(A) Where town utilities are extended beyond the current town corporation limits and prior to rendering water and sewer utility service to properties outside the current town corporate limits, subject to the limitations of state law, the landowner of the property to be served shall agree to the following:
(1) Jointly cooperate with the town to annex the property into the town corporate limits.
(2) Or, if the property cannot be legally annexed to the town, to enter into an agreement wherein the landowner and his successors in the interest waive their right to object to annexation. The agreement is to be recorded, and as such shall constitute notice to and be binding upon successors in the interest to the real estate described in the agreement.
(B) All proposed development areas shall enter into an agreement with the town (Utility Service Agreement). This agreement describes the terms and conditions for provision of utility service (water and sewer) to a proposed residential, commercial or industrial development including and fees and terms of fee payment.
(C) Extension of water or sewer lines from the point of connection into the existing municipal system to and throughout the proposed development area shall be the responsibility of the owner/developer of the subdivision, parcelization, division, or addition, and shall be at his sole expense. The materials, design, layout and construction of the proposed extension of utilities shall be subject to the acceptance and approval of the Town Council or its authorized representative.
(D) In order to facilitate future expansion or development, the Town Council may require the developer to oversize utility lines or extend utilities though the proposed development area. Costs of oversizing and/or extension beyond the area to be served by the developer shall be the responsibility of the town.
(Ord. 2019-1001, passed 10-1-2019)