With respect to the installation and financing of utilities to serve subdivisions, the following conditions shall apply in addition to any other applicable sections:
(A) Specifications. All installations shall be made according to the specifications as may be approved by the town or its engineers, including size of all lines, their locations, grade and material used. When the municipality determines that it is advisable to install larger size facilities than are necessary to serve the property requesting the extension, the difference in the cost of the larger size facilities over and above the cost of facilities required to serve the property requesting the extension shall be paid for by the municipality and excluded from the total cost to the property owner.
(B) Ownership and control. All main lines constructed and connected with the facilities of the town shall become the property of the town upon their completion. The town shall have exclusive control of all the lines and shall be responsible for their maintenance, repair and operation.
(C) Contracts. All installations made under a reimbursement agreement shall be accomplished under contracts let under the statutory procurement regulations for public bodies. The town shall exercise general supervision over the letting of the contracts in order to assure the securing of free competition.
(D) Reimbursement.
(1) A reimbursement agreement shall be entered into between the town and each party installing water and/or sewer lines.
(2) The cost of installing all lines and ancillary facilities within a subdivision shall be borne initially by the participating developer(s).
(3) Lines subject to reimbursement shall be as follows:
(a) Those between a subdivision and the facilities of the town and which are so located as to serve other properties;
(b) Lines within a subdivision which will serve land outside the subdivision and are of a size in excess of the needs of the subdivision itself (in this case, the cost subject to reimbursement shall be only the extra cost incurred by installing lines larger than needed to serve the subdivision itself);
(c) The proportionate cost of lines of any size to which direct service connections may be made by property other than those by the initial investor.
(4) All reimbursements for cost in division (D)(3) of this section shall be made from acreage charges collected by the town from acreage initially and subsequently served by lines installed under a reimbursement agreement and from these only. Acreage charges due under a reimbursement agreement shall be paid by the town to the developer within 30 days following the end of each quarter from collections made during that quarter.
(5) Only the actual cost of the lines shall be included in the calculations of costs subject to reimbursement. No interest on costs pending reimbursement shall be allowed.
(6) No reimbursement of any cost shall be made after ten years from the date of acceptance by the town of the lines installed under a reimbursement agreement.
(7) Acreage charges collected from properties served by lines installed under a reimbursement agreement shall be applied so as to satisfy the claims under the different agreements in the order in which they were entered into.
(E) Request for fee assessment. The developer of a parcel of land greater than ten acres in size which is proposed to be developed in phases, may request that fees be assessed on the basis of the acreage of each phase as service is requested. This request may be granted provided that following conditions are met:
(1) All phases are identified on the preliminary plan approved by the Planning and Zoning Board;
(2) Service is to be provided from existing water and/or sewer mains;
(3) Each payment must be for one or more complete phase(s) as necessary such that, except for the final payment, no payment will be made for any area of less than ten acres;
(4) The acreage fee must be paid for a phase prior to service being provided to any portion thereof.
(OC, § 5-3-7) (Am. Ord. passed 8-11-88)