(a) Definitions. As used in this section:
(1) “Available frontage” means the frontage for all parcels which abut a water main. On corner parcels, the frontage shall be the shortest frontage which abuts a street right-of- way. Parcels which already abut a water main shall not be considered as part of the available frontage.
(2) "Contract area" means an area served with water by the Village where a contract exists between the Village and a political subdivision.
(3) "Corner parcel" means a lot or parcel abutting two or more intersecting streets.
(4) "Front foot" means the frontage which abuts a street right of way. On corner parcels, "front foot" means the shortest frontage so abutting a street right of way. When the property to be served does not abut a street right of way, "front foot" means the width of the parcel.
(5) "Noncontract area" means an area outside the Village served with water by the Village where no contract exists with a political subdivision.
(6) "Service connection" means the connection of all or any part of the water line from the tap to, and including, the meter.
(7) "Service line" means the connection to a water main and that water line which extends from the corporation stop to, and including, the curb stop and box.
(8) "Water main tap" means a threaded opening made into the Village water main for the acceptance of a corporation stop.
(9) "Water service outside the Village" means water service furnished to consumers in contract areas or water service authorized by the Village Council for consumers in noncontract areas outside the Village.
(b) Water Main Construction Reimbursement Charge; Exceptions. Each applicant for water service shall, at the time of application, pay the sum of twenty-five dollars ($25.00) per front foot of the property to be served if such property is located within the Village, and thirty-five dollars ($35.00) per front foot of the property to be served if such property is located outside the Village, provided that this charge shall not be imposed for the replacement of a tap or increase in size of an existing tap, and provided further that this charge shall not be imposed if the owner of the property concerned can show that he or she, or his or her predecessor in title, paid, or is paying, a special assessment for the construction of any of the water mains which provide such service, or, at his or her own expense, constructed any of the water mains which provide such service. This charge is exclusive of service line charges, connection permits and capacity charges. This section does not apply to owners of lots in a properly developed subdivision whose water lines have been built by a developer and dedicated for public usage.
This section does not apply to owners of lots in a properly developed subdivision whose water lines have been built by a developer and dedicated for public usage.
(c) Water Main Extensions. The Village will provide water service to new consumers when it is determined that the water main extension is feasible, both economically and from an engineering point of view, and will not be detrimental to the best interest of the Village, having given consideration to the overall effect of the new water service on the total water system and to the long-term plans and probable future growth of the water system of the Village.
(d) Charge for Water Main Extensions.
(1) Contract areas (outside the Village). All water main extensions in areas having a contract with the Village for water service shall be installed and paid for as specified in the contract.
(2) Non-contract areas (outside the Village).
A. All water main extensions in areas having no contract with the Village for water service shall be installed and paid for by the developer, the applicant or the political subdivision requesting such service, at no expense to the Village, regardless of the size of the water main installed or the length of extensions.
B. Specifications and standards of construction for all water main extensions shall be approved by the Village Administrator.
C. 1. The size of all water mains shall be determined by the Village Administrator and shall be large enough not only to serve the areas under immediate consideration, but also to serve areas which are likely to be developed and which should be served by the water main under consideration.
2. Unless otherwise approved by the Village Administrator, no water main shall be smaller than eight inches nominal diameter.
D. All extensions of water mains shall include the installation of all taps, service lines, valves and fire hydrants. The number and location of fire hydrants shall be in accordance with the requirements set by the Village and shall be installed and paid for by the developer, the applicant or the political subdivision. The number and location of all taps, service lines and valves shall be as required by the Village.
E. All water mains and appurtenances shall be owned, operated and maintained by the Village with title to be vested in the Village upon completion of the water main.
(3) Within the Village.
A. All water main extensions in the Village shall be paid for by the developer or applicant requesting such extension. Where the Village requires the installation of a water main extension larger than eight inches in nominal diameter, the Village shall pay the difference in the cost of the pipes, fittings and valves between the installation of such eight-inch water main and the water main installed.
B. The Village Administrator shall determine from the records, or other sources, the cost of the pipes, fittings and valves, and this determination shall be final.
C. The Village Administrator may make recommendations to Council for water main extensions to be installed by a qualified developer, and the Village Administrator will make a recommendation to Council, whether the water main shall be installed by the Village or by the developer or applicant.
D. For each water main extension requested and installed by the Village, the Village Administrator shall make an estimate of the total cost involved, and the developer or applicant shall make a deposit to the Village that is sufficient to cover the estimated cost of the extension. If the actual cost of the extension is higher or lower than the deposit, the developer or applicant will be refunded the amount of any excess deposit or shall pay to the Village any deficit that may exist in the deposit, as the case may be.
E. When water main extensions are installed by the Village, the cost may be assessed against the abutting property owners, with the approval of Council. Such assessment shall be an amount equal to the total installation cost, unless the line is required by the Village to be larger than eight inches. When the Village requires the installation of a water main larger than eight inches, the amount assessed shall be the total installation cost less the difference in the cost of the pipes, fittings and valves between the installation of an eight-inch water main and the water main installed. The costs shall be determined as described in paragraph (d)(3) hereof.
F. The specifications and standards of construction for all water main extensions shall be subject to the approval of the Village.
G. The size of all water mains shall be determined by the Village Administrator and shall be large enough not only to serve the areas under immediate consideration, but also to serve areas which are likely to be developed and which should be served by the water main under consideration. Unless otherwise approved by the Village Administrator, no water main shall be smaller than eight inches nominal diameter.
H. All extensions of water mains shall include the installation of all taps, service lines, valves and fire hydrants. The number and location of fire hydrants shall be in accordance with the requirements of the Village. The number and location of all taps, service lines and valves shall be required by the Village.
I. 1. No water mains shall be installed except by the Village, unless authorized by an agreement between the Village and the developer or applicant. Where water mains are installed by a developer not owned by the developer or applicant nor included in the agreement, the developer or applicant shall be entitled to reimbursement from the funds collected by the Village for such connections pursuant to subsection (b) hereof when such parcels are connected to the water main within ten years after the completion of the water main. The amount of the reimbursement shall be determined by dividing the cost of the water man paid for by the developer or applicant by the available frontage abutting on the water main, provided that the total amount of reimbursement shall not exceed twenty dollars ($20.00) per front foot of property served.
2. To be eligible for this reimbursement, the developer or applicant must file with the Village, within ninety days after the completion of the water main, in accordance with the standards and specifications adopted by the Village, receipts for all labor and material used in connection with the construction of the water main, together with final, as-built plans, properly referenced for future location of the work.
J. The Village Administrator shall issue a letter of completion within thirty days after he or she receives a certified cost of construction statement as herein provided. The water mains and other appurtenances shall, effective the date of the letter of completion, become the property of, and title shall immediately vest in, the Village, its successors or assigns. All easements and rights of way shall be transferred to the Village.
(e) Establishment of Water Main Construction Reimbursement Fund.
(1) There is hereby established a special fund to be known as the Water Main Construction Reimbursement Fund, which shall be used exclusively for the deposit of water main construction reimbursement charges and for the payment of reimbursements to developers for off-site extensions.
(2) Moneys received and disbursed pursuant to the authorization of this section shall be accounted for on a project-by-project basis so that reimbursement to developers is directly related to water main construction reimbursement charges paid by owners of properties abutting their improvement.
(f) Variances. There will be no exceptions granted in whole or in part to this section, except that upon application and allegations, submitted in writing, that extraordinary circumstances may deter strict compliance with this section, the case may be referred to the Village Council for the purpose of hearing the cause and determining limitations. In order that substantial justice may be done and the public interest may be served, the Village Administrator may recommend the adoption of modified regulations in lieu of the regulations causing hardship, provided that such variation will not have the effect of nullifying the intent and purposes of this section, with the approval of Council.
(Ord. 1179. Passed 10-15-90; Ord. 1582. Passed 9-17-07.)