§ 21-71. Sewer extension policy.

(a)

The town requires contributions in aid of construction preferably through the installation of sewage collection facilities by the user with the title to such facilities being transferred to the town when the installation has been completed. The facilities are on site and off site as defined in this section. The requirement for such contribution is for the purpose of defraying the cost of the sewage collection system and to partially defray the cost of the hydraulic share of the systems. The cash payment by the user of such contributions to the town shall be condition precedent to the execution of a permit application to the department of environmental regulation (DER) for the construction of the utilities systems or as stipulated in the user agreement. In the event that the payment by the user of such contributions to the town is in the form of facilities, these facilities shall be transferred to the town as defined herein as a condition precedent to the rendering of service by the town.

(b)

Each user shall be responsible for the design, installation, inspection and testing for the complete sewage collection systems located in the street or streets adjoining or within the boundaries of the user's property on-site facilities. The term complete sewage collection system as used herein shall include all component parts of the sewage collection system, including all collection mains, laterals to the point of cleanout within the right-of-way or easement, force mains, lift or pumping stations, including the site for same, and all other appurtenances as shown on the approved design for the installation of such sewage collection system.

(c)

The town shall recognize the design of sewer facilities prepared by a registered professional engineer regularly engaged in the field of environmental engineering, covering the design of the developer's on-site sewage collection system. Each such design shall conform in all respects to town criteria.

(d)

As a prerequisite to the construction of any sewage collection system proposed to be connected to the facilities of the town, the user shall agree to grant to the town such easements or rights-of-way corresponding with the installation of the proposed facilities. Such grant or conveyance shall be in a form satisfactory to the town attorney. Such conveyances, when located on the property of the user, shall be made without cost to the town. The town reserves the right to require such easement or right-of-way to the point at which the meter is proposed to be installed or at the point of delivery of service, being the point at which the facilities of the town join with the consumer's upon installation. Such easements and rights-of-way shall be conveyed and accepted upon the completion, approval and acceptance of the work done by the user.

(e)

The town shall inspect the installation of all sewage collection facilities installed by the user or the user's contractors, which facilities are proposed to be transferred to the town for ownership, operation and control. In the event that gravity sewer facilities are to remain under the ownership, operation and control of the developer as a private system, the town reserves the right to inspect the installation of the gravity sewage collection facilities for the purpose of determining if the system has excessive infiltration. These systems must meet the same infiltration criteria as that of town-owned systems. Such inspections are intended to assure that sewer lines and/or lift stations are installed in accordance with approved designs and are, further, consistent with the criteria and specifications governing the kind and quality of such installation. Representatives of the town may be present at tests of component parts for the purpose of determining that the system, as constructed, conforms to the town's criteria for exfiltration, infiltration, pressure testing, line and grade. Such tests will be performed by the user or the user's contractor but only under the direct supervision of the engineer of record or his authorized inspector. Testing required may include internal television inspection, and a copy of the T.V. tape shall be given to the town prior to acceptance. The results of such testing shall be certified by the engineer of record. The town shall be notified at least forty-eight (48) hours prior to any inspections or testing performed in accordance with these regulations.

(f)

Consumers seeking service and each existing user who has constructed portions of the sewage collection system on the user's own property or on other property and desires continued or future service from the town's existing facilities shall convey such component parts of the sewage collection system to the town by a bill of sale in a form satisfactory to the town attorney, together with all easements, rights-of-way and such evidence as may be required by the town that the sewage collection system proposed to be transferred to the town is free of all liens and encumbrances.

(1)

All facilities in the category of consumer's lines, plumber's lines or consumer's installation located on the consumer's side of the point of delivery of service shall not be transferred to the town and shall remain in the property of the user, a subsequent owner-occupant or their successors and assigns. Such consumer's lines, plumber's lines or consumer's installation shall remain the maintenance responsibility of the user or subsequent consumers.

(2)

The town shall not be required to accept the title to any component part of the sewage collection system as constructed by the user until the town or its authorized representative has approved the construction of said lines, accepted the tests to determine that such construction is in accordance with the criteria established by the town, and the town council has evidenced its acceptance of such lines for the town's ownership, operation and maintenance. The user shall be required to make modifications or pay for modifications made by the town that are required for the system to meet town criteria before commencing or continuing service.

(3)

The user shall maintain accurate cost records establishing the construction costs of all utility facilities constructed by the user and proposed to be transferred to the town. Such cost information shall be furnished to the town concurrently with the bill of sale, and such cost information shall be a prerequisite for the acceptance by the town of the portion of the sewage collection system constructed by the users.

(4)

The town may refuse a connection to any consumer seeking service and deny service to any existing user until such time as the provisions of this section have been fully met by the user or user's successors or assigns.

(g)

The location, size or proposed density of the user's property may make service to such property dependent upon the extension of off-site sewage collection facilities, as defined herein.

(1)

It is the town's policy to apportion the cost of collection lines and pumping stations pro rata against the properties receiving service from such main transmission lines located off-site as to the user's property. Since each user draws from the hydraulic capacity of such lines, the town will require that the user pay his property's hydraulic share of the cost of the off-site collection facilities through which service is rendered to the user's property. The charge for the user's share of off-site facilities will be applicable to the user's property on a fairshare basis, whether or not the collection lines and/or pumping stations having been previously constructed or may be constructed for future service.

(2)

The contributions-in-aid-of-construction charge shall be assessed against property benefited by improvements of sanitary sewers in proportion to the benefits to be derived therefrom. The equitable and just method of determining and prorating the special benefits is hereby prescribed based on the consideration of both the number of units served and the number of total acres of property thereby benefited. The assessment so determined shall be computed for each benefited property as to the total of the number of ERC's served. Charges shall be due and payable at the time of the execution of the DER construction permit or as stipulated in the user agreement.

(Ord. No. 89-6, § 6, 6-13-89)