§ 51.059 SEWER EXTENSIONS IN ADVANCE OF A SEWER ASSESSMENT DISTRICT.
   The sewer extension policy provisions of the town in regards to sewer installations in advance of sewer assessment districts and the policy to be followed in connection therewith shall be, and the same is hereby, declared to be as follows:
   (A)   At the option of the developer of an individual parcel of land or of subdivision, he or she may apply for payment of the sewer line or lines necessary to connect his or her development to a trunk sewer. He or she may also apply for payment of the sewer lines within his or her development.
   (B)   In order to qualify for payment, the sewer lines to be installed must be usable by a future assessment district, and the developer must sign an agreement whereby the assessable area of any parcel or parcels immediately adjacent to and served by the lines will be included in the assessment district and will receive an assessment for which the developer will be liable, regardless of whether he or she sells part or all of the property to be assessed.
   (C)   The developer shall pay all construction costs, including engineering services. The design, location and construction must be approved by the town. The contractor shall be duly licensed.
   (D)   The sewer lines installed by the developer will be held in trust by the town for sale to a special assessment district in the town. The agreed construction cost, not exceeding the actual cost for the lines, will be written into the construction bid as a lump sum item and will become part of the construction cost for the special assessment district.
   (E)   The property owners adjacent to lines installed by the developer can connect to these lines by signing an agreement, which will be recorded, to accept an assessment in the assessment district.
   (F)   If the developer desires to enter into private agreements with adjacent property owners in which they agree to share his or her cost for the privilege of connecting to the sewer lateral, he or she may do so, but these property owners will still be required to sign an agreement with the division in which they agree to accept an assessment in the assessment's district.
   (G)   There will be only one purchase agreement for each project. No attempt will be made to negotiate with more than one party, regardless of how many are sharing the cost.
   (H)   Payment will be made at the completion of the assessment district or at the time that assessments become payable.
(Prior Code, Ch. 18, Art. III, § 18-172) (Ord. 346-04, passed 6-21-2004)