(A) Except as provided in divisions (B) and (C) herein, no property shall interconnect, tap on to or in any manner utilize the Village Utility System, unless the property is annexed to and within the corporate limits of the village.
(B) The Board of Trustees may allow property outside of the corporate limits of the village to interconnect, tap and otherwise utilize the Village Utility System if each of the following conditions are met:
(1) The property cannot be annexed to the village because it is not, nor with reasonable efforts could it be, contiguous to the village;
(2) The property owner(s), elector(s) and all other necessary parties have executed an irrevocable petition to annex the property to the village, which runs with the land and binds all successors; specifically allows the village to annex the property without further notice, authorization or petition upon it becoming contiguous to the village; and this petition is recorded in the office of the County Recorder of Deeds where the property is located;
(3) The village determines it is in the best interest of the village to annex the property upon it becoming contiguous;
(4) The property owners have entered into a pre-annexation agreement acceptable to and approved by the corporate authorities of the village, which, among other things, provides the property is subject to and will be planned, designed, zoned, developed and constructed under, in conformance and subject to all ordinances, codes, requirements, standards and regulations of the village;
(5) The Village Utility System has capacity and facilities sufficient to serve the property;
(6) The property owner has paid the village all applicable fees and costs.
(C) Property owned by governmental entities and/or taxing bodies is exempt from the provisions of this section.
(D) Nothing in this section shall require the village to improve, expand or extend its Utility System to serve any property.
(E) Property covered by intergovernmental agreement between the village and other municipalities is exempt from the provisions of this section.
(F) Recognizing the Village Utility System currently serves property located outside of the village's corporate limits, this section shall not apply to those unincorporated properties currently interconnected to and utilizing the Village Utility System so long as the existing zoning and current actual use of the those properties as of the effective date of this section is not amended or in any way altered or changed.
(G) The owner of the property has the burden to establish by a preponderance of the evidence the property's zoning and use as of the effective date of this section.
(Ord. 2570, passed 3-16-09)