(A) A request for pro rata reimbursement must be included in the developer agreement executed in connection with the development of the subdivision.
(B) The developer shall provide the town itemized reports of the costs incurred in constructing the utility main extensions. The Town Secretary shall maintain records of expenditures for each utility main extension project. Fees for inspection and management of the program shall be recovered by the town.
(C) The developer shall be entitled to reimbursement from pro rata costs charged to other developer’s who connect to the utility mains for a period not to exceed seven years from the date of acceptance of the utility main extensions by the town.
(D) The reimbursement amount shall be assessed on a linear foot frontage basis. State or federal government properties which are not subject to development shall not be included in the acreage calculation.
(E) In the event that both a transmission and a distribution main are located along the frontage of the developer’s property, the fee will be based upon the distribution main only.
(F) Reimbursements will be made to the original developer signing the developer agreement with the town, which is nontransferable, unless otherwise stated within the agreement. Reimbursements shall be made at the time a new developer connects to the main extension beginning at the acceptance of the utility main extension, and upon written request from the original developer. The total amount reimbursed shall not exceed 100% of the actual construction costs. Reimbursement funds shall be paid to the town who shall in turn make payment to the original developer.
(G) Extension fees shall be determined by the following calculation:
(1) Extension fees = length of property along which the line(s) is/are located, multiplied by the cost of utility main installation per linear foot as specified in the itemized report submitted by the developer.
(2) With approval of the town, costs for the procurement of easements, dedications and public rights-of-way shall be totaled and divided by the linear foot length of the utility main extension. The per foot cost shall be added to the actual utility main extension cost.
(H) Fees will be collected from property owners or developers who will be served by the main extension prior to the approval of their final plat or site plan, or issuance of their building permit, whichever is first. The original developer shall request payment from the town of any money which has been collected pertaining to the project.
(Ord. 353, passed 7-10-2013)