§ 53.09 MAIN EXTENSION.
   (A)   Anyone owning or having a legal interest in property within the village limits, or outside the village limits covered by an agreement referenced in §§ 50.01 and 50.02, may request, on forms provided by the village, to construct an extension to an already existing water main to that property. Owners of or anyone having a legal interest in property outside the village limits making a request to construct an extension to an already existing water main to that property are subject to the additional requirements of § 50.02.
   (B)   When an extension is approved, such work shall be done under the inspection of the village, its employees, or agents and to the village’s specifications. The village has the exclusive right to determine the type and size of mains and appurtenances required to render adequate water supply service. The expenses of any main extension shall be borne entirely by the applicant.
   (C)   With the application for a main extension, the applicant shall submit construction-type plans and drawings for review by the village. These plans and drawings shall follow the requirements for such mains as contained in the village’s subdivision regulations.
   (D)   Within ten days of approval of the extension, the developer shall deposit a financial guarantee with the village. The nature, scope and amount of such guarantee shall follow the procedure adopted in Ch. 157 for financial guarantees.
   (E)   Among other factors contained in this chapter, the criteria to be taken into consideration for a main extension are as follows.
      (1)   All extensions of mains shall be located in a public right-of-way, unless specifically waived by the Village Council. Previously recorded easements in plats or other evidence of prior intent to construct a main in non-right-of-way area may be considered among other reasons by the Village Council in granting a waiver.
      (2)   In determining the length of and necessity for any extension requested, the end point of such extension shall be at the farthest point of the most distant lot to be served.
   (F)   The Village Council, by special action, may grant an exception to the main extension regulations and the charges deriving from those regulations. The granting of a particular application for an exception to these main extension regulations, or charges and fees derived therefrom, shall not be construed as a precedent in any other case.
   (G)   Upon completion of a privately financed main extension and acknowledgment by the Village Manager that the construction was done satisfactorily, the applicant shall convey ownership of the main extension to the village and, upon acceptance thereof by the Village Council, it shall become part of the village’s water supply system.
(1984 Code, § 7-01-04-090) (Ord. 277, passed 6-10-1997; Ord. 352, passed 11-10-2002)