§ 53.01 PURPOSE.
   (A)   This chapter sets forth the conditions under which water and sewer service may be extended to property which is without service. It is the intent of this chapter to allocate, to the extent practical, the cost of extensions to those property owners served by the extensions.
   (B)   The planning and extension of the water and sewer system of the town shall be accomplished in accordance with the following general principles:
      (1)   Extension shall be made in a manner so as to promote the orderly growth of the community;
      (2)   An acreage charge shall be established to aid in financing new major facilities and replacement or enlargement of existing facilities. This charge shall apply uniformly to all properties to which service is extended. Revenues from water and sewer acreage fees shall be identified as a separate capital reserve account and used solely for the purposes identified in this division (B)(2);
      (3)   Each developer of land, whether subdivided or not, shall be responsible for all cost associated with the extension and installation of utilities to and within their own development, including all rights-of-way costs;
      (4)   All water and sewer extension plans and installations shall meet all town ordinances and specifications. The town shall be authorized to inspect at any time the installation of all water and sewer extensions which are to be connected to the town’s facilities, and all fees for the inspections shall be borne by the owner or developer;
      (5)   All water and sewer lines and appurtenances connected to the town’s facilities shall be dedicated to the town and accepted by the town upon approval of the same by the Town Engineer. The town shall be responsible for the maintenance, operation and control of all water and sewer facilities when connected to the town’s systems and dedicated to the town;
      (6)   No water or sewer extensions or service from existing water or sewer facilities will be provided to property, either inside the city limits or within the town’s extraterritorial limits, which does not conform to the requirements of the town’s Planning and Zoning Board. No extension of water or sewer service will be provided until the property owner has filed a petition of voluntary annexation with the Town Manager, and the petition has been accepted by the Town Board;
      (7)   No sewer extensions or service from existing sewers will be made to any property lying outside the town’s extraterritorial limits. This restriction may be waived by the Town Board provided the following:
         (a)   The property owner has filed a petition for voluntary annexation with the Town Manager provided that the petition is legal;
         (b)   The petition has been accepted by the Town Board;
         (c)   The property is developed in accordance with the approved plans.
(OC, § 5-3-1) (Am. Ord. passed 8-11-88; Am. Ord. passed 3-15-06)