(A) This section applies to a request for retail water or sewer service in the city's water service area from individuals or non-developers.
(B) Upon the approval of an application from an individual or non-developer, and upon payment of all applicable fees and charges due under this section and at the expense of the applicant, the city may extend all necessary water and sewer facilities and mains to the property plus the distance across the entire frontage necessary to provide the service upon the premises for which the applications have been made.
(1) The city will not pay the cost of extending water or sanitary sewer facilities and mains to the property. The applicant shall be responsible for paying all costs to extend the water and sanitary sewer facilities and mains. The applicant shall pay the estimate of such cost prior to construction. If the actual cost to extend the water or sanitary sewer mains and facilities is greater than the estimated costs, the applicant shall pay the city the difference between the actual and estimated costs upon completion of the extension project. If the estimated cost to extend the water or sanitary sewer mains or facilities is greater than the actual cost, the city shall reimburse the applicant the difference between the actual and estimated costs upon completion of the extension project.
(2) The owners of all intervening properties served by such extension shall be required to pay the pro rata charges at such time as their property is connected to the city's water and sanitary sewer system.
(3) Upon approval of the city, the property owner or person requesting extension of water or sanitary sewer facilities or mains to his or her property may extend the mains or facilities by a competent and reputable contractor. All plans and construction shall comply with city standards and specifications. Detailed construction plans for the improvements, complying with the city's construction standards and specifications for public works construction, shall be drawn by a registered professional engineer and approved by the City Engineer prior to any construction. The construction shall be inspected and approved by the City Engineer prior to final acceptance by the city, and all expenses associated with such inspections and approvals shall be borne by the person requesting services.
(4) The size of the main proposed to be extended shall be determined by the City Engineer and shall be in conformance with the water and sanitary sewer utility infrastructure master plans. The total costs of extending the mains to and across the applicant's property shall be borne solely by the applicant, with the following exceptions.
(a) Upon approval and acceptance of the system by the city, on any mains larger than eight inches, the city may elect to participate in the cost by refunding the applicant the difference between the cost of the oversized mains and the eight inch main.
(b) The city will also pay to the original applicant pro rata charges as received from customers who apply to the city to connect to the mains, with the total payment to the property owner not to exceed the amount of the original applicant's cost of off-site improvements. The city shall retain a pro rata share amount for their portion of oversizing the line.
(c) The maximum period of time for the pro rata reimbursement to the original applicant for the off-site mains shall not exceed ten years. The applicant shall have no claim against the city for any expenses not reimbursed and any pro rata charges not received within ten years, nor any fees received after ten years.
(d) Pro rata charges, if any, shall be collected by the city from each intervening property owner along the extended water and sewer mains at the time of application for water or sanitary sewer services by said property owner.
(C) In no event will the city be required to make extensions or participate in the cost of improvements under the provisions of this section if there are not funds available, or if, at the discretion of the city, the extension or improvement may not be practical or otherwise warranted, or is for any unreasonable consumer use.
(D) All water and sewer utilities within the designated easements are owned and operated by the city after acceptance by the City Council. Any extensions of the city's water and sanitary sewer facilities made by a qualified service applicant or developer, after inspection and acceptance by the City Engineer, shall be owned by the city after acceptance by the City Council.
(E) Where recorded public utility easements do not exist on the property of any individual, non-developer, or developer who is requesting water or sewer service from the city, the individual, non-developer, or developer shall grant a permanent recorded public utility easement for poles, wires, conduits, drainage channels, storm sewers, sanitary sewers, water lines, gas lines, or other utilities to the city. These easements shall be at least 20-feet wide. However, if the City Engineer determines a greater width is necessary, the city may require a width of up to 30 feet. For developers, the easements required by this section shall comply with Chapter 154 of this code. For individuals and non-developers, the easements required by this section shall extend along all roadway frontages of the property and shall parallel as closely as possible the street line frontage. Failure to grant the required easements shall result in the denial of city services. The easements shall conform to the standard form approved by the city and shall be reviewed and approved by the City Engineer and the City Attorney prior to the easement being accepted by City Council and filed for record at Montgomery County.
(F) The city shall make the connection from the water line in an alley, street, or right-of-way to the property line and will set the meter, when required, at that point. The city shall make the connection from the sanitary sewer main in an alley, street, or right-of-way to the property line. The city is responsible for maintaining the functional integrity of all sewer mains and service laterals located in public right-of-ways and public utility easements. In order for the city to inspect and maintain the functional integrity of the service laterals within the public right-of-ways and public easements, it shall be the responsibility of each property owner with a new or existing sewer service connection to install a sewer clean-out at the property line. Property owners are responsible for maintaining their service lateral lines which extend from the city mains to the residence or business in a free and flowing condition.
(G) Service water lines on private property from the city's water meter to the premises, including all connections, shall be installed, maintained, and repaired at the expense of the property owners. All leaks and other defects in the service line or sewer lateral on private property shall be promptly repaired by the property owners. If required repairs are not completed within ten days after written notice is mailed or hand delivered to the premises, water service to the premises shall be terminated and shall not be restored until the repairs are made and all applicable fees and expenses paid. Any expenditures incurred by the city because of leaks or defects shall be charged against the property owners and must be paid before water service is restored.
(Ord. 18-0320A, passed 3-20-2018)