1040.195   OVERSIZING WATER AND SEWER LINES FOR FUTURE DEVELOPMENT.
   (a)   Whenever water or sanitary sewer lines are laid at the expense of the city without the cost thereof being paid for by or assessed against all the property owners abutting such lines and benefitted thereby, the owner of the abutting property to be served by such lines and for which property the cost thereof has not been paid or assessed shall pay his pro rata share as determined herein before tapping therein.
   (b)   Whenever such lines are laid by the owner or another person with the authority of and under the direction of the Director of Public Service, except in cases where the owners of new subdivisions are required to make such installation at their expense by the order of the Planning Board pursuant to the Subdivision Regulations, such owner or other person shall certify to the Director in such detail as he may require the cost of the oversizing immediately upon completion. The costs shall be subject to the approval of the Director and may be reduced if the Director, with the advice of the City Engineer, in his discretion is of the opinion that such costs are excessive.
   (c)   Whenever such lines are laid by the owner or another person with the authority of and under the direction of the Director of Public Service in cases where the owners of new subdivisions are required to make such installations at their expense by the order of the Planning Board pursuant to the Subdivision Regulations, and the Director also requires that said installations be made with lines larger than that needed for the new subdivision alone in order to allow for future growth and development adjacent to said new subdivision, such owner or other person shall certify to the Director in such detail as he may require the cost of the improvements immediately upon completion. The costs shall be subject to the approval of the Director and may be reduced if the Director, with the advice of the City Engineer, in his discretion is of the opinion that said costs are excessive.
   (d)   The owner of any abutting property thereby serviced by such lines in situations described in divisions (a), (b) or (c) herein, shall pay his pro rata share of the costs thereof as determined herein before tapping therein.
      (1)   The funds so received shall be paid to the person who paid the cost of such lines and certified the costs thereof to the Director, or such person's heirs, executors, administrators, or assigns; however, no such payment shall be made after the elapse of more than fifteen years after the completion of the job.
      (2)   All funds received after said fifteen-year period shall be deposited into the Capital Improvement Fund of the Department of Public Service.
   (e)   The Director of Public Service shall determine a property owner's pro rata share by dividing the cost of the improvement by the total number of lineal front footage of the project and multiplying that quotient times the number of lineal front footage of said property owner.
(Ord. 97-03, passed 3-3-97; Ord. 2022-15. Passed 5-16-22.)