(A) General.
(1) These regulations set forth the conditions under which water and/or sewer service may be extended to property which is without service. It is the intent of these regulations to allocate, to the extent practical, the cost of extensions to those property owners served by the extensions. The full costs of facilities required within subdivisions and developments shall be borne by the subdivider or developer.
(2) It is not the intent of these regulations to limit the town from making any water or sewer extension which it deems is in the best interest of the town.
(3) No sewer extensions or service from existing sewers to lots lying outside the town corporate limits will be provided until the property owner has filed a petition of voluntary annexation with the town.
(4) At the discretion of the Board of Alderpersons, the above referenced petition for voluntary annexation may be held in abeyance for a maximum of two years.
(B) Subdivisions/developments.
(1) A developer or subdivider requesting extensions from existing facilities to or within the developer's property shall pay the full cost of the facilities within the subdivision, including all connections, taps, fire hydrants, loops necessary for fire protection and services to all lots within the property, except as hereinafter provided.
(2) Board of Alderpersons approval of plans for water and sewer extensions is subject to existing systems having capacity to serve the proposed extension. Any request for water or sewer outside the town limits to serve a proposed development shall be reviewed and approved by the Board of Alderpersons prior to any commitment for service.
(3) Extensions from existing facilities to the developer's property may be provided by the town, subject to funds being available, economic feasibility, and easement acquisition.
(4) All preliminary planning, final planning, construction, testing and acceptance of water and sewer facilities shall be in compliance with the town's standard requirements and procedures. When the town is to share in any portion of the extension costs, the developer shall provide adequate evidence that competitive bids and costs have been received for the work involved.
(5) As a condition of providing service to proposed developments or subdivisions, the town reserves the right to require the installation of water and sewer facilities in addition to or in sizes in excess of those which would be required to serve the proposed development or subdivision. Approval of the Board of Alderpersons is required prior to any such proposed enhancements. Following completion and acceptance of water and sewer facilities, the town may reimburse the developer or subdivider those additional installation and material costs incurred as a result of the required changes.
(6) All water and sewer facilities installed by the developer which are to be owned and maintained by the town shall be installed in dedicated streets, dedicated public right-of-way, or in easements provided by the developer in accordance with the requirements of the town.
(C) Extensions by the town. The Board of Alderpersons may at its discretion extend water and/or sewer mains. The rationale for which the Board may elect to do so includes but is not limited to connecting to an additional source of supply or storage tank, to loop lines to improve water pressure and water quality, to improve fire flows, to connect to another sewage disposal area, improve transmission of sewage for the existing system, to serve a facility owned by the town, to reach unserved property, to save money in anticipation of high construction costs later, or to serve a facility it deems in the best interest of the citizens of the town to serve.
(D) Extensions to serve existing subdivisions, developments or properties.
(1) The Board of Alderpersons may at its discretion extend water and/or sewer facilities to serve an existing subdivision, development or properties. The Board may elect to consider the extensions to properties within the town limits or to properties beyond the town limits upon receipt of a petition for voluntary annexation of the properties to be served or upon decision by the Board to pursue involuntary annexation of the properties.
(2) Upon completion of water and/or sewer facilities installed under this section and, when applicable, after the effective date of annexation, the properties served shall be subject to assessment for the costs of the facilities. The assessments shall be made on an equal rate per lot being served or subject to being served. Upon completion of the facilities, the Board of Alderpersons shall ascertain the total project cost which may include construction costs, the cost of all necessary legal services, engineering services, the amount of interest paid during construction, costs of rights-of-way, and costs of publication of notices and resolutions. Assessments shall be made based on 66-2/3% of the total project cost to be borne by the properties being served or subject to being served and 33-1/3%of the total project cost to be borne by the town. In addition to the project cost assessment, each property connecting to the facilities shall pay the regular tapping fees according to the town fee schedule. All connections to sewer facilities shall also be subject to sewer access fee charges as established by the Contentnea Metropolitan Sewerage District (CMSD).
(E) Ownership of facilities.
(1) All water and sewer extensions connected to the town's system shall, upon acceptance by the Board of Alderpersons, become the property of the town.
(2) Water and sewer extensions installed by a developer or subdivider shall, upon acceptance by the Board of Alderpersons, become the property of the town. All facilities so constructed shall be warranted by the developer or subdivider for 12 months following acceptance.
(1992 Code, § 52.05) (Ord. O-32-04149697, passed 4-14-1997)