Subject to Board of Commissioners approval as provided in §§ 6-6.5 and 6-6.6, the town shall allow extensions within new developments upon the request of the developer or property owner. The responsibility for and cost of such extensions shall be borne by the requesting party, except as provided below.
(A) If town planning documents and engineering calculations demonstrate that a larger capacity extension or modification to the town utilities will be needed to serve a surrounding area, the town may elect to require the owner or developer to design and install larger diameter pipes than those required to serve the subdivision or private development. The owner or developer shall request and receive bids from at least three contractors for the installation and materials required to serve the subdivision or private development with water and wastewater collection and bid the pipe sizes requested by the town as an alternate. If the town elects to require the developer to up-size pipe diameters to accommodate future town utilities service demands, the town may pay the developer in an amount, as negotiated between the town and owner or developer, based on the difference between the base bid and the alternate bid. Any reimbursement shall be by developer contract. Such developer contract shall be written to provide an equitable distribution of the cost of improvements to the town's system(s) consistent with the policies and fees established in this chapter, or other ordinance(s) and in consideration of the relative burden placed upon the system by the proposed development, the extent to which other town customers may benefit from the improvement, the extent to which fees maybe or have been paid by others for future improvements, the requirements of § 6-6.12 and other relevant factors.
(B) The total amount to be reimbursed to the developer, owner, or developer by the town under this section shall not exceed the costs incurred by the developer, owner, or developer in constructing the extension(s).
(C) The terms and conditions of any reimbursement or financial participation by the town pursuant to this article shall be set forth in a written contract between the town and the developer or property owner for which the extension is to be constructed. Failure to reach a reasonable cost for any over- sizing size may result in the denial of the extension.
(Adopted 7-10-2018)