Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
ALLOCATION
Water or wastewater capacity reserved at a utility facility
for use at a particular property.
ALLOTMENT
The apportionment of available capacity of water or wastewater as provided by this chapter among the uses set forth in §
125-3 of this chapter.
AVAILABLE CAPACITY OF WASTEWATER
The positive difference between the capacity of the components
of the wastewater system and the computed flow through the system,
less allocations granted and outstanding. The available capacity of
wastewater is determined by the Town at the Town's discretion.
AVAILABLE CAPACITY OF WATER
The positive difference between the safe working capacity
of the components of the water system and the computed flow through
the system, less allocations granted and outstanding. The available
capacity of water is determined by the Town at the Town's discretion.
BUILDABLE APPROVED LOT
An approved lot that can reasonably be expected to receive
the federal, state, county, and Town approvals necessary for the issuance
of a building permit and which is not included within an approved
subdivision.
FINAL PLAT APPROVAL
The signing and dating of a final record plat by the Planning Commission as required under Chapter
73, Land Subdivision.
SUBDIVIDER
The meaning stated in Chapter
73, Land Subdivision.
The grant of a special exception, reclassification of property,
or other zoning action does not entitle a person to an allocation
of water or wastewater capacity for that property.
The award of an allocation under this chapter is subject to
the following conditions:
A. Water and wastewater capacity is contingent on the availability of
federal, state, county, or Town funds to finance water and wastewater
capital projects.
B. The Town is not responsible to provide water or wastewater service
and is not liable for monetary damages for the failure to provide
service if the Town is unable to acquire rights-of-way necessary for
the construction of water or wastewater capital projects.
C. The Town is not responsible for any federal, state, county, or Town
action, including operational moratorium, which temporarily suspends,
delays, or otherwise affects an allocation.
D. The Town is not responsible if a contractor defaults on a Town water
or wastewater project in the service area in which an allocation has
been made.
E. The Town is not responsible for any other contingency that affects
the timing or ability to connect which is beyond the control of the
Town.