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(A) Any owner of developed property on which there are situated one or more residential dwelling units or commercial establishments located within the city limits and within a reasonable distance of any water line owned, leased as lessee or operated by or on behalf of the town is required to connect the owner's premises with the water line. All connections shall be made by or under the supervision of the town Public Utilities Superintendent and in accordance with the applicable plumbing and building codes and the town's specifications. The property owner shall pay all connection charges which shall include the cost of replacing pavement, if applicable. Unless expected as permitted in division (B) of this section, owners of newly annexed property using a private water supply for potable water shall connect the property to the town's public water supply and cease use of the private water supply for potable water at the time of annexation if water lines are available at that time or at the time water lines become available to the property if they are not available at the time of annexation.
(B) On application of a property owner, the Board of Commissioners shall have authority to waive the connection requirements of division (A) of this section in order to avoid hardship. If the Board of Commissioners waives these connection requirements, then the owner of any developed property on which there are situated one or more residential dwelling units or commercial establishments located within the city limits and within a reasonable distance of any water line owned, leased as lessee or operated by or on behalf of the town shall pay a periodic availability charge to be determined by the Board of Commissioners, but not to exceed the minimum periodic service charge for properties that are connected to the town's water supply system as set out in the town's annual budget ordinance as it may be amended from time to time.
(OC, § 5-1-3) (Ord. passed 9-19-95)