of construction. Plans must comply with the town's design criteria and material and installation specifications. All construction and non-construction costs of the on-site system are to be borne by the owners of real estate. During construction of on-site water system, the owners of real estate shall pay the expense of an inspector. The town will provide the inspector, or may approve, in writing, some qualified person designated by the owners of real estate to serve as the inspector. In any case, the owners of real estate will pay the cost thereof to the town who will in turn pay the inspector. Upon completion of construction, the owner shall provide certified "as-built" construction drawings and certified construction costs to the town. If "as-built" drawings are not provided within one month after completion of construction, the town may prepare drawings at the expense of the owners of real estate.
(F) All plans for transmission and reinforcing mains to be installed outside the area being developed by the applicant for water service (e.g., off-site water mains) shall be prepared by the town. All easements shall be made out to the town but shall be obtained by, and if necessary, paid for by the owners of real estate. Easements shall also be in a form approved by the town.
(G) The owners of real estate applying for water service shall deposit with the town adequate funds or surety of payment to pay engineering and appurtenant non-construction project costs prior to the town proceeding with preparation of plans. If the project does not proceed to completion after project costs are established, the money so deposited by the owners of real estate shall be non-refundable to the extent they are required to pay incurred expenses. If funds are in excess of expenses, they will be returned to the owners of real estate making the deposit.
(H) (1) If individual applicants for water service in already developed acreage and/or platted subdivisions wish to be served by an existing transmission line and/or a local distribution main, they shall obtain a permit and deposit adequate funds with the town to pay engineering and appurtenant costs prior to the authorization of the design for the local system extension by the town and the preparation of estimates or the receipt of bids. If the project does not proceed to completion after project costs are established, the money so deposited by individual applicants shall be non-refundable to the extent they are required to pay incurred expenses. If funds are in excess of expenses, the excess will be returned to the individual making the deposit.
(2) All facilities covered by this division (H) shall be constructed in existing dedicated streets, alleys or easements, or the owners of real estate will obtain the required easements.
(I) If already developed acreage and/or platted subdivisions are to be provided water service, there shall be added for each individual connection an amount which shall be computed as follows:
(1) Where main extension is required. Each user shall pay a pro-rated share of the project costs computed on the basis of dividing the entire project cost by the number of water connections desirous of service. Project costs shall include construction costs determined by public bids, or where main is installed by the town, shall be the actual cost plus 30% overhead and non-construction costs. Non-construction costs shall include, but not necessarily be limited to, legal, engineering, inspection, permit and easement, and project administrative costs.
(2) Where existing mains are used. Each user shall reimburse the town for the present cost of the size main required to provide service and fire protection to suit his or her needs for the total front footage of his or her lot. For corner lots, the front footage shall include from the centerline of the street to the property line. For the portion of the front footage where the main can be used by property owners on both sides of the street, the footage shall be reduced by 50%.
(J) If a connection is made to any transmission line or existing local distribution system without first obtaining a permit, the individual or owners of real estate will be subject to a charge for residential of $300 and for commercial of $500 a day for each day the connection was unlawfully installed, and be required to remove the connection until a permit is obtained.
(K) All extensions to the town's water system must be accepted by the town before being permanently connected to the system, and once connected, shall be and remain thereafter the sole property of the town without further dedication thereof. Warranty and one-year maintenance guarantee on new mains shall be transferred by the owner to the town. Once accepted, all maintenance and repairs become the responsibility of the town.
(L) All persons or corporations, they or its survivors, heirs or assigns, who shall connect to any water main connected to the town's system located outside the town's limits, shall agree in writing prior to the connection to waive their or its rights to remonstrate against annexation by the town. The agreement, on forms provided by the town, shall be included in the title of each affected parcel of property. A copy of the recorded restriction shall be filed with the town within 30 days of providing service, or service will be disconnected until the recorded restriction is delivered to the town.
(Prior Code, § 3.1C.20) (Ord. 95-009, passed - -1995)