(A) The words reclaimed and stripped ground have reference to real property that had been the subject of strip mining for coal or other minerals, which ground has either been reclaimed pursuant to a reclamation plan to restore the grade of the real estate to its original condition, or as nearly thereto as has been approved by the state or other governmental agency, or is unreclaimed real estate.
(B) There is hereby created by this section the Reclaimed and Stripped Ground Maintenance Fund to be set aside by the Town Sewer Department and into which funds shall be deposited paid pursuant to this section.
(C) The Reclaimed and Stripped Ground Maintenance Fund shall be segregated and kept apart and the funds used therefrom only for purposes of maintenance, repair, construction or reconstruction of sewer lines, both gravity and force main, on reclaimed or stripped ground that had been accepted by the town for maintenance and ownership.
(D) In addition to meeting the requirements in the town’s published Sewer Construction Standards, all sewers, gravity or force main, which are constructed on reclaimed or stripped ground shall not be attached to the town sewer system, and will not be owned by the town, nor maintained by the town, unless the surcharge established by this section has been paid to the town on or before the date of connection of such sewers to the town’s system.
(E) For all force main sewers, the surcharge to be paid to the town as an inducement to accept and maintain such force mains built on reclaimed and stripped ground shall be a surcharge of $1 per lineal foot of force main pipe.
(F) The surcharge to be imposed upon gravity sewer constructed on reclaimed or stripped ground, to induce the town to accept ownership and maintenance of such sewers, shall be $3 per lineal foot of pipe.
(G) No sewer may be connected to the town sewer system which is hereinafter constructed on reclaimed or stripped ground until such time as the surcharge imposed by this section has been paid by the developer.
(H) This section is in addition to all other ordinances of the town establishing fees and/or standards regarding sewers and does not waive tap-in fees or any other fee generally charged by the town for purposes of acceptance and ownership of sewers.
(I) (1) The fee structure above, and the imposition of fees thereunder, shall not apply to any real property which has been reclaimed ten years or more before the date of construction of the sewer.
(2) Any fees paid to the Sewer Department pursuant to division (A) through (H) above, which would not have been payable if this amendment were in place before such payment, shall be refunded upon proper claim by the payee.
(Ord. 1992-8, passed 8-19-1992; Ord. 1995-4, passed 2-22-1995)