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§ 50.072 IN-TOWN EXTENSIONS WITHIN NEW SUBDIVISIONS AND OTHER NEW DEVELOPMENTS.
   (A)   As indicated in § 50.070 above, the town's responsibility is to extend its water and sewer lines to properties within the town. However, the responsibility for extending water and sewer lines within new subdivisions or within other new developments lies with to subdivider or developer, although the town may in its discretion contract with the subdivider or developer to install water or sewer lines with town forces.
   (B)   The cost of extending water or sewer lines within new subdivisions or other new developments shall be borne by the subdivider or developer, subject to the following:
      (1)   If the town requires lines within a subdivision or other new development that are larger than those necessary to serve the project and are so located to serve other properties, the town shall reimburse the developer for any additional costs incurred as a result of installing the oversized lines. Reimbursement shall be paid at the time the lines are connected to the town's system; and
      (2)   In subdivisions, the town may allow the availability charge (§ 50.005 above) to be deferred by the subdivider and paid before service initiation by the first subsequent owners of the lots sold.
(1981 Code, § 14-53)
§ 50.073 OUTSIDE OF TOWN.
   (A)   The town has no responsibility to provide water or sewer service to property located outside the corporate limits. However, upon request, the town may extend its water or sewer lines to serve properties outside the town when it determines that it is in the town's best interest to do so.
   (B)   Any owner of property outside the corporate limits who seeks an extension of the town's water or sewer system to serve his or her property may make an application for the extension to the town. The owner shall provide all information the town deems necessary to determine whether the requested extension is feasible and in the town's best interest.
   (C)   Unless otherwise determined by the Council the responsibility for and the entire cost of extending a water or sewer line to serve property outside the town shall be borne by the property owner requesting the extension, subject to the town's reimbursement policy set forth in § 50.077 below. In addition, subject to the provisions of § 50.077 below, the entire cost of extending lines within new subdivisions or developments outside of town shall be borne by the subdivider or developer, except that, with respect to subdivisions, the town may allow the availability charge to be deferred by the subdivider and paid before service is initiated by the first subsequent owners of the lots sold.
(1981 Code, § 14-54)
§ 50.074 EXTENSIONS MADE BY OTHER THAN TOWN FORCES.
   (A)   All additions to the town's water or sewer system installed by other than town forces, whether inside or outside the town, shall be installed in accordance with the provision of this chapter as well as other town specifications and requirements. Among other matters, the specifications shall govern the size of all lines, their location, grade, materials used, manner of installation and provision for future extensions.
   (B)   No construction on any addition to the town's water or sewer system shall commence until detailed plans have been reviewed and approved by the Administrator. Plans shall include whatever information the Administrator deems reasonably necessary to determine whether the proposed extension complies with all applicable town specifications and requirements.
   (C)   Water lines intended for addition to the publicly owned water system will be allowed to connect to the system only if installed within the right-of-way of a publicly dedicated and opened street, except that the town may accept an offer of dedication of lines installed within unsubdivided commercial or industrial developments if necessary easements are provided. Sewer lines shall also be installed within public street rights-of-way wherever practicable, but the town may accept sewer lines constructed on private property (where the topography makes this necessary) if adequate permanent easements are provided.
   (D)   To protect street surfaces, the town may require that whenever extensions of water or sewer line are made to properties or within new subdivisions, laterals be extended to all properties expected to tap on to water or sewer lines.
   (E)   By making application for extension to the town's water or sewer system, the person responsible for the extension agrees to indemnify and holds the town harmless from all loss, cost, damage, liability or expense resulting from injury to any person or property arising out of the extension of the service lines.
(1981 Code, § 14-55)
§ 50.075 INSPECTION BY TOWN OF WORK DONE BY OTHERS.
   (A)   All work on the extension of water or sewer lines not performed by town forces (whether inside or outside the town) shall be subject to inspection by the town. If, in the judgment of the Administrator, there is a demonstrated lack of competent supervision by a contractor, the Administrator may at his or her option:
      (1)   Halt work until approved supervision is obtained and the work done in accordance with town specifications and requirements; or
      (2)   Provide constant inspection by town personnel at the expense of the applicant.
   (B)   Inspection of a project by the town does not consist of or imply supervision. The person requesting the extension is solely responsible for ensuring that the project is completed according to town specifications (if the work is not done by town forces) and may be required to rearrange or do over, any work to bring it into conformity with those specifications and requirements.
(1981 Code, § 14-56)
§ 50.076 DEDICATION OF WATER AND SEWER LINE EXTENSIONS.
   (A)   All water and sewer mains constructed and connected with the facilities of the town pursuant to this subchapter shall be conveyed to and become the property of the town upon completion and acceptance by the town. Connection to the system and acceptance by the town shall constitute dedication of a water or sewer main extension by the person responsible for the extension.
   (B)   Following dedication as provided in division (A) above, the town shall have exclusive control of all water or sewer lines and shall be responsible for their maintenance, repair and operation. However, the conveyor of additions to the system shall guarantee the entire project against defective material and workmanship for a period of 12 months from the date of completion and acceptance of the project, including incidental damages as may arise from the claims.
(1981 Code, § 14-57)
§ 50.077 REIMBURSEMENT.
   (A)   Eligibility. Reimbursement may be made to a developer or other applicant for expenses incurred in providing facilities that are subsequently utilized by the town to serve other customers. No allowance will be made for any lines that are not designed to serve lands outside the applicant's project. Lines or other system components subject to reimbursement shall be:
      (1)   Those that are located between a subdivision or project and a facility of the town water and sewer system and which are so sized as to serve other properties. In this case the maximum reimbursable amount shall be the actual cost of the lines less the amount that the original developer would have had to pay for front footage fees. Reimbursement is to be made from front footage charges levied against property served directly by the connections; and
      (2)   Those within a subdivision or project (located outside the town) that are of a size in excess of the need of the project itself and are so located to serve other properties. In this case the maximum reimbursable amount shall be only the extra cost incurred by installing lines larger than needed to serve the subdivision or project itself. Reimbursement is to be made from availability fees levied against any property developed simultaneously or subsequent to the installation of the lines or served by the lines.
   (B)   Reimbursement agreement. The town shall execute a reimbursement agreement with any developer or applicant who finances an extension subject to reimbursement pursuant to this section. The agreement shall be prepared by the town and shall contain a description of the subject water and sewer lines and describe the conditions under which the developer or applicant may receive a reimbursement from the town. The agreement shall be signed by both parties.
   (C)   Basis for payment.
      (1)   The reimbursement period for each developer shall expire 10 years following the initial date of service to the development.
      (2)   No interest on cost pending reimbursement shall be allowed.
      (3)   Reimbursement due an original developer under a reimbursement agreement shall be paid by the town to the developer within 30 days following the end of the quarter from collections made during that quarter.
      (4)   Any developer making a subsequent connection to a main that is itself installed under a reimbursement agreement will be eligible to receive reimbursement from fees and charges only after the claim of the first developer is satisfied in full or the reimbursement period has expired, whichever first occurs.
Likewise, a third developer and any subsequent developers connecting to a line having a reimbursement agreement shall receive reimbursement in accordance with the sequence of the effective dates of the reimbursement agreements.
      (5)   When availability fees are collected from property that is located between 2 lines installed under separate reimbursement agreements, the town will determine a fair and proportionate distribution of the available funds based on the design of the system and the amount of reimbursement for which each is eligible.
(1981 Code, § 14-58)
FIRE PROTECTION SERVICE
§ 50.090 FIRE HYDRANTS.
   (A)   The developers of subdivisions and unsubdivided developments, whether inside or outside the town, may be required as a condition of connecting to the town's water system to install fire hydrants in accordance with town requirements and specifications. Among other matters, requirements and specifications may govern the number, locations and type of hydrants required.
   (B)   The town may contract with a developer to install fire hydrants required pursuant to division (A) above. The full cost of providing for hydrants shall be borne by the developer, except that within the corporate limits, the town may install at its expense hydrants provided at the developer's expense.
   (C)   Connection to the town's water system of any hydrant constructed pursuant to division (A) above shall constitute dedication to the town of a hydrant.
   (D)   All hydrants locate within the right-of-way of a dedicated street or on other town property shall be maintained by the town without charge, except that the town may include a hydrant maintenance charge in the fire protection service fees charged to the county for any area served by the town outside its corporate limits.
   (E)   Hydrants located on private property shall be maintained by the town and a charge therefore shall be added to the customer's bill, as specified in § 50.005 above.
   (F)   No person, other than an authorized representative of the town, may draw water from or otherwise tamper with any hydrant.
(1981 Code, § 14-65) Penalty, see § 50.999
§ 50.091 FIRE PROTECTION SERVICE LINES.
   (A)   Subject to the provisions of this subchapter, the town may allow fire protection service connections to be made to the town's water lines.
   (B)   All fire protection service connections shall be made in accordance with town requirements and specifications and only after the town has reviewed and approved detailed plans for fire protection service lines and facilities. Final connection to the town system shall not be made until the Administrator has inspected and approved the installed fire protection system.
   (C)   Private fire protection systems, including standpipes, sprinkler systems and private reservoir systems, shall be constructed and installed only by persons properly licensed to do the work. Lateral extensions and taps shall be made by the town, and fees shall be charged therefore as provided in § 50.005 above.
   (D)   Backflow prevention conforming to town specifications shall be installed at points in the fire protection system as necessary to assure protection of the water supply.
(1981 Code, § 14-66)
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