ARTICLE IV. CONSTRUCTION AND EXTENSION OF PUBLIC WATER SYSTEMS

Section 22-88. Construction and extension.

(a) The governing body may in its discretion extend public water to areas of the county which have not been previously served.

(b) The governing body may permit the extension or construction of the facilities of the county by a developer. All such extensions shall be at the request of the developer and shall be made pursuant to a contract between the developer and the county authorized by the governing body, executed by the county administrator on behalf of the county, and approved as to form by the county attorney. The contract shall include terms providing for the amount of all fees to be paid to the county and providing that the fees may be paid in a lump sum or in four (4) installment payments over a two (2) year period, with the first installment payment due prior to any connections to the existing system. Subsequent installment payments are to be paid at eight (8) month increments. In no case shall the number of building permits issued by the county exceed the number of connection fees paid by the developer. The contract shall also set forth any cost sharing and provide that, upon completion and approval of the construction of such facilities, they shall become the property of the county. Such contracts shall be executed by all parties prior to the issuance of a certificate to construct. The provisions of this subparagraph apply to extensions which have not been approved by the county on the date of adoption of this chapter. The governing body may authorize an extension based on preliminary fee and cost-sharing information, and may authorize the county administrator to execute agreements required by this section at some later time, provided, however: (1) that the number of connections to the system approved by the governing body shall not later be increased more than ten percent (10%) without authorization of the governing body; and (2) that the standard connection fees, credits, and other fees and policies in effect at the time of execution of the agreement, as established by the governing body, shall be the basis for computing such fees.

(c) The governing body may permit the extension of public water systems other than facilities of the county by a developer if such extension is found to be in accordance with future water availability, the comprehensive plan of the county, and is in the best interest of county citizens. All such extensions shall be at the expense of the developer or others pursuant to arrangements made with the owner of the system. The county administrator shall present such request to the governing body with a recommendation for approval or denial as soon as practicable after receipt. The county administrator shall not issue a certificate to construct for such an extension until approved by the governing body.

(d) All contractors installing facilities of the county shall be approved by the county.

(e) For all construction under paragraph (b) and (c) of this section, the location, type, and size of any facility must comply with county standards and with plans established by the county for future construction. Except as provided in Section 22-90, the entire expense of construction shall be borne by the developer. The provisions of paragraph (b) of this section shall only apply to extensions proposed to facilities of the county, the construction of which was completed on or after January 1, 1988.

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