All water mains and extensions to the water system constructed at the owner's expense, after final approval and acceptance by the Village Board, shall become the property of the village and shall thereafter be operated, maintained and repaired by the village.
(A) Deed and/or easement and/or bill of sale. Legal transfer of the physical components of the system to the village must be by deed and/or easement and/or bill of sale, the choice of which or both to be made by the village, executed by the owner accurately describing the components of the system.
(B) Property rights. Transfer of the system shall also include the grant of property rights acceptable to the village to property surrounding the water system required for the operation, maintenance, repair and replacement thereof as identified on the plans including street laterals but excluding building laterals. The owner shall obtain any necessary rights from other property owners, municipalities or right-of-way holders having such interests. Generally, no acquisition of property rights is necessary for water facilities to be installed within the right-of-way of a state, county, village, or village road as long as the owner obtains all necessary consents of such governmental entities to the placement of water facilities within the bounds of such roads prior to construction.
(C) Title insurance. The owner shall provide at closing of the recording of instruments conveying property rights required for the operation, maintenance, repair and replacement of the water system extension a title insurance policy in the form and amount deemed acceptable by the village.
(D) Warranty and maintenance bond. The owner shall warrant the system to be free of defects for two years after the date of the first use of the system or its components and shall provide a cash deposit with the attorney for the village, a letter of credit, or a maintenance bond or other security in a form and amount satisfactory to the village holding the village harmless from operation, maintenance, repair and replacement of such facilities arising from defects in the design, materials, or construction of such facilities. The requirement for financial security may be waived by the village where the sponsor of the water system extension providing the warranty hereunder is the State of New York, a New York municipal corporation, or agencies thereof.
(E) Third party warranties. The owner will provide assignments of all warranties applicable to equipment or appurtenances to the system.
(F) Professional expenses of the village. The owner shall reimburse of the village for all expenses incurred by the village incident to the project, including, but not limited to, engineering fees and legal fees, payable as bills are rendered therefor by the village to the owner.
(G) Engineer's certification and record drawings. The owner shall provide the village with:
(1) A certification to the village by a New York licensed professional engineer that the system has been constructed in accordance with the approved plans and specifications and that it has been tested in accordance with this chapter; and
(2) Three sets of original signature paper copies of record drawings, designated as such, bearing the seal of the New York licensed professional engineer, plus a full digital copy, similarly annotated, in AutoCAD or equivalent software acceptable to the village.
(Ord. 2-2009, passed 3-23-2009; Am. Ord. 2-2021, passed 11-8-2021)