§ 48-304. General rules.

(a)

Title to extensions. Title to all extensions shall at all times be and remain vested in the City.

(b)

Control of extensions. Main extensions shall at all times remain under the sole control and jurisdiction of the City. The City shall have the right to permit the connection of additional customers to the main without the consent of the applicant, to make further extensions beyond or running laterally from such extension or to connect such extension to any other portion of the City sewer system without incurring any obligations to the applicant or to users receiving service from such extension, except as hereinafter provided.

(c)

Responsibility of applicant in relocation of mains or changes in grade. When main extensions are made in unfinished streets, the applicant shall be fully responsible for damages to or relocation of the main and any appurtenant facilities, if such damage or relocation results from or is necessitated by acts of the applicant or his agents. If, after the mains are laid, the grade is changed to reduce the required minimum cover above the mains or any appurtenant facilities, then the applicant shall pay the cost of lowering the mains or facilities to the grade required to correct this deficiency. This responsibility shall remain in force until such time as the street is officially accepted by the City.

(d)

Determination of main size and applicant's cost. The City shall determine the size of the main required as well as the need for any additional facilities necessary to complete the extension. For the purposes of all extension contracts and for the purpose of calculating a proportionate share applicant's share of the project cost pursuant to the provisions of section 48-305(h), the "applicant's cost" shall include the costs described herein. The applicant's cost shall include the actual cost of construction of the facilities and mains, associated engineering costs, the cost of obtaining all necessary governmental approvals and permits and of all necessary property acquisitions. The applicant's cost shall not include any portion of the foregoing that represents an expansion of the proposed mains and facilities required by the City for the benefit of the overall system but which is not necessary to provide service to the applicant or any other potential user. The difference between the applicant's cost and the total project cost shall be the cost of the City's share which shall be borne by the City unless the applicant has elected to bear the additional cost associated with the completion of the City's share of the project pursuant to the provisions of section 48-303(c) hereof.

(e)

Extensions made in accepted streets only or easements. Extensions shall only be made on streets that are accepted by the City or within easements granted to the City.

(f)

Conditions for installation of mains in unaccepted streets and easements. Until a street has been accepted by the City, no new mains may be installed therein unless street lines and grades have been established, the street has been graded in a manner acceptable to the City and any necessary easements have been conveyed to the City, at no expense to the City. All such easements shall permit the City to install, maintain, extend and replace mains and appurtenances and make connections thereto. If requested by the City, the applicant shall erect and maintain stakes to indicate correct street lines and grades to facilitate proper installation of the mains.

(g)

General requirements. The determination of the required length and size of an extension shall in all cases be made by the City; however, except as required to address the conditions affecting a specific extension, the following general requirements shall apply:

(1)

The terminal point of any extension laid in a City-accepted street shall be located on an imaginary line drawn perpendicularly to the extension and extending from the most distant property line of the last potential user to be served by the extension;

(2)

If the extension is laid within an easement or an area intended for future use as a street to be constructed within a development or subdivision, it shall include all mains required to serve houses or buildings within such development or subdivision;

(3)

The size of any main to be installed shall be based on the existing and future needs of the City sewer system. The costs thereof shall be allocated as provided in subsection (d) of this section;

(4)

Any facilities other than mains which are part of the extension shall also be designed, constructed and the cost thereof allocated in accordance with the requirements of this division;

(5)

Whenever an extension laid within a street passes through an intersection, a stub or stubs shall be constructed within such other street or right-of-way for a distance not to exceed one hundred fifty (150) feet in each direction.

(h)

Deferral of installations. Whenever the provisions of this division require extensions to serve developments or portions thereof which are shown on a site plan approved by the Planning Commission or the Planning Department but which will not be constructed until a subsequent fiscal year, the City may choose to defer installation of the extension until additional service to such development or portions thereof is required. If the installation is deferred, the City shall nevertheless collect the applicant's share of the estimated cost of the deferred portion of the extension from the applicant in accordance with the terms of the extension contract, together, where applicable, with any additional amounts to be contributed to the City pursuant to the provisions of section 48-303(c). Such cost shall be based on the estimated cost of installing the extension.

(i)

Estimated cost for installations. The estimated cost of main installations shall be established annually by the City and kept on file by the department. The estimated cost of the installation of facilities shall be determined by the City on a case-by-case basis. The foregoing estimated costs shall be used in extension contracts, when applicable, for purposes of calculating the applicant's deferred costs pursuant to subsection (h) of this section, as well as the cost of the City's share as a percentage of the actual cost of the extension pursuant to the provisions of subsection (d) of this section.

(j)

Compliance required before scheduling extensions. Extensions shall not be scheduled for construction until the applicant has fully complied with all the obligations established by the extension contract as well as with all the conditions established by this division.

(k)

Assignment of extensions. Extensions will normally be assigned for construction in the order in which all the requirements established in this division have been met; however, the City may vary such assignment in order to integrate the timing of the construction with other projects, giving due consideration to weather conditions, the availability of materials and the immediacy of the need for such extension.

(l)

Execution of contracts after subdivision or site plan approval. If the extension is intended to serve a subdivision or a development with respect to which site plan approval is required, the extension contract shall not be executed until the applicant has received subdivision or site plan approval, whichever is applicable and has provided evidence thereof to the department. The applicant shall proceed with construction of the subdivision or development in such a manner as to allow the City to complete construction of the extension without interruption.

(m)

Installation of pumping equipment and accessories; execution of special service agreements. If property to be served by an extension is at such an elevation that, in the opinion of the City, adequate service cannot be furnished at all times, the affected users shall be required to install and maintain privately owned pumping equipment and any accessories deemed necessary to convey sewage to the extension. The users of such an extension shall be required to execute special service agreements prior to connection to the extension, which special service agreements shall be recorded in the Danbury Land Records. Such agreements shall serve as notice to potential purchasers of the property involved of the existence of an unusual condition as well as of any responsibility which the owner bears with respect to maintenance of special equipment made necessary by the presence of such condition.

(n)

Users subject to rates, rules, regulations, etc. All users connected to extensions installed in accordance with the terms of an extension contract shall be subject to the applicable rates, rules, regulations, terms and conditions of service as established by the City.

(Code 1961, § 16-57; Ord. No. 456, 2-2-1993)