For the purposes of division, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
An apparatus or improvement that is used in conjunction with
a water or wastewater line or a drainage facility that provides water,
wastewater or drainage service to a tract of land, regardless of location.
The term includes a lift station, a force main, a pump station, a
storage tank, a drainage detention facility or other drainage-related
facility or an addition to any such existing line or facility that
increases the capability of the existing facility to provide water,
wastewater or drainage service.
The person, business, corporation or association responsible
for the development of a lot, parcel or tract, and includes the property
owner or subdivider.
Any above ground or below ground structures, designed to
carry, flow, receive or detain stormwater across or from more than
one property.
With reference to a water or wastewater line or an associated
or other eligible facility, means an increase in the size or capacity
of the line or associated or other eligible facility above the minimum
size or capacity, including without limitation fire flow requirements,
that is necessary to provide complete utility or drainage service
to a particular development.
A request in writing to the town for a service extension.
A legal document that defines the responsibilities and requirements
of the entity requesting a service and the town with regard to the
service extension. A pro-rata contract may be required at the sole
discretion of the town.
A charge made against a lot, tract or parcel for the purpose
of reimbursing the town or a developer a proportionate share of the
service extension costs for extending a water or wastewater line and/or
associated or other eligible facility that serves the property against
which the charge is made.
A water or wastewater line or an associated or other eligible
facility that is necessary to extend water, wastewater or drainage
service to or from a major town transmission main, collection main,
or collection point to a tract of land and across the tract or frontage
of the tract to a point determined by the town engineer to be consistent
with further service extensions of the town.
The total costs of any off-site service extension, as initially
determined by the town’s engineer, including but not limited
to costs of land/easement acquisition, design and construction costs,
and any permitting or administrative fees required for such extension,
but not including amounts expended solely for oversizing.
The size of water or wastewater line or associated or other
eligible facility(ies) needed to serve a particular development as
determined by the town from time to time.
A necessary appurtenance to a water distribution or wastewater
collection system. The term includes a valve, manhole, connection,
air release, diversion, and other equipment necessary to make the
water distribution or wastewater collection system operable in compliance
with the design criteria and standards of the town.
(Ordinance 2018-5 adopted 3/6/18)
(a)
The developer shall extend all water and wastewater lines and associated or other eligible facility(ies) needed to connect the development or land use with the town’s approved water distribution system, wastewater collection system, and drainage system. The developer shall further extend all lines across the property currently being developed or to the point on such property from which such lines will be extended to serve adjoining land as determined by the town. As a condition of acceptance of water or wastewater lines or associated or other eligible facility(ies), the town may require conveyance of an easement on or across the property currently being developed as well as other contiguous property owned by the developer for purposes of future extension of the water or wastewater lines or associated or other eligible facility(ies). All initial service extension costs and all initial costs of oversizing, shall be borne by the developer or property owner, subject to reimbursement from proceeds of pro-rata fees or cost participation pursuant to sections 13.03.202 and 13.03.203. Requests for extension of water and wastewater lines or other associated or eligible facility(ies) shall be as provided for in this section.
(c)
A developer or property owner must submit an application for a service
extension to the town engineer.
(d)
An application for a service extension must:
(e)
If either water, wastewater or drainage service is to be provided
by an entity other than the town, the application must be accompanied
by evidence of a commitment from the other entity to provide the other
required service. The evidence must be in the form of:
(Ordinance 2018-5 adopted 3/6/18)
(a)
The town manager may approve a pro-rata application or pro-rata contract
for a service extension or oversizing if:
(1)
The requested service extension or oversizing does not include a
request for establishment of pro-rata fees or cost participation by
the town; and
(2)
The town manager determines that sufficient capacity exists or will
be available to meet the projected demands of the development or land
use to be served.
(b)
If a requested service extension or oversizing includes a request for establishment of pro-rata fees or cost participation by the town, or if the town manager does not determine that sufficient capacity exists or will exist, the application must be processed under sections 13.03.204 (contract required) and 13.03.205 (review and approval) and requires a pro-rata contract.
(Ordinance 2018-5 adopted 3/6/18)
(a)
After a pro-rata application or pro-rata contract has been approved,
an applicant must submit the construction plans for needed improvements
to the town engineer for review and approval of the size, capacity,
and routing of the improvements.
(b)
The town engineer may approve the size, capacity, or routing of an
improvement only if it complies with generally accepted engineering
practices and each applicable town requirement.
(c)
Water and wastewater lines and associated or other eligible facility(ies)
shall be oversized where needed to provide capacity to other existing
or new developments in the area to be served in order to avoid duplication
of facilities, in conformity with the town’s generally accepted
engineering practices.
(d)
The location and size of all water and wastewater lines or associated
or other eligible facility(ies) necessary to serve land to be developed
shall be in accordance with the town’s generally accepted engineering
practices and in accordance with the town’s subdivision regulations.
(Ordinance 2018-5 adopted 3/6/18)
An applicant for a service extension shall provide information
determined by the town engineer to be necessary to demonstrate that
construction of the service extension complies with the requirements
of the town.
(Ordinance 2018-5 adopted 3/6/18)
(a)
(b)
If construction of a service extension begins before the approval expires under subsection (a), the town manager may extend the approval of a service extension for the period of time estimated to be necessary to complete construction of the service extension.
(c)
Under this section, if the approval of a service extension requires
a pro-rata contract:
(1)
Construction of the service extension shall not begin until fiscal security is posted or money is deposited in compliance with section 13.03.177; and
(2)
The service extension approval is extended until construction of
the service extension is complete and the town accepts the lines and/or
associated or other eligible facility(ies) facilities constructed
under the contract.
(Ordinance 2018-5 adopted 3/6/18)
(a)
For construction pro-rata contracts administered by the town, fiscal
security in an amount approved by the town engineer to be equal to
100% of the estimated service extension costs and 100% of the costs
of any oversizing, must be deposited in cash with the town prior to
entering into a construction contract.
(b)
For construction contracts administered by a party other than the
town, the fiscal security must be posted prior to the execution of
a construction contract and must be in the form of:
(Ordinance 2018-5 adopted 3/6/18)
(a)
The town may, at its expense and in its sole discretion, upon written request of a property owner, extend a water or wastewater line or associated or other eligible facility(ies) of a size determined by the town to serve a single dwelling unit if funds are available to pay the cost of installing the line and the extension or associated or other eligible facility(ies) meets the standards in subsection (b).
(b)
(1)
The person requesting the extension must demonstrate that:
(A)
A substantial hardship would result if the service extension is not
made;
(B)
Denial of the service extension would result in potential water quality
degradation or drainage obstructions or other inadequacies; and
(C)
The service extension is necessary to provide like benefits to similarly
served property.
(2)
The town may require that the property owner making the request share
in the service extension costs, and that the property owner grant
all necessary easements to continue line service extensions to serve
adjoining land.
(c)
This policy has no application to circumstances in which multiple
connections are requested or necessary to serve existing or proposed
development, or in which the town determines to initiate construction
of a water or wastewater line or associated facility or associated
or other eligible facility(ies) that serves multiple users. This policy
may not be invoked to finance serial connections to lots in an existing
subdivision.
(Ordinance 2018-5 adopted 3/6/18)
A developer that agrees to construct a water or wastewater line,
drainage facility, or an associated or other eligible facility that
on acceptance will become part of the town’s water and wastewater
system and/or drainage system and which supplies capacity to other
existing or new developments, and that is not a facility included
on the capital improvements plan for water or wastewater facilities
and/or drainage facilities, may apply to the town to establish pro-rata
fees to be paid by other users of the facilities and to reimburse
the developer a proportional amount of the service extension costs
or other eligible costs. The developer also may apply for cost participation
by the town for the costs of oversizing water or wastewater lines
or associated or other eligible facility(ies) in excess of one size
larger than the standard size required to serve the development.
(Ordinance 2018-5 adopted 3/6/18)
(a)
The amount of the cost reimbursement for an extension of a water
or wastewater line, if any, shall be computed as the off site length
of a water or wastewater line that has been extended by a developer
multiplied by the then-current average cost, per linear foot, of the
service extension costs as determined by the town engineer. The amount
of the pro-rata fee based upon such computation shall be established
for each side of the line to which connections are to be made. For
mains that can be connected to from both sides, the fee for each side
shall be equivalent to 1/2 of the average linear foot cost referenced
above, multiplied by the length of the water or wastewater line on
or abutting the property being charged. For mains that can be connected
to from one side only, the fee shall be equivalent to the average
linear foot cost referenced above, multiplied by the length of the
line on or abutting the property being charged.
(b)
In the alternative, the developer may apply for a different cost
reimbursement formula, based upon engineering cost estimates of the
service extension costs agreed upon in writing by the town manager
and the applicant, and verified in a study provided by the applicant
approved by the town engineer. The study shall aggregate the costs
of associated facilities where feasible. The town engineer may establish
guidelines for eligible costs to administer the policy in this section.
The amount of the pro-rata fee shall be that calculated in the approved
study. The study shall contain the following minimum elements:
(1)
Identification of the area and all properties to be served by the
water or wastewater lines or associated or other eligible facility(ies)
to be installed;
(2)
Identification of the costs of the facilities to be installed;
(3)
Apportionment of the costs of the facilities to be installed among
lots, tracts or parcels to be served by the improvements, based upon
capacity to be utilized by such properties, using accepted engineering
standards and practices;
(4)
Calculation of the maximum amount of the costs which are to be reimbursed
to the developer or property owner, net of costs attributable to the
developer’s or property owner’s utilization of capacity
of the lines or associated facilities or other eligible facilities;
and
(5)
Calculation of a pro-rata fee to be charged per unit of land that
is to be connected to the water or wastewater lines or associated
or other eligible facility(ies).
(c)
In making the initial determination of appropriate pro-rata fees under subsections (a) or (b), above, the town engineer shall certify in writing that the amount of the pro-rata fee is roughly proportionate to the impact that the properties to be charged will have on the town’s water and wastewater utility system and/or drainage system.
(d)
After construction of off-site improvements by a developer that are subject to reimbursement from pro-rata fees, but before the town’s acceptance of such improvements, the town engineer may request, and the developer shall be required to promptly supply, verifiable proof of the actual costs expended as to all such off-site improvements. If the actual costs to complete such improvements - including but not limited to costs of land/easement acquisition, design and construction costs, and any permitting or administrative fees required for such extension, but not including amounts expended solely for oversizing - are less than the town engineer’s initial determination of the service extension costs or oversizing costs under subsection (a) or (b), above, then the amount of pro-rata fees as relates to those improvements shall be decreased to correspond to said actual costs.
(Ordinance 2018-5 adopted 3/6/18)
The town may participate in the reasonable construction costs
of oversizing water or wastewater lines or associated or other eligible
facility(ies) that exceed the standard size of a water or wastewater
line, and/or associated or other eligible facility(ies). The developer
initially shall be responsible for the entire cost of the oversized
facilities. Town oversize participation shall be in accordance with
this section and any applicable provisions of the town’s subdivision
regulations. The town in its sole discretion shall determine the amount
of any cost participation based on engineering estimates of the costs
attributable to the increase in the size of lines or associated or
other eligible facility(ies) exceeding the standard size, taking into
consideration the degree to which the need for such oversizing is
created by the development for which service extension is being requested.
In no event may the town be required to participate in the costs of
oversize facilities pursuant to this section if there are no funds
available for such purposes.
(Ordinance 2018-5 adopted 3/6/18)
(a)
The applicant for approval of a service extension must request the
establishment of pro-rata fees or cost participation in writing at
the time the applicant applies to the town manager for approval of
the service extension. If the applicant for approval of a service
extension requests establishment of pro-rata fees or cost participation,
a written pro-rata contract is required.
(b)
The pro-rata contract shall include at a minimum the pro-rata fee
and cost participation, if any, approved by the town, the duration
of the right to collect pro-rata fees, and provisions for forfeiture
of such fees to the town in the event they are not collected by the
contracting party, his or her successor-in-interest, or assignee.
(c)
An executed pro-rata contract may be assigned by the party requesting
service extension with the written consent of the town, which shall
not be unreasonably withheld.
(Ordinance 2018-5 adopted 3/6/18)
(a)
The town manager shall review each request for cost reimbursement
from pro-rata fees or cost participation for oversizing lines.
(b)
The town manager shall formulate his or her recommendation concerning
the cost reimbursement from pro-rata fees or cost participation for
oversizing lines, which shall address each of the following minimum
criteria:
(1)
The line to be extended or other eligible facility has not been included
on the impact fee capital improvements plan for that category of capital
improvement;
(2)
The size of each proposed line or eligible facility complies with
the generally accepted engineering practices and other planning criteria
of the town and final design and routing will comply with the technical
standards;
(3)
Any alternative study proposing pro-rata fees fairly apportions the
extension/facility costs among prospective users of the facilities
to be installed;
(4)
The proposed line or facility is a reasonable extension or addition
to the water and wastewater utility system and/or drainage system;
and
(5)
Funds for participation in the costs of oversizing lines/facilities
are available from an identified source of funds or funds will be
available to meet the proposed payment schedule.
(c)
The town manager shall forward his recommendation on pro-rata fees
and cost participation, together with the proposed pro-rata contract,
for decision by the town council.
(d)
Upon approval of the request for reimbursement from pro-rata fees,
any developer or user of property with frontage along the off-site
portion of the water or wastewater line or of property that is identified
in the approved fee study thereafter that connects to or utilizes
the capacity of the water or wastewater line or associated or other
eligible facility for which a pro-rata fee has been established shall
pay the applicable fee. Pro-rata fees shall be collected by the town
from the developer or user before approval of the engineering plans
for the development required to pay the fee, or before connection
to or use of the water or wastewater line or associated or other eligible
facility(ies) for which the fee has been established, whichever first
occurs.
(Ordinance 2018-5 adopted 3/6/18)
(a)
A developer constructing a water or wastewater line or other facility
that is eligible for cost reimbursement from pro-rata fees or cost
participation for oversizing may not receive cost reimbursement payment
for the line or facility unless the entity complies with each requirement
or regulation of the town relating to:
(b)
The developer constructing the line or facility is not entitled to receive a cost reimbursement payment from pro-rata fee proceeds or cost participation for oversizing lines or associated or other eligible facility(ies) until the entity submits documentation showing the entity’s compliance with each requirement described by subsection (a) and the line or facility is accepted in writing by the town.
(Ordinance 2018-5 adopted 3/6/18)
(a)
For projects subject to a pro-rata contract approved by the town
by April 1st of any year, the town shall pay the developer holding
the contract any eligible cost reimbursement for a service extension
and/or oversizing, without interest, within 60 days of completion
and acceptance of the project by the town, but no earlier than the
following September 1st.
(b)
For projects for which a pro-rata contract is approved by the town
after April 1st of any year, the town shall pay the developer holding
the contract any eligible cost reimbursement for a service extension
and/or oversizing, without interest, for a completed and accepted
project within 60 days of completion and acceptance of the project
by the town but no earlier than September 1st of the next calendar
year.
(c)
For a period of 15 years following the town’s acceptance of
the water line, wastewater line, or associated facility or other eligible
facility, the developer shall be entitled to reimbursement from the
proceeds of the pro-rata fees established pursuant to this division,
up to the maximum amount of the reimbursement established in the approved
pro-rata contract. The town may deduct 2% of the amount of pro-rata
fees collected from the amount of the fees reimbursed to the developer
as an administration fee.
(d)
Pro-rata fees which have been collected pursuant to the pro-rata
contract shall be paid to the developer annually no later than October
1st of each year, until the term of the agreement expires.
(e)
The town may establish one or more pro-rata fee accounts for purposes
of administering the policies of this division. The town shall deposit
all pro-rata fees collected pursuant to this article into such account(s).
Expenditures from such accounts shall be earmarked solely for reimbursement
of developers for the installation of water lines or wastewater lines
or associated or other eligible facility(ies) for which pro-rata fees
have been established pursuant to this article.
(f)
It shall be the responsibility of the pro-rata contract holder or
his assignee to provide to the town in writing current contact information.
The town will mail reimbursement payments to the last contact of record
reflected on its books. In the event that the pro-rata contract holder
or his assignee has not collected pro-rata payments or cost participation
in oversize lines/facilities sent to the contact of record for a period
of one year from the date such payments are due pursuant to this section,
such accrued amounts shall become the funds of the town for purposes
of expenditure on cost participation for oversizing lines or other
system improvements in the town’s sole discretion.
(Ordinance 2018-5 adopted 3/6/18)
(a)
The town may initiate capital projects from time to time involving
construction of water or wastewater lines or associated or other eligible
facilities, and may seek to recoup its costs through establishment
of pro-rata fees.
(b)
Prior to establishing fees, the town shall either compute fees based upon a per average linear foot formula similar to the formula described in section 13.03.202(a) or pursuant to a study that satisfies the requirements of section 13.03.202(b). The town council shall establish pro-rata fees based upon the front footage formula or alternative study.
(c)
Following establishment of pro-rata fees by the town council, the
developer or user of property with property frontage on the extended
water or wastewater line or of property that was identified in the
approved pro-rata fee study thereafter that connects to or utilizes
the capacity of the water or wastewater line or associated or other
eligible facility(ies) for which a pro-rata fee has been established
shall pay the applicable fee. Pro-rata fees shall be collected by
the town from the developer or user before approval of the engineering
plans for the development required to pay the fee, or before connection
to the water or wastewater line or associated or other eligible facility(ies)
for which the fee has been established, whichever first occurs.
(d)
Pro-rata fees established under this section may be collected for
a period of 15 years following final construction by the town of the
water line, wastewater line, or associated or other eligible facility.
(Ordinance 2018-5 adopted 3/6/18)
