§ 53.12 OVERSIZED IMPROVEMENTS.
   Oversized improvements and reimbursements may be allowed under the following circumstances:
   (A)   When it is in the best interest of the citizens of the town that oversized water and/or sewer lines or ancillary facilities be extended from the existing municipal system, the Town Board may agree to pay the difference of the cost of construction to serve the area requesting service and the costs of future areas of construction to be served with the lines accommodating the increased volume. If any oversized facility is feasible, then a reimbursement agreement shall be entered into between the town and each party installing water and/or sewer. Only those water and sewer lines, fire hydrants, looping water lines, lift stations and pumping stations as may be expressly referred to and covered by a written contract between the party/parties and the town shall be considered.
   (B)   The cost of installing all lines on property being connected to and the cost of installing all lines between the property being developed and the existing lines of the town shall be borne by the owner, developer or party being so connected.
   (C)   Oversized improvement costs subject to reimbursement shall be as follows:
      (1)   The actual cost of water and sewer lines and ancillary facilities larger than required by the development between the property being developed and the facilities of the town and which are so located as to serve other properties;
      (2)   The cost of main lines and ancillary facilities within the property being developed which will serve other properties and are of a size greater than required for the development but only to the extent of the extra cost incurred by installing lines larger than needed to serve the property itself;
      (3)   The proportionate cost of lines of any size to which direct service connections may be made by property other than those by the initial developer.
   (D)   All reimbursements for oversized improvements costs set forth in division (C) of this section, shall be made only from acreage fees collected by the town from properties initially or subsequently served by lines installed under a reimbursement agreement. Reimbursement costs due from acreage fees under an oversized improvements agreement shall be paid by the town to the developer within 30 days following the end of each calendar quarter from any collections made during that quarter.
   (E)   Only actual costs of the lines together with all necessary looping water mains, pumping stations and lift stations shall be included in the calculations of costs subject to reimbursement. No interest on costs pending reimbursement shall be permitted.
   (F)   No reimbursement of any costs shall be made more than ten years after the date of acceptance by the town of lines installed under an oversized improvement agreement.
   (G)   Acreage charges collected from properties served by lines installed under a reimbursement agreement shall be applied so as to satisfy any claims under the different reimbursement agreements in the order in which the agreements were executed.
(OC, § 5-3-10) (Am. Ord. passed 8-11-88)