A. At the time of the issuance of any building permit, the permittee shall pay the then existing water development fees set forth in section 8-5-2 of this title.
B. 1. Notwithstanding subsection A of this section, a new development may provide the town with a new water supply in lieu of paying the technical studies recapture fee and the water supply recapture fee set forth in section 8-5-3 of this title. Such new water supply shall be credited only at the site of such new development and in no case shall any transferable credits be created, recognized or allowed for sale.
2. Any new water supply provided pursuant to subsection B1 of this section shall be capable of producing the greater of 0.4 gallons of water per minute for each equivalent residential unit (as defined by section 8-5-2 of this title) needed for the development, or thirty five (35) gallons per minute.
3. For the purposes of this section, a "new water supply" shall mean water that is not accessible by and does not impact or affect the town's current water system or supplies.
C. This section shall not apply to building units erected upon property which receives or has previously received metered water service from the town, as long as the new building unit(s) erected upon the property do(es) not increase the number of equivalent residential units it uses, and a water development fee has been paid for each equivalent residential unit the property uses.
D. All persons or entities who establish water service requiring new or upgraded public water service facilities shall bear all costs associated with the establishment or upgrading of the water service facilities to meet the water demands and requirements of the new use.
E. In order to ensure the proper and orderly development of the public water system, it may be necessary for the water superintendent 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 one hundred percent (100%) of the cost representing construction of the upgraded or oversized facilities.
F. 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, upon completion of the improvements and alterations.
G. All construction and alterations to the water system facilities shall be governed by a two (2) year warranty for parts and labor which will benefit the town.
1. The two (2) 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.
H. Reserved.
I. 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 (10) 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.
J. 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.
K. 1. Specifications and requirements for the design and construction of facilities necessary for the expansion of the public water system shall be on file in the office of the public works engineer and with the town clerk.
2. In order to ensure its proper and orderly development, the water superintendent shall review all plans and documents relating to the expansion, extension or construction of the public water system.
3. The water superintendent shall recommend changes necessary to assure the proper growth of the water system on a townwide basis.
4. The water superintendent 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 superintendent shall make necessary changes and file them with the town clerk. (Ord. O 12-01, 2-7-2012)