Subdivision elevation agreement

In the event any lot within a proposed subdivision is at such an elevation that the department cannot assure adequate water pressure to said lot, the department's recommendation for final subdivision approval shall be subject to the owner of such lot or lots executing an elevation agreement, whereby such lot owner agrees to accept such water service as the department is capable of providing based on such lot's elevation and, further, that such owner shall agree to construct and maintain, at the owner's expense, a tank, a pump with a tank, or other appurtenances as may be required by the department, which shall be of sufficient capacity and ability to furnish an adequate supply of water in the event the pressure in the department's water mains is inadequate. The agreement shall further provide that the improvements associated with the elevation agreement shall be completed and installed prior to the issuance of any certificate of occupancy by the department of public works. Any subdivision for which an elevation agreement has been executed may be permitted to connect to the department's water system, while at the same time maintaining its separate, private subdivision water system pursuant to the requirements, conditions, and specifications of the department and this chapter. All elevation agreements shall be recorded with the bureau of conveyances or the land court of the State, shall constitute an encumbrance on the real property to be subdivided, and unless released or cancelled by the department, shall bind the owner of the subdivided real property and the owner's successors and permitted assigns. (Ord. No. 3730, § 1, 2010)