(a) Definitions. As used in this section:
(1) "Available frontage" means the frontage for all parcels which abut a sanitary sewer. On corner parcels, the frontage shall be the shortest frontage which abuts a street right of way. Parcels which already abut a sanitary sewer shall not be considered as part of the available frontage.
(2) "Contract area" means an area served by the Village sanitary sewage system 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 by the Village sanitary sewage system where no contract exists with a political subdivision.
(6) "Riser pipe connection" means the connection to a sanitary sewer and the vertical riser pipe and bends that extend from the wye branch or the tee to the approved stopper.
(7) "Sanitary service outside the Village" means sanitary service furnished to consumers in contract areas outside the Village or sanitary service authorized by the Village Council for consumers in noncontract areas outside the Village.
(8) "Service connection" means the connection to a sanitary sewer and that sewer lateral which extends from the wye branch or tee to, and including, the stopper and wye pole.
(9) "Sewer cleanout" means a forty-five degree fitting, sewer pipe, manhole frame, cover and concrete collar, which provides access to the sanitary sewer.
(10) "Sewer lateral" means all or any part of a building sewer pipe and fittings from the main-line sanitary sewer to the building.
(11) "Stopper" means a plug inserted in the end of a sewer pipe to stop unwanted material from entering.
(12) "Wye branch or tee" means a fitting installed as part of the main-line sanitary sewer for connecting a sewer lateral.
(13) "Wye pole" means a wooden pole placed adjacent to the end of a service connection or fitting for location purposes.
(b) Sanitary Sewer Construction Reimbursement Charge.
(1) Each applicant for a service connection shall, at the time of application, pay the sum of thirty dollars ($30.00) per front foot of the property to be served if such property is located within the Village, and sixty dollars ($60.00) 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 connection or increase in size of an existing connection, and provided further that this charge shall not be imposed if the owner of the property concerned can show that he, or his predecessor in title, paid, or is paying, a special assessment for the construction of any of the sanitary sewers which provide such service, or, at his or her own expense, constructed any of the sanitary sewers which provide such service. This charge is exclusive of permit fees, connection costs and capacity charges.
(2) This section does not apply to owners of lots in a properly developed subdivision whose sanitary service connections have been built by a developer and dedicated for public usage.
(c) Sanitary Sewer Extensions. The Village will provide sanitary service to new consumers when it is determined that the sanitary sewer 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 service on the total sewage system and to the long-term plans and probable future growth of the sewage system of the Village.
(d) Char ga for Sanitary Sewer Extensions.
(1) Contract areas (outside Village). All sanitary sewer extensions in areas having a contract with the Village for sewer service shall be installed and paid for as specified in the contract.
(2) Noncontract areas (outside Village).
A. All sanitary sewer extensions in areas having no contract with the Village for sewer service shall be installed and paid for by the developer, applicant or political subdivision requesting such service, at no expense to the Village, regardless of the size of the sanitary sewer installed or the length of extensions.
B. The specifications and standards of construction for all sanitary sewer extensions shall be approved by the Village Administrator and the Village Water and Wastewater Technician.
C. The size of all sanitary sewers shall be determined by the Village Administrator and the Village Water and Wastewater Technician and shall be large enough not only to serve the area under immediate consideration, but also to serve areas which are likely to be developed and which should be served by the sanitary sewer under consideration.
No sanitary sewer shall be smaller than eight inches nominal diameter.
D. All extensions of sanitary sewers shall include the installation of all manholes, cleanouts, service connections and riser pipe connections. The number and location of manholes, cleanouts, service connections and riser pipe connections shall be in accordance with the requirements of the Village Administrator and the Village Water and Wastewater Technician and shall be installed and paid for by the developer or applicant.
E. All sanitary sewers shall be owned, operated and maintained by the Village with title to be vested in the Village upon completion of the sanitary sewer.
(3) Within the Village.
A. 1. All sanitary sewer extensions in the Village required by the Village Administrator and the Village Water and Wastewater Technician to meet the applicant's needs shall be paid for by the developer or applicant.
2. Where the Village requires the installation of a sanitary sewer extension larger than that required to meet the applicant's needs, the Village shall pay the difference in cost of the pipes, wye branches and manholes between the installation of the sanitary sewer required to meet the applicant's needs and the sanitary sewer installed.
B. The Village Administrator and the Village Water and Wastewater Technician shall determine from the records, or other sources, the cost of the pipes, wye branches and manholes, and this determination shall be final.
C. The Village Administrator may make recommendations to Council for sanitary sewer extensions and the Village Administrator shall determine whether the sanitary sewer shall be installed by the Village or by the developer or applicant.
D. For each sanitary sewer extension requested and installed by the Village, the Village Administrator shall make an estimate of the total costs 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 sanitary sewer extensions are installed by the Village, the cost may be assessed against the abutting property owners, with the approval of the Village Council. Such assessment shall be an amount equal to the total installation cost, unless the sewer is required by the Village to be oversized as described in paragraph (d)(3)A. hereof. When the Village requires the installation of an oversized sanitary sewer, the amount assessed shall be the total installation cost less the difference in the cost of the pipes, wye branches and manholes between the installation of the developer's or the applicant's required sanitary sewer and the sanitary sewer installed. The costs shall be determined as described in paragraph (d)(3)B. hereof.
F. The specifications and standards of construction for all sanitary sewer extensions shall be subject to the approval of the Village Administrator.
G. 1. The size of all sanitary sewers 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 sanitary sewer under consideration.
2. Unless otherwise approved by the Village Administrator, no sanitary sewer shall be smaller than eight inches nominal diameter.
H. All sanitary sewer extensions shall include manholes, cleanouts, service connections and riser pipe connections. The number and location of manholes, cleanouts, service connections and riser pipe connections shall be in accordance with the requirements of the Village.
I. No sanitary sewer shall be installed except by the Village, unless authorized by an agreement between the Village and the developer or applicant. Where sanitary sewers are extended by a developer or applicant and abut on parcels 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 sanitary sewer within ten years after the completion of the sanitary sewer. The amount of the reimbursement shall be determined by dividing the cost of the sanitary sewer paid for by the developer or applicant by the available frontage abutting on the sanitary sewer, provided that the total amount of reimbursement shall not exceed thirty dollars ($30.00) per front foot of property served. To be eligible for this reimbursement, the developer or applicant must file with the Village, within ninety days after the completion of the sanitary sewer, 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 sanitary sewer, 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 receives a certified cost of construction statement as herein provided. The sanitary sewer 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) (1) Establishment of Sanitary Sewer Construction Reimbursement Fund. There is hereby established a special fund to be known as the Sanitary Sewer Construction Reimbursement Fund, which shall be used exclusively for the deposit of sanitary sewer construction reimbursement charges and for the payment of reimbursement 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 sanitary sewer construction reimbursement charges paid by 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 variations will not have the effect of nullifying the intent and purpose of this section, with the approval of Council.
(Ord. 1180. Passed 10-15-90; Ord. 1583. Passed 9-17-07.)