(A) (1) The developer shall pay all costs attributable to the installation of water, sewage, street and drainage facilities as are needed to fulfill the basic criteria requirements to the town for service to his or her subdivision. Such costs generally comprise the following:
(a) Easement or right-of-way cost;
(b) Direct construction cost;
(c) Engineering design and general administration;
(d) Review and handling of plan and contract documents;
(e) Construction layout, cut sheets and field adjustments;
(f) Inspection and acceptance by town;
(g) Fees assessed by others not within the control of the town.
(2) In all cases, the developer shall furnish or pay for all easements or rights-of-way, and all fees or assessments by other parties not within the control of the town. Also, in all cases, the developer shall pay to the town a fee in the amount of 4% of the actual construction cost for which the town reviews the plans and contract documents and performs the inspection and acceptance of the work (division (A)(1)(d) and (f) above. The developer shall employ his or her own engineer to furnish the engineering design, general administration, construction layout, cut sheets and field adjustments (division (A)(1)(c) and (e) above) at no cost to the town.
(B) All subdivision extensions shall be covered by a developer agreement, which clearly defines the scope of details of the proposed extension and particularly contains the developer’s agreement to abide by all regulations of the town and to deliver to the town clear and unencumbered title to all the proposed improvements at the time of acceptance by the town, which must be prior to commencing service.
(C) The town shall participate in the cost of subdivision extensions only where and to the extent that oversized facilities in addition to the subdivision’s needs are required for the proper overall benefit of the system. Such oversizing needs shall be determined by the Town Engineer(s) with concurrence of the Town Administrator and shall be authorized only by approval of the City Council.
(D) When the town participates in the cost of constructing the project by oversizing facilities, or other participation, the contract for construction shall be executed between the town and the developer or contractor after compliance with all statutory requirements for advertising and receiving competitive bids. When the town does not participate in the construction costs of the project, the contract for construction may be negotiated between the developer and the contractor of his or her choice, or bids may be received. In cases where the construction contract is between the town and the contractor, the developer will then place in escrow, with the town, funds totaling the amount of the contract plus the appropriate percentage fees as outlined in division (A) above.
(E) Refunds to the developer shall be made only for applicable situations involving connections to off-site facilities (approach mains) or boundary facilities, and then only when provisions for such refunds are specifically provided for in the developer agreement executed prior to construction of the extensions.
(Ord. 353, passed 7-10-2013)