(A) Where a sanitary sewer main that was extended by a developer in accordance with this subchapter also permits a service lateral connection by a party that was not a participant in the construction of that main, the Town Council and developer may enter into an agreement concerning the reimbursement of a pro rata share of the expenses incurred by the developer in the installation of that main.
(B) The agreement must comply with the following.
(1) The agreement can only apply to service lateral connections made directly into the main installed by the developer and cannot apply to indirect connections or to extensions of the main.
(2) The developer must determine the total number of potential service lateral connections, including the developer’s connections, that can be made directly into the main, and the true and actual cost of the main extension, which shall be certified by a professional engineer.
(3) A pro rata share shall be determined by dividing the true and actual cost of the installation by the total number of potential service lateral connections.
(4) The total amount of the reimbursement cannot exceed the true and actual cost of the installation minus the developer’s pro rata shares.
(5) The term of the agreement shall not exceed 15 years from the date of acceptance of the system by the town, after which no reimbursements will be made.
(6) The town will collect the special assessment in addition to other fees and shall reimburse special assessments to the developer on a quarterly basis.
(7) The basis for reimbursement and the form of agreement must be approved by the Town Council.
(C) An agreement under this section cannot be used where the requirements under I.C. 36-9-22-2(b) apply.
(Ord. 2002-01, passed 10-7-2002)