(A) Except as provided in § 53.02 of this chapter, and notwithstanding the subdivision requirements set forth in Ch. 158 of this code, the owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the city requesting municipal water service shall connect such service to the municipal water system in accordance with the provisions set forth in this chapter.
(B) Any proposed installation of water services beyond an existing public water main shall be installed in accordance with the provisions of this chapter.
(C) Plans and specifications for the water main and connecting service lines shall be approved by the Director of Public Works or his or her designee, if in conformance with this chapter, and placed on file. Such plans and specifications shall conform with all federal, state, county and municipal laws and regulations. The water main and service lines shall be installed in such a manner that freezing or uncontrolled release of water cannot occur under foreseeable circumstances and no foreign material can be siphoned into the municipal water system.
(D) The person requesting the installation of the water main (hereinafter referred to as “requesting party”) shall be responsible for all labor and material costs associated with the installation of the water main, including, but not limited to, the water main pipe, sleeves, tees, valves, valve boxes, saddles, corporation stops, hydrants and other pertinent apparatuses necessary to extend or connect to the existing municipal water system. The requesting party shall be responsible for the materials and labor associated with the installation and maintenance of all water service lines.
(E) Prior to commencement of the water main installation, any necessary easements and an agreement for installation shall be executed between the city and the requesting party. The agreement shall incorporate the approved plans and specifications, allow for other parties to tap into or extend the water main, provide for the collection of fees, establish the amount of the fee to be charged by the requesting party on a per-linear-foot or per-square-foot basis and provide for the transfer of ownership of the main as required by § 53.03(I).
(F) The requesting party may collect a fee for all costs from all parties, except the city, who wish to tap the water main by assessing the lot or parcel fronting or abutting the water main at a rate not to exceed 80% of the original cost on a per-linear-foot or per-square-foot basis. The requesting party shall not collect any fee from parties not subject to the fee for costs who only wish to extend the water main.
(G) Except for the city and the requesting party, all other parties connecting to the water main for the purpose of extending the water main or for tapping the water main for a service line shall pay to the city any current municipal tapping fee in addition to the fee for materials required by § 53.03(F), if any.
(H) All installation and tapping fees payable to the city or requesting party, must be paid in full at the time of application pursuant to § 53.05 of this chapter.
(I) On the fifth anniversary of the water line contract, or earlier if the owner has recouped his or her costs or if the owner has selected a lesser period of time, whichever is sooner, for water improvements less than 2,000 lineal feet or less than $50,000 in total construction costs, the owner shall deliver a properly executed bill of sale to the city for the sum of $1.
(J) On the tenth anniversary of the water line contract, or earlier if the owner has recouped his or her costs or if the owner has selected a lesser period of time, whichever is sooner, for water improvements greater than 2,000 lineal feet or greater than $50,000 in total construction costs, the owner shall deliver a properly executed bill of sale to the city for the sum of $1.
(Prior Code, § H-2-3) (Ord. 814, passed - -)
Statutory reference:
Related provisions, see SDCL § 9-47-1