A. It shall be the duty of the owner, occupant or person in possession of any house, structure, factory, industrial or commercial establishment or any building of any character to be connected with the water system within sixty (60) days from the date water facilities become available to such property or from the date on which the Village Board of Trustees notifies an owner, occupant, or person in possession that a connection has been determined necessary. For purposes of this chapter, water facilities shall be deemed to be available to a property when a water main is located in the road right-of-way or in an easement adjacent to such property; provided, however, as follows:
1. If the location of the water main and the physical characteristics of the terrain or improvements between the water main and the property line of a residential property owner create an extreme hardship upon the property owner, then the Village Board may grant a variance to allow the property owner to continue to use the existing well on the property subject to subsections A2 and A3 of this section.
2. The property owner shall file a letter with the Village Clerk requesting the variance and identifying all aspects of the alleged hardship and the Village Board shall either grant or deny the variance by motion and issue a letter confirming its decision.
3. Any decision granting a variance shall contain a provision that: a) if the well on the affected property requires replacement or major repair of a cost of five thousand dollars ($5,000.00) or more, or b) if the Village causes the water main or a service pipe to be installed which cures the hardship, then the variance shall no longer apply. The decision may also impose other restrictions in the discretion of the Village Board. (Ord. 2019-24, 6-11-2019)
B. Whenever the owner of any house, residential structure, factory, or industrial or commercial building located within two hundred feet (200') of an existing water main is required to make any maintenance, repair, replacement or modification to an existing private well in order to maintain compliance with the County Health Department requirements, seeks Village and/or County approval for the installation of a new private well, or seeks connection to the Village's water system, then such owner shall be obligated to connect to the Village's water system if the Village elects to install a main from the existing main to the property line of such owner's building, and the Village obtains all permits required for such installation. If the Village elects to install such main, then such owner shall be obligated to pay the following costs in addition to a normal connection fee: 1) the estimated cost (as certified by the Village Engineer) for the owner to install a water service line from such owner's property line to the existing main and 2) any costs incurred to upsize the water main to be installed as a result of such owner's water requirements. (Ord. 2015-04, 1-13-2015)
C. Any owner, occupant or party or parties in possession of any house, structure, factory, industrial or commercial establishment or any other building of any other character not complying with the terms of this section shall be subject to a penalty of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) and to an additional penalty of not less than fifty dollars ($50.00) for each day such property does not comply with the terms of this section. (Ord. 2010-02, 1-26-2010)
D. Except as otherwise provided in this chapter, each user of either the Village's water systems shall have its own separate connection to a Village owned water main, and each user shall be responsible for its own connection fee and user fee. (Ord. 2013-20, 9-24-2013)