(a) Where Village utilities are extended beyond the current Village corporation limits and prior to rendering water, wastewater, or electric utility service to properties outside the current Village corporate limits, the landowner of the property to be served shall agree to the following:
(1) Jointly cooperate with the Village to annex the property into the Village corporate limits.
(2) If the property cannot be legally annexed to the Village, to enter into an agreement wherein the landowner and his or her successors in interest waive their right to object to annexation. The agreement is to be recorded, and as such will constitute notice to and be binding upon successors in interest to the real estate described in the agreement.
(3) The Village determines it is in the best interest of the Village to annex the property upon it becoming contiguous.
(4) The property owners have entered into a pre-annexation agreement acceptable to and approved by the Village Council or its authorized representative of the Village, which, among other things, provides the property is subject to and will be planned, designed, zoned, developed, and constructed under, in conformance and subject to all ordinances, codes, requirements, standards and regulations of the Village.
(5) The Village Utility System has capacity and facilities sufficient to serve the property.
(6) The property owner has paid the Village all applicable fees and costs.
(7) Nothing in this section shall require the Village to improve, expand or extend its Utility System to serve any property.
(8) Recognizing the Village Utility System currently serves property located outside of the Village's corporate limits, this section shall not apply to those unincorporated properties currently interconnected to and utilizing the Village Utility System so long as the existing zoning and current actual use of those properties as of the effective date of this section is not amended or in any way altered or changed.
(9) The owner of the property has the burden to establish by a preponderance of the evidence the property's zoning and use as of the effective date of this section.
(b) All potential utility customers shall enter into an agreement with the Village (utility service agreement). This agreement describes the terms and conditions for provision
of utility service (water, wastewater, and electric) to a proposed residential, commercial, or
industrial development including any fees and terms of fee payment.
(c) (1) Extension of water and sanitary sewer lines from the point of connection to the existing municipal system to and throughout the proposed development shall be the responsibility of the owner/developer of the subdivision or addition and shall be at his or her sole expense.
(2) The materials, design, layout, and construction of the proposed extension of utilities shall be subject to the acceptance and approval of the Village Council or its authorized representative.
(d) In order to facilitate future expansion or development, the Village may require the developer to oversize utility lines or extend utilities through the proposed development. Costs for oversizing and/or extension beyond the area to be served by the developer will be the
responsibility of the Village.
(e) Expense and work required for extension of electric utility lines from the point of connection to and throughout the proposed development shall be evaluated by the Village on a case-by-case basis with the costs associated therewith being paid as stipulated by the Village.
(Ord. 849-3-23. Passed 3-22-23.)