For extension of water and/or sewer service, the following charges shall apply:
(A) There shall be a charge for connecting with the water and/or sewer system of the town, either inside or outside the corporate limits as specified in § 51.21, the town's rate schedule, per gross acre for all classes of property to be served by the connection. This fee shall be paid prior to the town's acceptance of developer installed facilities;
(B) The total acreage charge for any tract or lot on which there is but one residential dwelling unit shall not exceed the charge for two acres. Provided, in cases covered by this provision, the owner shall designate the two acres against which the charge is to be credited and the acreage charge against any remaining acreage shall be made when service is extended to any structure thereon;
(C) The owner of a tract of land which is to be developed in phases may pay the acreage charge for each phase prior to beginning construction of that particular phase;
(D) GROSS ACRE, as used in this section, is defined to include the entire area of a subdivision without exception as to areas included within streets, alleys, private parks, lakes, ponds, floodways or otherwise. However, public parks, greenways, lakes and recreational areas actually accepted by the town for public use and actually conveyed to the town by recorded deed shall be excluded when computing gross acreage. With respect to lots situated upon streets or roads now existing, the term gross acre shall include all of the land extending to the center line of any abutting street;
(E) Acreage fees for public schools shall be based on the gross acreage of the tract. If any land subject to the provisions of this chapter is ever conveyed to a grantee other than a school board or used for any other than school purposes, it shall be subject to the then applicable acreage fee without limitation when additional water or sewer capacity is required;
(F) Furthermore, no acreage charges shall be imposed upon the following conditions:
(1) Property which is actually tapped onto the town water and sewer system and which is actually using the system as of the effective date of this section;
(2) Any usable water or sewer line in existence, adjacent to or within property lying inside the corporate limits to be connected with the system which was in place prior to the effective date of this section. (A usable utility line does not include outfalls or water lines where direct service taps are not permitted);
(3) Any other areas for which separate water and sewer contracts have been made between the town and developers prior to the date of adoption of this chapter.
(OC, § 5-3-6) (Am. Ord. passed 8-11-88)