Upon written application, the Town may permit construction of sanitary sewer systems where no sewer is available.
If a developer proposes new development with an average daily flow of 2,500 gpd or more to connect to the Town sanitary sewer infrastructure, i.e., pump/lift stations, collection lines, transmission lines and/or other related appurtenances, but the infrastructure is not sized to handle both the peak daily flows (average daily flow multiplied by a peaking factor of 2.5 to 3.5, depending on size of drainage basin) from the existing users of the drainage basin and the proposed new development, the developer shall perform one of the following in addition to the payment of impact fees:
A. 
Construct the necessary improvements to accommodate the existing users and the new proposed development, prior to connecting; or
B. 
Sign an agreement with the Town stating that necessary improvements will be constructed when the existing infrastructure reaches 90% of its peak daily flow capacity and provide the Town with an irrevocable letter of credit in the amount of 1.25 times the necessary improvement costs in order to accommodate the new proposed development. The letter of credit shall be renewable on an annual basis, at the discretion of the Town, until such time that all improvements are implemented and accepted by the Town. A technical feasibility study shall be required in order to determine the necessary improvements and their associated costs. The developer may then connect to the existing infrastructure and use it until such time that it reaches 90% of its peak daily flow capacity. At the ninety-percent capacity threshold the developer shall construct the necessary improvements to accommodate the additional proposed new development. Furthermore, the developer shall have plans and specifications, prepared by a professional engineer, detailing the necessary improvements, when the infrastructure reaches 80% of its peak daily flow capacity. Once all necessary improvements are in place and accepted by the Town, the irrevocable letter of credit will be returned to the issuer.
C. 
The above-mentioned capacity thresholds shall be determined based on the number of EDUs (both in the existing drainage basin and proposed developments). When the number of EDUs correlates with the eighty-percent and ninety-percent capacity thresholds, design and construction will be required respectively. Threshold determinations will be made by the Town.
D. 
In a case where multiple developers propose to utilize the existing infrastructure of an existing sanitary sewer drainage basin, the costs of associated improvements for each developer shall be based on the percentage of flow that each development will contribute to the infrastructure. The associated costs for each developer must be specified in the signed agreement.
E. 
In a case where multiple developers propose to utilize future infrastructure of a proposed sanitary sewer drainage basin at different times, the cost of the associated improvements shall be borne by the developer first to be served. Said developer shall be reimbursed by future developers on a percentage of flow that each development will contribute to the infrastructure up to the percentage of the improvements not utilized by the initial or subsequent developer. The associated cost for the initial developer and the subsequent reimbursement percentages for the future developers must be specified in the signed agreement.
If, at the option of the Town, the developer installs a new sewer system or the extension of the existing sewer system, the construction shall be inspected for compliance by the Town and the cost thereof shall be reimbursed to the Town.
Construction or extension of sewer facilities shall be made pursuant to grants of easements obtained at the sole expense of the developer.
Upon completion of construction of sanitary sewer facilities and final approval of same by the Town, the developer shall convey, by such documentation as the Town Solicitor shall deem necessary and appropriate, its right, title and interest in and to said sewer facilities to the Town, free and clear of any and all liens, claims, charges and encumbrances attaching thereto.