(A)   Extension of water lines beyond corporate boundaries.
      (1)   Municipal water lines are not to be extended beyond the corporate boundaries without the prior execution and recordation of a water user’s agreement by the property owner which, among other things, waives all objection rights the owner may otherwise have to annex of the property to the town on behalf of the owner and future owners of the property.
      (2)   Upon request made in writing to the town for the extension of municipal water beyond the corporate boundaries, the Water Superintendent is to make a rough estimate of the pipe, valves, hydrants and other material and equipment necessary for such as extension and also what easements and road bearings would be necessary to complete and maintain such an extension and submit the same to the Town Council and the property owner. (The estimate is solely for the benefit of the Town Council and the property owner shall not be entitled to rely thereon should the owner decide to pursue the extension, but it shall be understood to have the duty to make independent investigation of the cost of the extension.)
      (3)   In addition, the Water Superintendent is to make an estimate of the supply needs which would likely be required by users of an extension should it be constructed and whether it would adversely affect the reverse capacity of the town to serve present and future consumers located within the corporate boundaries, and the appropriate sizing of mains so as to not only serve the applying property owner, but also the present and future potential consumers along the proposed line or extension thereof.
      (4)   (a)   It is the obligation of the property owner to pay all material, improvement, construction and easement costs associated with making the extension of municipal water lines to and within the site.
         (b)   Where the extension of lines is of a distance as to potentially improve the property of other landowners, the municipal unit may enter into a recoupment agreement meeting statutory requirements of duration and recordation whereby the landowner may recoup from future landowners connecting to the main a portion of the costs of making the extension according to a formula established in the recoupment agreement. The town, however, is not obligated to enter into such an agreement, and is also not obligated to allow other landowners to connect into a main with such an agreement.
         (c)   Where the town determines that it is in the best interest of the future development of the town that all, or a portion, of an extension have over-sized mains to allow for future connections and to facilitate the eventual annexation of lands to be served by the proposed line, the town may agree to pay all, or a part, of the difference in cost attributable to the oversizing.
      (5)   All extensions of water lines, type and make of valves and equipment are to be in accordance with town specifications, or where such specifications do not exist, consistent with the instructions of the Water Superintendent. It is the duty and responsibility of the property owner to arrange for inspection of the lines by the Water Superintendent prior to the burial of the same.
      (6)   All extension agreements are to provide for the warranty of the materials and workmanship of constructed lines by the property owner for a period of two years which warranty is to cover the cost of replacing the lines or maintenance thereof during the period.
      (7)   Divisions (A)(1) through (A)(6) notwithstanding, upon request of a landowner located contiguous with the corporate boundaries at the time of the request, where the site of the proposed connection is less than the minimum lot width from an existing water main, and with the approval of the Town Council, a requesting landowner may be connected to the municipal water line by the execution and recordation of a water user’s agreement and the payment of the standard tap fee; provided, however, that whenever the connection requires the boring under or cutting into or other utilization of a privately- owned street, county road or state highway, the landowner shall be responsible for obtaining any easement rights and repairing any damage done to the street, road or highway.
   (B)   Extension of water line within a newly platted subdivision. 
      (1)   Whenever a developer proposes the development of a non-exempt subdivision within the corporate limits of the town, the developer is to agree to pay the cost of all improvements in the form of lines, valves, and other equipment necessary and cost of construction and connection of all lines and equipment necessary to connect a dwelling for each lot in the proposed subdivision to the town water system.
      (2)   All material and construction is to be to town specifications and the inspection and approval of the town Water Superintendent prior to burial; and the developer shall warrant the quality and improvement of the materials and construction for a period of two years which warranty is to cover the cost of replacing the lines or maintenance thereof during the period.
   (C)   Extension of water line within newly platted exempt subdivisions.
      (1)   Whenever a developer proposes the development of an exempt subdivision within the corporate limits of the town, the developer must pay the cost of constructing and equipping of water lines in a manner that all parcels remain within 150 feet of the water lines via a recorded easement; or
      (2)   A developer of a proposed exempt subdivision within the corporate limits of the town may elect to comply with division (B) above.
   (D)   Extension of water lines to newly platted commercial or industrial sites within or without town boundaries. The extension of water lines to parcels subdivided within industrial or commercial districts to serve new industrial or commercial sites are to be individually negotiated between the town, the developer and the purchaser.
   (E)   Requested extensions. The town may extend a water main to any section of the town which the town deems is profitable or necessary. Mains may be extended to a location which is considered unprofitable by the town if the cost of such extension is paid by the person or persons to be benefitted by the extension.
(Ord. 93-1, passed 4-5-93; Am. Ord. 2002-13, passed 10-21-02; Am. Ord. 2004-05, passed 3-1-04)