The text
Footnotes:
--- (9) --- Editor's note— Ord. of 3-9-2010 renumbered Div. 9, §§ 21-121—21-124, as Div. 10, §§ 21-121—21-124.
Sec. 21-121. - Developments—Connection with sewer system.#
Any person developing a plat of land in the town shall, after acquiring all necessary permits and at said person's own expense, install sewer lines and service stubs or wyes in such plat and shall connect the same with the existing sewer system according to town and state approved plans. Connection to the public sewer system shall be in compliance with the terms and conditions set forth in the following: (a)
The entire cost of the installation of all sewer pipes to serve any such plat or any part thereof shall be paid by the developer. The entire cost shall include the cost of all engineering services, both preliminary to and during the actual installation of such sewer pipes, and the costs of all materials, services, labor, and supplies for constructing and laying out sewers and connecting the sewers with the town's sewer system.
(b)
The developer shall submit plans and specifications to the town plumbing inspector before proceeding with the installation of sewer lines. The plumbing inspector may require the plans and specifications to be reviewed by the town's engineering consultant for conformance with town sewer construction standards. Pursuant to the provisions of section 21-41, the developer shall pay, in advance, for the cost of the consultant plan review. If the plumbing inspector approves such plans and specifications, the developer shall submit the name of a qualified sewer contractor to do the work, together with a breakdown of items, quantities and unit prices for the project. After investigating the proposed contractor's qualifications and reviewing the breakdown submitted, the plumbing inspector will make the final determination whether to allow the contractor to proceed or to request that another contractor be submitted for approval.
(c)
The construction and laying out of all sewer lines pursuant to this section shall be subject to the inspection of the plumbing inspector. If at any time the plumbing inspector determines that the construction and laying out of such sewer lines is not being performed in accordance with the plans and specifications, as approved, he shall forthwith notify the developer to this effect in writing, who shall then order the suspension of all further work by the contractor until such corrections are made as will produce complete compliance with the plans and specifications.
(d)
All sewer lines constructed pursuant to the provisions of this article shall become the property of the town. After such sewer lines have been connected with the public sewer, all the normal costs of operating and maintaining them shall be borne by the town. However, the town may back charge the contractor for any abnormal conditions for a period of six (6) months after acceptance.
(Ord. of 1-2002, Art. IX, § 1; Ord. of 3-9-2010)
Sec. 21-122. - Permit-agreements.#
(a)
A new development of more than two (2) housing units shall not be approved by the town planning board until the developer has executed with the town a permit-agreement as hereinafter provided unless the requirement is waived by the town as provided in subparagraph [5] below. Any such permit-agreement shall provide for installation of a sewer system provided in division 11 and as further provided below:
(1)
The developer shall install the lateral sewer in the street and the building sewer. In the case of new street construction the developer shall make such installation before surfacing of the street is completed.
(2)
When an owner of any lot, or his agent, applies for a building permit, the building inspector shall require, as a condition of the issuance of such permit, that said owner or agent show on the plot plan the layout of the future connection from the lateral sewer to the building drain, including the elevation of the building sewer at the street line, elevation of the finished first floor and/or cellar floor, and elevation of the building drain to which the future building sewer would be connected.
(3)
The developer shall cap all open ends of the sewer and shall, along with completed as-built plans of the sewer, provide exact ties and elevations so that the capped ends can be readily located.
(4)
The town shall provide elevations at each point where the sewers are capped, and the developer shall design and build the sewer to these elevations. The sewer engineer shall provide design capacities for the sewers.
(5)
Where topography prevents installation of the sewer within the street, the developer shall install the sewer within rights-of-way that shall be deeded to the town and of adequate width as determined by the town.
(6)
If a pumping station is deemed necessary by the town to serve the new development, the town shall require either that the developer install said pumping station and appurtenant equipment therefor, or that the developer deposits with the town a sum sufficient to defray the cost of constructing, equipping and installing said pumping station. The amount of this deposit shall be based on engineers' estimates approved by the town. It may be in the form of cash or a savings account assignment to be deposited with the town treasurer and it shall be used only for the construction, equipping and installation of the pumping station at such time as the sewer becomes active.
(7)
The developer shall not be required to include as a part of the capped sewer construction any pipes, pumping stations or other appurtenances which would be required for or would serve areas outside of the development in question unless provision is made for giving the developer a credit for the cost of the capped sewers required for those outside areas.
(b)
A new development for which a permit-agreement is required, as described under subparagraph (a) hereof, shall not be approved by the town planning board until the sewer engineer has approved a design of the sewers serving said development or has waived the requirement therefor pursuant to subparagraph (c) below. Said design shall be prepared by the developer at his expense, shall conform to accepted engineering practices and existing installation requirements, and shall provide for an economical and effective future installation of the sewers. Any rights-of-way called for by such design as approved by the sewer engineer shall be deeded to the town.
(c)
The sewer engineer may grant relief from any of the requirements imposed by subsections (a) and (b) above if he determines that the need for the construction or design of sewers is impractical or remote taking into consideration:
(1)
The date upon which the sewers might be connected to the town wastewater facilities;
(2)
The estimated cost of construction; and
(3)
The anticipated need for the sewers within the development. Such need shall be determined after consideration of all available information, including any report or evidence submitted by the developer of such proposed development.
(Ord. of 1-2002, Art. IX, § 2; Ord. of 3-9-2010)
Sec. 21-123. - Subdivision of lots.#
If a developer subdivides lots fronting on an existing town road, the town may waive the requirement of installation of capped sewers serving such lots if it finds such installation to be impracticable, provided that any easements necessary for future sewer installation are dedicated to the town. The town may by agreement with the developer provide for immediate or future construction of the capped sewers, either by the developer as provided herein with provision for reimbursement if other properties connect, by the town with the developer defraying his share against other properties deferred, or by the town with the developer depositing with the town in the form of cash or a savings account assignment his share of the estimated cost to be held by the town for construction at some future date, or by some other reasonable and equitable method.
(Ord. of 1-2002, Art. IX, § 3; Ord. of 3-9-2010)
Sec. 21-124. - Development agreements.#
The town may enter into agreements with developers or other owners of land for the construction of sewers by and at the expense of such developers or owners which sewers may become part of the public sewer system under conditions hereinafter stipulated. The town may from time to time promulgate any necessary regulations stipulating the terms and conditions of said agreement consistent with the provisions of this article. The conditions under which a permit-agreement may be executed are as follows: (1)
The president of the town council is authorized to sign on behalf of the town all such agreements when said council has authorized the same.
(2)
The terms and text of an agreement for any particular project under this article shall be as approved by the town solicitor.
(3)
Such agreements, or plans which are made a part thereof, shall specify the limits, sizes, and grades of the sewers to be built and the nature and limitations on the waste or liquids to be conveyed, subject to the approval of the plumbing inspector and/or the sewer plant manager. All the terms of and all subsequent amendments to [this article] shall be applicable to work done under such agreements.
(4)
Such agreements shall provide that the full cost of construction of the sewer and all expense incidental thereto shall be borne by the developer or owner who shall, before commencing any work, deposit with the town treasurer a sum deemed by the town based upon the recommendation of such engineer(s) as the town may employ, to be sufficient to defray the cost of preliminary surveys, of the preparation of designs and plans, of other expenses of preliminary engineering, of inspection, supervisory engineering, grade staking, measuring, testing and all other expenses of the town incurred prior to or during construction, or during any maintenance period stipulated, including allowances for pension, insurance and similar costs related to payroll. Such agreements shall also provide that in case said deposit proves to be insufficient at any time during the progress of the work, further deposit shall be made upon notification by the treasurer, and that, upon acceptance of the sewer, any unspent portion of said deposit shall be returned to the developer or owner.
(5)
All such agreements shall provide that the developer or owner shall assume all risks and hold the town harmless from any and all claims for damages arising from the work or its conduct. To secure such risks, adequate liability, property damage and compensation insurance in amounts fixed by the town shall be required of the developer or owner who shall furnish proper and acceptable certificates of insurance before starting work.
(6)
The town, whenever in its opinion there is a possibility of loss by the town by reason of failure of the owner or developer to complete the work contemplated in the agreement, or any part thereof, or to comply with any maintenance requirements, may require as a part of said agreement that adequate bond or other surety acceptable to the town be submitted to insure completion and maintenance of the work.
(7)
Such agreements shall require, whenever the work is not in a duly accepted public road, that adequate rights-of-way be conveyed to the town prior to the acceptance of the sewer, the terms of conveyance being subject to the approval of the town solicitor.
(8)
After certification by such engineers as the town may employ, that any sewer constructed under the terms of this article has been completed in accordance with the plans, specifications and standards of the town and that the maintenance period fixed in the agreement has expired, and that all roadways, curbs, walks and other surfaces and appurtenances disturbed by the work have been properly restored, or that adequate security by bond or otherwise has been furnished to assure such restoration, the town may, be resolution, incorporate said sewer into the town wastewater facilities, to become effective as specified in such resolution.
(Ord. of 1-2002, Art. IX, § 4; Ord. of 3-9-2010)