§ 110-35. Extensions to distribution system.

(a)

Planned extensions. Under this article, the county may, from time to time, through the creation of special taxing districts, municipal service units, special assessments, designated service areas or by other means, plan water extensions in specific areas of the county. The costs of these extensions and terms of payment may be set forth individually by county ordinance or resolution. If the county installs at its cost water mains which are system betterments, the county shall require a construction connection charge from property owners connecting to such mains to reimburse the county for its costs.

(b)

Water extensions other than planned extensions. Where properties are to be served by extensions which are not planned extensions, water facilities shall be extended on the following basis:

(1)

Application. An application shall be required for extension of water service under this section and shall be in writing and signed by the developer desiring county water service. The application shall be filed with the county and shall include a legal description of the property and shall indicate the name, street address, lot and block number and the street frontage of each site, along with the proposed usage. Each applicant shall agree to connect to and use the county water service for his property. No water mains or connections to mains will be extended until the charges for water service, as further outlined, have been provided for.

(2)

Processing of application. Upon receipt by the county of a proper application requesting a water main extension, it will be evaluated and, if not feasible, returned with the proper explanation. If feasible, the cost to the developer will be estimated and submitted to the developer for consideration. If the developer decides to proceed further with the project and final zoning of the project has been approved, the county shall, at the developer's request, prepare and submit an agreement specifying all terms and conditions for service and related costs to the developer.

(3)

Basis of payment for extensions. The cost to the developer shall be the payment of the connection charges and construction costs as further outlined. The allocation of costs for oversizing water mains and rebates in regard to off-site water mains is outlined in subsection 110-36(a)(6).

(4)

Water main extensions. In addition to any required off-site mains, each developer or owner of property who requests water service shall install, as required by the county, a water main along one entire boundary line of the property which actually abuts a public road or street. However, in its sole discretion, the county may require the developer or property owner to install additional water mains as the county may deem necessary to promote the public interest and the orderly development of a countywide water system. Such additional mains may be required by the county to be installed along all or part of the boundaries of the remainder of the property or through the property which is to receive water service.

(5)

Water main extension from public right-of-way. Water mains shall be extended so that service to a developer's property will be from mains located in public rights-of-way or easements in private paved roads abutting each individual parcel of the developer's property which will receive service from a meter. Such water main extensions shall not be installed on private property except within dedicated easements.

(c)

Right to refuse service. The county shall have the right at all times to refuse to extend service on the basis of a use detrimental to the water system, lack of payment of required fees or for any reason which, in the opinion of the county, will cause the extension not to be in the public interest. No payment of any costs, submitting of any petition or any other act to receive water service shall guarantee water service.

(Code 1970, § 26-77; Ord. No. 87-09, § 7, 3-24-87)