(A) Owner to bear the cost. Any property owner or developer wishing to develop a lot, tract, or parcel of ground and wishing to connect improvements constructed thereon to the village systems shall bear all the costs incidental to the construction and installation of the sewer system components. Said construction and installation shall be done in accordance with these regulations.
(B) Provision for extension of systems. Any property owner or developer wishing to develop a lot, tract, or parcel of ground and wishing to connect said improvements constructed thereon to the village systems, shall be required to construct as part of said improvements such systems components as the village shall direct at the owner’s or developer’s expense.
(C) Offsite construction of village systems. The village does not guarantee that it will have sewer system components available to any parcel or tract of ground within the village. In the event that an owner or developer constructs or installs systems components outside the area being so developed, said installation and construction shall nonetheless be done in accordance with these regulations. Further, all said installation and construction shall be at the expense of the owner or developer.
(D) Conveyance of systems components by owner or developer.
(1) Prior to the time that the village begins to render sanitary sewer service to any owner or developer of property, the owner shall convey to the village, without additional consideration from the village, all of the system components and easements which are or are caused to be acquired, installed, or constructed by the owner and which are reasonably required in order for the village to provide sanitary sewer service to the owner’s property, except that the owner shall not convey any part of the service lines connecting the individual dwellings or buildings with the sanitary sewer mains or lines.
(2) (a) All personal property conveyed pursuant to this regulation for sanitary sewer service shall be conveyed by duly executed bill of sale conveying all rights, title and interest of owner and all easements and land rights-of-way shall be conveyed by duly executed deed of easement or recorded plat. Such conveyances of personal property shall convey ownership free of liens.
(b) Such conveyances shall grant to the village good title to the easements, free and clear of all rights of dower and all liens, easements, restrictions, conditions, covenants, and encroachments, except the liens of real estate taxes and assessments and any easements, restrictions, conditions, covenants, and encroachments which would not prohibit or unreasonably interfere with the installation, operation, maintenance, and repair of one or more sanitary sewer lines or mains or water lines and those defects which village is willing to waive.
(3) At the time of conveyance described in this regulation, the owner shall assign to village all obligations or warranties whether express or implied, created by law or by contract, by manufacturers, contractors, and vendors of the personal property comprising the sanitary sewer system within the owner’s property, to the extent the same may be assignable.
(4) The owner agrees that it will fully cooperate with village in enforcing any warranties given by or claimed against all manufacturers, contractors, and vendors of the personal property so conveyed, provided that any costs or expenses in connection therewith shall be borne by the village. The owner will not knowingly waive any such warranties which it obtains.
(Ord. 287, passed 3-12-2024)