(a) 
Connection to water and wastewater systems.
All subdivisions and each lot to be developed within the town and its extraterritorial jurisdiction shall be served by an approved water supply and distribution system and by an approved sewage collection and disposal system. No development shall be approved unless adequate [sic]
(b) 
Responsibility for installation and extensions.
The developer shall install all water and wastewater facilities needed to serve the development and shall extend all water and wastewater mains and appurtenances necessary to connect the development with the town’s water supply and distribution system and with the town’s wastewater system. All initial costs of installation shall be borne by the developer, subject to town participation in oversize costs pursuant to section 12.04.034 and subject to reimbursement from proceeds of pro-rata fees pursuant to section 12.04.065. Requests for town extension of water and wastewater mains shall be as provided for in section 12.04.033.
(c) 
Conditions for main extension.
Authority to extend water and wastewater mains to serve newly subdivided or platted land shall be granted by the town only upon a determination by the administrator that all facilities necessary to adequately serve the development are in place or will be in place prior to the issuance of occupancy permits for structures developed on such land.
(d) 
Location of mains.
The location of all water and wastewater mains necessary to serve newly subdivided or platted land shall be in accordance with the town’s master plan(s) for water and wastewater facilities and in accordance with the town’s subdivision regulations.
(e) 
Construction standards.
All water and wastewater facilities required by these regulations shall be constructed in accordance with the requirements and specifications contained in the town engineering design manual. The Standard Specifications for Public Works Construction published by the North Central Texas Council of Governments and the town’s amendments thereto are incorporated herein by reference and made a part hereof.
(f) 
Pro-rata fees for adjacent mains.
When an existing water or wastewater main lies in a street, alley or easement in or adjacent to an area or tract of land to be subdivided, the developer shall pay all applicable pro-rata fees for the water main or wastewater main before extension of or connection to such main is made.
(1992 Code, sec. 11.1204; 2006 Code, sec. 13.311)
Developers shall extend water and wastewater mains to and through the property that is to be subdivided or developed in accordance with the following procedures and minimum standards:
(1) 
Size of mains.
Water mains shall be sized as required by either the latest water distribution analysis or to form a grid of twelve-inch (12") mains at maximum half-mile spacing with eight-inch (8") mains looped at maximum quarter-mile intervals within the distribution system, unless fire flow or domestic services require larger mains. Wastewater mains shall be sized to serve the property being developed and the remainder of the drainage basin within which such property is located. The size and location of mains shall be as set forth in the town’s master plan for water and wastewater facilities.
(2) 
Extensions within property to be developed.
All water and wastewater mains shall be extended through and/or across the frontage of the property to be developed in streets, alleys, or in easements to the tract or addition in order to provide services to adjacent property where applicable.
(3) 
Acquisition of easements.
The developer must obtain all off-site easements which are necessary for extending water and wastewater mains to the property being developed. A metes and bounds description of the easements and a drawing of the easement must be submitted to the engineering department in order for the proper legal document to be prepared. The document will be sent to the developer for acquisition of the required signatures. The executed document and filing fees will be returned to the engineering department for filing with the county clerk.
(4) 
Agreement required.
Prior to extension of any water main or wastewater main, or any construction of such facility or appurtenances thereto, the developer shall execute an agreement with the town on a form prepared or approved by the town attorney that clearly defines the scope and details of the proposed extension and which contains the subdivider’s and/or property owner’s agreement to abide by all regulations of the town and to deliver to the town clear and unencumbered title to all proposed improvements prior to the time of acceptance by the town. The agreement shall provide for security in a form approved by the town manager.
(1992 Code, sec. 11.1205; 2006 Code, sec. 13.312; Ordinance adopting 2021 Code)
(a) 
Extension to serve development.
The town may extend a water or wastewater main to serve a development, in lieu of installation by the developer, subject to the following standards and procedures:
(1) 
Request by developer.
The developer may petition the town to extend a water or wastewater main to serve the development in lieu of constructing the facilities.
(2) 
Criteria.
The town may agree to extend the water or wastewater main upon determination that such extension is in the best interests of the citizens of the town and upon execution by the developer of an agreement providing for deposit of funds, participation, credits against impact fees and reimbursement, in accordance with this article and the fee schedule as established by the town council from time to time.
(3) 
Conditions for extension.
As a condition of granting the developer’s request to extend a water or wastewater main, the developer shall deposit cash in an amount equal to 100% of the projected costs of the extension together with the easements required by section 12.04.032(3). Such deposit shall not constitute a waiver of or otherwise affect the obligation of the developer to pay impact fees for water or wastewater facilities; provided, however, that the town may credit deposits by the developer under this section against impact fees due for such facilities in the manner established by the town council from time to time.
(4) 
Participation by town.
The town shall participate in the costs of oversized mains to the extent provided and according to the standards and procedures established in section 12.04.034. Upon determination of the amount and timing of the town’s participation thereunder, the cash deposit required pursuant to subsection (3) above shall be refunded or other form of surety provided by the developer shall be reduced in like amount.
(5) 
Reimbursement from pro-rata fees.
The developer shall be entitled to reimbursement from the proceeds of pro-rata fees established for the main or mains serving the development pursuant to division 3. Upon establishment of such fees, the maximum amount for which the developer is eligible for reimbursement thereunder shall be paid over to the town from the cash deposit or other form of surety provided by the developer.
(6) 
Refund of surety.
If any amount of the cash deposit or other surety remains following the application of subsections (4) and (5), such sum shall be refunded to the developer.
(b) 
Health and safety extensions to serve individual lots.
For paramount purposes of health and safety, the town may extend a water or wastewater main to an individual residential lot, upon such terms as are fair and equitable and such as are consistent with the purposes of this article and the fee schedule as established by the town council from time to time.
(1992 Code, sec. 11.1206; 2006 Code, sec. 13.313; Ordinance adopting 2021 Code)
(a) 
Town participation policy.
The town may participate in the reasonable construction costs of oversizing water or wastewater mains and appurtenances thereto that exceed the size of a standard water or wastewater main. The developer initially shall be responsible for the entire cost of the oversize main.
(b) 
No funds available.
In no event may the town be required to participate in the costs of oversized mains pursuant to this section if there are no funds available for such purposes. In the event that funds have not been designated in the town’s capital improvements plan for water or wastewater facilities to participate in the costs of oversizing mains necessary to serve the property requesting participation, the developer may enter into a contract in lieu of participation and in lieu of denial of development approval, as provided in subsection (e).
(c) 
Participation and reimbursement requests.
A request for town participation authorized by subsections (a) and (b) hereof shall be initiated through the submission of an application for participation by the developer. Such application shall be submitted on the form provided by the town prior to commencement of construction. The application shall be accompanied by as-built drawings showing the reimbursable items, a copy of the contractor’s bid for construction, final payments with quantities, oversize calculations for all reimbursable items and a project location map.
(d) 
Town reimbursement.
If the request for town participation is approved by the town, following dedication and acceptance of a facility or appurtenances in which it has agreed to participate, the town shall refund the costs of oversizing such facility in accordance with the following procedures and standards.
(1) 
Oversizing standards.
The following standards apply to the determination of the costs of oversizing water and/or wastewater mains:
(A) 
The size of a standard water main shall be eight (8) inches or the minimum size required to serve the development, whichever is larger.
(B) 
The size of a standard wastewater main shall be eight (8) inches or the minimum size required to serve the development, whichever is larger.
(C) 
Where the size of the water or wastewater main needed exceeds that of a standard facility, the size of the main to be installed shall be determined by the administrator, whose decision shall be final.
(D) 
The town shall pay only the difference in cost between the standard sized main and the main required by the town.
(2) 
Oversize cost determination.
The extent of the town’s participation in the costs of oversized mains shall be determined by comparing costs computed by the following two methods:
(A) 
Method 1.
The developer shall take bids on installation of a system using the standard size main and the larger size that will actually be installed. Copies of the bids, tabulations and figures shall be submitted to the administrator. Calculations shall delineate the total cost for installation of the oversize mains with appurtenances, along with the costs for installing standard size mains with appurtenances, with the differences noted as participation by the town.
(B) 
Method 2.
The administrator shall establish a table of water and wastewater facility costs (“table”), that shall be updated on a regular basis by the administrator, and in no case shall more than twelve (12) months lapse between updates. See section 12.04.003 [sic]. The table shall establish base unit costs used to determine the maximum difference in cost between the standard size main and the cost of oversize mains likely to be installed, using average costs of all water and wastewater mains installed in the town during the previous twelve (12) months. The then-current table shall be incorporated into this section as if fully set forth herein, and shall be used to determine the town’s participation.
(C) 
Administrator’s option.
The administrator shall have the option to use the method in subsection (B) whenever he considers the results of the method in subsection (A) to be unreasonable or whenever the developer fails to submit the proper information as required.
(D) 
Engineering costs.
The town shall pay a maximum of six percent (6%) of the town’s cost for engineering fees, that includes surveying, construction staking and supervision.
(e) 
Contract in lieu of participation or denial of development approval.
In the event that sufficient funds are not available to reimburse the developer at the time of acceptance of water and/or wastewater mains, in lieu of denying development approval and upon the request of the developer, the town may enter into an agreement to reimburse the developer for the town’s share of the cost of oversized mains as funds are designated in the capital improvements plan for water or wastewater facilities, or to permit the developer to offset the oversize costs against water or wastewater impact fees, according to the terms and conditions contained in such agreements.
(1992 Code, sec. 11.1207; 2006 Code, sec. 13.314)