(A) All water and sewer extensions for new development will be made by the town’s Utilities Department, or approved licensed contractors. These extensions will be financed by the developer or owner, and water and sewer user charges, and the procedures set forth in this section will be followed for such extensions. When extensions in new developments are made as provided in this section, the advance payment of water and sewer availability fees and special privilege charges for each service connection is not required for a period of 15 years from the date of approval of the contract for the extensions.
(B) Any person desiring to install any water or sewer line to new developments within the town’s service area to be connected to and served by the water and sewer system of the town shall make application therefor to the Director of Public Works and Utilities on forms designated and provided by the town and shall furnish such information or exhibits as are required by such application forms. With such application, the applicant shall:
(1) Pay to the town the nonrefundable application fee set forth in the town’s schedule of fees; and
(2) Submit six copies of engineering plans, profiles, and specifications of such water main or sewer line, including those for any required fire hydrants, valves, manholes, sewer lift stations, force mains, or collector sewer lines necessary in connection therewith, to the Town Engineer for approval by the Director of Public Works and Utilities. The Director of Public Works and Utilities will prepare the amount of reimbursements to be made under this division and such amount(s) shall be included in the contract. If the application is approved, the Town Attorney shall prepare a written contract between the town and the applicant in accordance with the provisions of division (C) below and other provisions of this chapter.
(C) Any person desiring to install any water or sewer line to new developments within the town’s service are to be connected and served by the water and sewer system of the town shall make application and obtain a permit pursuant to the town’s local water and sewer approval program as described in § 53.01(F). A nonrefundable application fee in the amount established in the town’s schedule shall accompany the application.
(D) No water main or sewer line may be installed and connected to the town water or sewer system except after the permit required by division (C) above has been obtained and a written contract approved by the town and executed by the town and the applicant. If the contract contains a reimbursement amount of less than $30,000, it may be approved by the Town Coordinator rather than by the Board of Commissioners. All contracts shall incorporate the substance of the following provisions.
(1) Installation of any water main or sewer line, including any required fire hydrants, valves, manholes, sewer lift stations, force mains, or collector sewer lines necessary in connection therewith, shall be done by the applicant, if the applicant under the laws of the state is permitted to make such installations, or by a contractor of the applicant licensed by the state to make such installations. Such installations shall be done in accordance with engineering plans, profiles, and specifications approved by the Director of Public Works and Utilities, and a copy of the same shall be endorsed as to such approval for the applicant’s use. The applicant shall be responsible, at his or her own expense, for the preparation of any such required plans, profiles, and specifications, for obtaining approval for sewer line and water line extensions either under the local program described in division (C) below or from the state’s Department of Human Resources respectively, and/or any other review agencies so designated, and for any other engineering fees in connection with the installation of such utilities.
(2) The installation of the utilities shall be subject to the inspection and supervision of the town during construction, and the connection thereof to the town water or sewer system shall not be made or maintained until the same shall have been tested under supervision of and the written approval and acceptance of such installation given by the Director of Public Works and Utilities. After such approval and acceptance, the town shall therefor repair and maintain the same except the applicant shall be responsible for defects in workmanship or materials or any noncompliance with the plans and specifications that appear within one year after such acceptance.
(3) Installation of such utilities shall be done and completed at the sole expense and responsibility of the applicant, free and clear of all claims or encumbrances, within 12 months from the date of the contract; otherwise the terms of the contract shall be null and void after the expiration of said 12-month period. In addition, the applicant shall be solely responsible that such utilities are installed within this period, in accordance with the plans, profiles, and specifications approved by the town.
(4) The applicant shall, at his or her expense (including attorney’s fees and recording expenses), obtain for or provide to the town such perpetual rights-of-way or deeds as shall be specified by the town for the construction, maintenance, and operation of such utilities, including any encroachment agreements that may be required from the state’s Department of Transportation or a railroad or other public utility.
(5) Upon completion of the utilities and the connection thereof to the town’s water and sewer system, the water main or sewer line and any fire hydrant, valves, manholes, sewer lift station, force mains, or collector sewer lines required in connection therewith shall thereupon and thereafter be the entire and sole property of the town and under the sole and exclusive control of the town.
(6) Neither the applicants nor any other person shall be entitled to any service laterals from any water main or sewer line installed by the applicant except upon permission of the city and the payment of any water meter or any other water or sewer service connection charges therefor as required by the ordinances or regulations of the town.
(7) If a water main, sewer line, sewer force main, or collector line shall be required by the town in excess of eight inches in size to provide for the expansion of water or sewer service to other properties, then the city will agree to reimburse the applicant the difference in the cost of the pipe for any such water main, sewer line, sewer force main or collector line in excess of eight inches in size and the cost of eight-inch pipe for any such water main or sewer line, such difference in cost to be determined by the Director of Public Works and Utilities and seated in the contract. However, the town will not agree to refund any such difference if any such water main or sewer line in excess of eight inches is necessary to serve the property intended to be then served thereby. In addition, if in order to provide for the expansion of sewer service to other properties a sewer pump station larger in size or capacity than necessary to serve the properties intended to be then serviced by the sewer installations shall be required by the town, then the town will agree to reimburse the applicant the difference in the cost of a sewer pump station that otherwise would be adequate to serve such properties intended to be then serviced and of the sewer pump stations required by the town to be installed, such difference in cost to be determined by the Director of Public Works and Utilities and stated in the contract. Any such cost differences which the town agrees to refund shall be due and payable without interest to the applicant in August following the first April 1 after the date on which the utilities to be installed under the contract have been completed, and accepted and approved by the town.
(8) The applicant shall agree to indemnify and hold harmless the town from any and all loss, cost, damages, expense, and liability (including attorney’s fees) caused by accident or occurrence causing bodily injury or property damage arising from the installation of such utilities by the applicant or the contractor of the applicant. The applicant or the contractor of the applicant shall maintain workers compensation coverage as well as general liability insurance with a contractual coverage endorsement and automobile liability insurance with policy limits of not less than $1,000,000 per occurrence for bodily injury and $300,000 for property damage. The applicant will furnish certificates of such insurance to the town with the provision that the town will be given 30 days’ written notice of any intent to terminate such insurance by either the applicant or the insuring company.
(9) The contract shall be conditioned on the applicant complying with all zoning and subdivision ordinances and regulations of the town that are applicable to any properties to be serviced by the utilities, and any ordinances or regulations of the town for the operation, control, maintenance, and protection of the water and sewer systems of the city.
(10) In the event the applicant violates any of the terms of the contract, the town shall have the right to declare all or any of the right of the applicant under the contract forfeited, and to remove and disconnect any connections that might have been made to the town’s water or sewer system.
(E) (1) Without limiting the right of the town to disapprove for any reason whatsoever the execution of any written contract between an applicant and the city prepared in accordance with this division, the city will not approve any contract for the installation of any water main or sewer line to be connected to and served by its water or sewer system if, in the judgment of the Board of Commissioners, the projected volume of water that would be used by any properties to be serviced thereby would unduly tax the available water supply and/or sewage treatment capacity of the town, or it would not be financially feasible for the city to commit itself to such cost.
(2) Before submitting a formal application under division (B) above, an applicant may request from the Council an informal advisory opinion on its willingness to allow such service line extension. Such request shall be filed with the Director of Public Works and Utilities, together with such documentation as the Director of Public Works and Utilities deems necessary, and the Director of Public Works and Utilities shall thereafter bring such request before the Council pursuant to normal agenda procedures. An advisory opinion given by the Board of Commissioners shall not bind the Board of Commissioners to approve an application submitted thereafter or to execute any contract prepared under division (D) above.
(F) Whenever water and sewer line extensions serving single-family dwellings have been made at the developer’s expense. The town will refund to the developer of the property served the sum of $250 per water tap and $263 per sewer tap. These reimbursements shall be limited to a maximum reimbursement of one water tap and one sewer tap per lot. The maximum reimbursement amounts will be included in the contract. Reimbursements are to be made by the town to the developer from funds budgeted therefor on an actual tap basis to the lines installed by the developer. Annual payments shall be made in August of each calendar year based on the number of certificates of compliance issued by April 1 of the preceding fiscal year.
(G) Whenever water and sewer line extensions to serve developments other than single-family dwellings (such as multi-family developments, condominiums, shopping centers, businesses, industrial developments, and the like) are made at the developer’s expense, the city will refund to the developer of the property served by such extension an amount equal to $3.72 per foot for six-inch or larger water lines, with an additional $513 for each fire hydrant, and $5.62 per foot for eight-inch or larger sanitary sewer lines. The maximum reimbursement amounts will be included in the contract. Reimbursements are to be made by the town to the developer from budgeted funds in annual payments in August of each calendar year based on certificates of compliance issued by April 1 of the preceding fiscal year and the percentage of development completed in accordance with site plans approved by the town.
(H) Reimbursements under this section shall be limited as follows.
(1) Notwithstanding the provisions of divisions (F) and (G) above, no reimbursements shall be made unless the development in question is served with both town water and town sewer.
(2) Notwithstanding the provisions of divisions (F) and (G) above, the developer will be eligible for reimbursements only during the first five years after the contract has been approved.
(3) An applicant shall submit a request for reimbursement to the Town Coordinator by April 1 preceding the fiscal year in which he or she wishes to be paid those reimbursements he or she is eligible for under the terms of the contract. No reimbursements shall be paid unless the applicant has complied with the above procedure.
(4) No reimbursements shall be made until the Town Engineer receives and approves as-built drawings and dedications or conveyances of necessary easements and rights-of-way. If such drawings, easements, and rights-of-way are not received by the Town Engineer within 90 days of the acceptance of the water and sewer line extensions by the town, 20% of the eligible refund will be retained by the town for the preparation of as-built drawings, easements, and rights-of-way.
(Prior Code, § 5-3005) (Ord. passed 9-12-1996)