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.