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§ 50.04 CONNECTION REQUIRED; EXPENSES.
   (A)   All persons owning, leasing or using real property, buildings or fixtures within the service area of the water system may cause all structures located on said property to be connected to said water system by submitting the appropriate permit application and paying the appropriate fees. All expenses of such connection within the property line (lines) shall be borne by the owner of said property or building or the person using or leasing the same.
   (B)   All lots, parcels or tracts by which the water line passes or whose property line is within 200 feet of a water main which are not connected to the water system in accordance herewith shall connect to the water system within 90 days of notice. As to any provisions of this chapter that conflict with or contravene this section, this division (B) shall prevail and be construed as if to give a consistent meaning to such sections.
   (C)   All new residential, commercial or industrial developments shall connect to the water system if the water main is within 200 feet of the property line and shall pay the appropriate fees.
   (D)   After completion of the initial phase of construction, property owner connecting to the water system shall have 60 days to connect to the system. For those property owners who may require additional time, a written request for a maximum 30-day extension shall be issued to the town for consideration. The request shall be presented two weeks prior to the imposed connection time limit.
   (E)   Any parcel produced from a parcel split shall be required to connect to the water system.
   (F)   Any existing non-conforming use parcel of land shall be required to connect to the water system.
(Prior Code, § 17-1-4) (Ord. 96-03, passed - -1996; Res. 96-01, passed - -1996; Ord. 98-04, passed - -1998; Ord. 10-02, passed - -2010)
§ 50.05 RATES AND CHARGES.
   (A)   Distribution system development charge is a charge for the town providing adequate sized water distribution lines at the boundaries of a lot, lots, subdivisions or development.
   (B)   A distribution system development charge shall apply to a property owner or developer when a connection is made to any portion of the town’s water distribution system.
   (C)   The charge shall be paid at such time as a water connection permit is issued for a single lot or at the time the construction assurances are posted with the Town Engineer for a subdivision or development.
   (D)   No connection to any portion of the town’s water distribution system is permitted until payment of the charge has been made.
   (E)   A unit of cost rate per acre shall be developed by taking costs of construction of two miles of 12-inch distribution line and two miles of ten-inch distribution line and then dividing their sum by 640, the number of acres in a regular section of land.
   (F)   Allowable items included in the costs of construction of the ten-inch and 12-inch distribution lines are: material and installation costs of pipe, valves, tees, crosses and the like; fire hydrants; and costs of engineering, construction staking and inspection.
   (G)   The unit cost rate shall be revised semi-annually.
   (H)   The two miles of ten-inch and two miles of 12-inch distribution lines included in the unit cost rate are the number of miles of distribution line in a typical section of land as required by the Water Master Plan.
   (I)   The unit rate per acre for the year 2000 is $1,200.
   (J)   A system development charge shall be calculated individually for each connection to the distribution system by multiplying the unit rate per acre by the total number of acres in the lot or development served by the connection. The total number of acres in a development shall mean the gross area within the development boundaries.
(Prior Code, § 17-1-7) (Ord. 96-03, passed - -1996; Res. 96-01, passed - -1996; Ord. 00-05, passed - -2000; Ord. 10-02, passed - -2010)
§ 50.06 SPECIFIC WATER SERVICE AREAS AND AREA-SPECIFIC WATER LINE EXTENSION FEES.
   (A)   The Department may recommend to the Council the acceptance of a specific water service area and the establishment of an area-specific water extension fee if:
      (1)   An applicant for a permit to construct and extend a water main requests that the Department approve construction of a water main with a capacity in excess of the size required to serve his or her development.
      (2)   The Department finds that such construction is:
         (a)   In accordance with the water service plan of the town;
         (b)   In the public interest; and
         (c)   That the water main extension would have sufficient capacity to serve property not owned by applicant.
      (3)   The owner of the development submits plans and specifications for construction of the water system in that service area to the Department for review and approval.
   (B)   The Department may establish a specific water service area and an area-specific water system extension fee. A specific water service area and/or fee shall contain the following:
      (1)   A description or map showing the specific water service area;
      (2)   The cost of construction and installation of the water system and related facilities or a method to determine those costs; and
      (3)   A requirement that all landowners or other persons who connect to the water system extension shall pay to the Department an amount equal to their pro rata share of the connection fee or a fee based on acreage or another appropriate method approved by the town. These payments will pay for the cost of the supply, the distribution system and related facilities and administrative costs of the Department incurred in administering the specific water service area.
   (C)   Prior to connection of the water system mains to the water system extension and area-specific water main, the Department may require such persons to pay their pro rata share of the cost as set forth in division (B)(3) above.
   (D)   Upon the recommendation of the Department, the water system may advance a portion, or all, of the costs of construction of a water system extension with a capacity to serve a specific water service area and may establish an area-specific water system extension fee pursuant to division (C) above. The area-specific water system extension fee shall be utilized to reimburse the Department for the cost of construction of the water system extension.
   (E)   (1)   Water system extensions may be granted by the Department at no cost to the user based on the financial viability of the extension and the projected user fees to be collected from additional system users connected to extension.
      (2)   A water system extension is generally determined to be financially viable if that extension generates sufficient demand and subsequent connection fees and monthly user fees to cover associated development costs, debt retirement and its pro rata share of operation and maintenance costs as determined by the Department.
   (F)   If the developer is required to pay for an oversized water system in order to facilitate future connections between the town system and the newly developed property, the town will enter into a development agreement with the developer which will outline reimbursement for the cost of the oversized portions of the system.
(Prior Code, § 17-1-8) (Ord. 96-03, passed - -1996; Res. 96-01, passed - -1996; Ord. 10-02, passed - -2010)
§ 50.07 UNLAWFUL ACTS.
   (A)   Any person who interferes with the officers or agents of the Department in the discharge of their duties or who violates any of the provisions of this chapter is guilty of a misdemeanor.
   (B)   Such interference’s include, but are not limited to:
      (1)   The tapping of a water main belonging to the system;
      (2)   Laying, connecting, inspecting or repairing of main;
      (3)   The excavating, either directly or indirectly, of a street or alley for the purpose of connecting to the water system without first obtaining a permit from the Department and the town’s Building Department; and
      (4)   Illegal use of the water system including, but not limited to:
         (a)   Serving more than one lot or parcel from a single meter; and
         (b)   Being connected to the water main belonging to the system without a properly installed and maintained backflow assembly, where required.
(Prior Code, § 17-1-10) (Ord. 96-03, passed - -1996; Res. 96-01, passed - -1996; Ord. 10-02, passed - -2010)
§ 50.08 VIOLATIONS.
   Any person found in violation of the provisions of § 50.05 of this chapter will be subject to the following penalties and cost recovery.
   (A)   Fines shall be those as set forth for any code violation.
   (B)   In addition to the fine, costs equal to the remedy of the violation may be assessed. Those costs include, but are not limited to:
      (1)   Uncovering, inspecting, reinstalling (where required) and covering the tap;
      (2)   Uncovering, inspecting, relaying or repairing the water main;
      (3)   Testing, re-excavating (where required), inspecting, backfilling and compacting of a street or alley excavated without a permit; and
      (4)   Correcting or repairing any physical damage caused by an illegal connection.
(Prior Code, § 17-1-11) (Ord. 96-03, passed - -1996; Res. 96-01, passed - -1996; Ord. 10-02, passed - -2010)
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