(A) The petitioner must present an integrated plan that ensures that the development can be a stand-alone autonomous entity.
(B)
Connectivity to town roads and water will be required but in the case of wastewater and septic/sewer requirements, the petitioner must ensure that this item is permanently handled by the developer and/or a Homeowners Association (HOA) or an equivalent legal entity without any future liability to the town since the town has no sewer system.
(1) Wastewater septic/sewer ownership. Wastewater sewer/septic systems shall be the property of the developer and or a homeowners association. These entities shall assume the responsibility of developing, maintaining, preserving, policing and insuring said systems. These entities shall have the power to assess property owners within the development for maintenance, preservation, policing and insurance of said systems.
(2) Wastewater sewer/septic management plan.
(a) The applicant shall submit a plan for management of the wastewater sewer/septic (management plan) that: allocates responsibility and guidelines for the maintenance and operation of any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for and outlines the means by which such funding will be obtained or provided; and
(b) Provides that any changes to the management plan be approved by the town.
(3) Wastewater sewer/septic maintenance. Maintenance of wastewater sewer/septic owned by a developer or a homeowners association shall be the responsibility of the developer or the homeowner’s association. In the event the party responsible for maintenance of the wastewater sewer/septic fails to maintain all or any portion in reasonable order and condition, the town may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance shall be charged to the developer or the homeowners association, or to the individual property owners that make up the homeowners’ association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.
(Prior Code, § 14.01.075)
(Ord. 2018-10, passed 8-8-2018; Ord. 2021-19, passed 12-15-2021)