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Board debates utility-connection ordinance that would require hookup when sewer is available
Summary
Council discussed ordinance 20-26-08 that would require property owners to connect to town sewer where applicable, described enforcement steps (warning then fines) and debated grandfathering and practical enforcement; transcript did not provide a clear final fine amount and staff said retroactivity would be difficult to enforce.
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Town staff presented ordinance 20-26-08, which would require property owners to connect to town sewer when service is available and sets an enforcement structure including written warning with five days to comply and a daily fine for ongoing violations. Staff described the ordinance's intent as protecting the town's water and sewer infrastructure and preventing unpermitted construction over easements.
Board members pressed staff on retroactivity and grandfathering for preexisting driveways or trees in easements; one member noted enforcement difficulty and said the town cannot make past actions retroactively illegal. Staff acknowledged those limits and said enforcement would be easier for new or significantly altered work. The transcript includes a reference to a fine amount but the figure is unclear in the record and is treated here as not specified. "I can't pass something today making what you did yesterday illegal," a staff member said, explaining the limits of retroactive enforcement.
Members also discussed coordination with a proposed interlocal agreement with the county planning and zoning office: the interlocal does not cover water and sewer enforcement, which remains a planning and zoning issue. No final vote to adopt the ordinance was recorded; the board agreed there are three options: adopt, reject, or table for further review.
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