(A) Reserved.
(B) Reserved.
(C) All persons or entities who propose development requiring new or upgraded public water service facilities shall bear all costs associated with such establishment or upgrading of the water service facilities to serve such development.
(D) In order to ensure the proper and orderly development of the public water system, it may be necessary for the Water Division Manager to require of a developer the construction of water system facilities over and above the needs of a developer's project.
(1) In such instances, the developer is entitled to enter into a water facilities recapture agreement with the town, whereby the developer may be reimbursed for any expenses associated with the oversizing of water system facilities for any future users of the water system facilities.
(2) In no event shall a developer recover more than 100% of the cost representing construction of the upgraded or oversized facilities.
(E) All planned improvements and alterations of the town's water system facilities shall be approved prior to construction and shall pass final inspection prior to town's acceptance of the construction.
(1) The town shall receive title to all improvements and alterations, free and clear of all liens or encumbrances.
(2) All water system facilities shall be constructed within dedicated easements, or if necessary, upon land for which title is deeded to the town.
(F) All construction and alterations to the water system facilities shall be governed by a two-year warranty for parts and labor which will benefit the town.
(1) The two-year warranty shall commence upon the date the town finally approves the construction and has received title to the constructed water system facility.
(2) During the course of construction or alteration of the town's water system, the town shall be held harmless from all claims arising from the course of construction by all contractors, and all owners or employees of contractors.
(G) When a homeowner extends public water mains or fire protection facilities solely for the benefit of his or her residence, he or she shall be entitled to enter into a special recapture agreement, whereby the homeowner is entitled to receive for each lateral connection to the public water main a sum of money equal to the following formula, the money to be collected from anyone wishing to construct a service connection to the main by the Water Department as a recapture fee and forwarded to the homeowner:
Total homeowner cost to construct main divided by the total number of building units that could be connected to that main (based on number of lots times the density per each lot that could be served in effect at the time the special recapture agreement is executed).
(1) This recapture program shall be limited to a period of ten years after the Water Department's acceptance of the facilities.
(2) If a person builds on a lot or parcel that could be served by these facilities, but does not desire public water service, the fee is due before issuance of a building permit.
(H) In the event town monies are used to construct public water mains, pressure booster facilities, and/or fire protection facilities, a special recapture condition is implied, whereby the town may recover such monies based on a per-lot or unit served pro rata division of the entire monies expended for such facilities on any particular construction project.
(I) (1) Specifications and requirements for the design and construction of facilities necessary for the expansion of the public water system shall be on file with the Town Engineer.
(2) In order to ensure its proper and orderly development, the Water Division Manager shall review all plans and documents relating to the expansion, extension or construction of the public water system.
(3) The Water Division Manager shall recommend changes necessary to assure the proper growth of the water system on a town-wide basis.
(4) The Water Division Manager shall approve all proposed additions to the public water system if and when such additions are determined to be for the public benefit as a whole, as well as for the benefit of any particular development.
(5) In the event it is necessary to alter or change any specifications or requirements relating to the design and construction of the public water system, the Water Division Manager shall make necessary changes and file them with the Town Engineer.
(Res. 2767, passed 4-17-14; Am. Ord. 846, passed 4-17-14; Am. Ord. 847, passed 5-15-14)