The developer shall pay the costs for utility extension using one of the following two options:
(A) Option I. The developer shall pay in full for the rights-of-way, the construction and installation of the lines, pipes and mains, and all other features of the extension.
(B) Option II.
(1) The construction cost of the extension shall be determined and agreed upon prior to commencement of construction after the developer has submitted a cost breakdown to the Town Engineer. The engineering costs incurred by the developer for the preparation of plans and staking of the main sewer only be included in the agreed construction cost. Costs of lateral and branch sewers and their appurtenances will not be included in the agreed construction or in the main sewer project agreement. The municipality shall reserve the right to reject the developer's cost breakdown if it is in appreciable variance with the municipality's estimate.
(2) In the event that the area to be serviced by the developer is the entire area described herein as the maximum service area, then the developer will pay in full for the cost of construction and will not be eligible for repayment. In the event that the area to be serviced by the developer is lesser in size than the maximum area to be serviced by the proposed main sewer line and its ultimate branches and laterals, the municipality agrees to enter into agreements with any party desirous of obtaining a connection to the main sewer line. The agreement will establish a just, equitable and reasonable charge to permit the connection, the charge to be made on a cost per acre a basis of the area to be served, using the heretofore agreed main sewer line construction cost and maximum service area acreage to determine the cost per acre. The amount of the connection charge will be paid to the municipality, who agrees to repay the amount to the developer, the total of the repayments not to exceed that portion of the agreed cost of the construction of the main sewer line allotted to acreage outside of the development.
(3) In no such way is any such agreement to be constructed as including any branch of lateral within the service area.
(Prior Code, Ch. 18, Art. III, § 18-171.1) (Ord. 346-04, passed 6-21-2004)