The Town of Wallkill has water and sewer districts which extend through
large areas of the town. Owners of properties outside of either or both of
the districts have from time to time sought utility services for their properties.
The Town Board enacts this chapter to set forth its policy that properties
outside of the water and sewer districts shall receive service only by extension
of the respective district and not through an outside district user agreement.
This chapter sets forth the procedures to be followed, the responsibilities
of the petitioner for such services and the method of calculation of the funds
to be paid to the town.
The owner of property outside of a sewer or water district, or both,
seeking such service or services for the property shall proceed in accordance
with the provisions hereinafter set forth:
A. The property owner shall submit a petition to the Town
Board to extend the improvement district in accordance with Article 12 of
the Town Law as the exclusive procedure and shall not request an outside user
contract.
B. If the Town Board, in its sole discretion and judgment,
determines to proceed with the district extension after reviewing the petition,
the accompanying documents as required by Article 12 and the petitioner's
proposed development plans, it shall do so in accordance with the provisions
of Article 12.
C. All costs, including administrative costs of publication
and legal and engineering costs for preparation and review of documents, shall
be the responsibility of the petitioner. All such costs shall be paid prior
to the adoption of any resolutions or orders, after the public hearing required
by Article 12. Any additional costs shall be paid prior to the adoption of
the final order extending the district.
D. The petitioner shall install all necessary infrastructure
required to hook petitioner's property into the town district, which installation
shall be in accordance with the town's requirements in effect at the time
the work is performed. All such work, including the cost of the town inspecting
the same, shall be borne by the petitioner.