ARTICLE IV. CONSTRUCTION AND EXTENSION OF PUBLIC WATER SYSTEMS

(a) It is the intent of this section to discourage the development of facilities outside designated primary service areas and to provide some assistance to a developer when facilities are constructed in accordance with public water phasing and construction plans. Recognizing that the developer will incur a certain level of expense to properly provide water service to a development, the intent is not to reimburse the developer for that expense. In all cases the developer must make an economic decision. The purpose of this section is to provide a degree of certainty to the cost of water service and to set forth those conditions under which the county will permit private construction of the facilities of the county.

(b) Upon request and under certain conditions, the county may share in the cost of providing water service when application for construction is made by a developer. The extent to which the county participates will be based on certain factors designed to maximize and channel limited public funds for water construction into those areas where water can be provided most effectively to promote the public health and welfare. Those factors are:

(1) The extent to which water facilities are oversized at the request of the county to provide future use capacity;

(2) The extent to which the proposed development is within a designated primary service area;

(3) The extent to which the facilities consist of system facilities as opposed to local facilities.

(c) Within the limits of funds available for water construction, the county will share costs if requested by the developer as follows:

(1) The total cost of local facilities shall in all cases be borne by the developer.

(2) When proposed development is to be located within a primary service area, the county will pay the additional construction cost of installing or oversizing system facilities required by the county for future use capacity or other needs. The county may offset its cost by deducting any system facility connection fees due to it from the developer. The county's share shall be the difference between the estimated cost of the facilities necessary for future use and the cost of local facilities and system upgrades necessary under county standards to serve the development. The developer shall bear all design costs. The estimated costs shall be based upon current charges for water construction and shall be agreed to between the developer and the county.

(3) When proposed development is to be located outside a primary service area, the cost of installing or oversizing system facilities for future use capacity or other needs shall be borne by the developer. In addition to the cost of construction, the developer will be liable for a connection charge at the time of connection of the extension to public water facilities. Such fee shall be equal to the total initial connection fees due from the development without credit or reduction for the construction of local or system facilities or other costs paid by the developer.

(4) If no primary service areas have been established by the governing body, all proposed development shall be deemed to be within a primary service area.

(d) If sufficient county funds are not available for water construction to enable the county to contribute fully as set forth in subsection (c) (2), then other sums may be negotiated on a case-by-case basis. In any event, the final sum to be contributed by the county to the construction and/or the total amount of connection fees due to the county, shall be set forth in the contract required by Sections 22-88 or 22-89.