ORDINANCE NO. 2001-5

AN ORDINANCE RESTRICTING WATER AND SEWER
CONNECTIONS IN NEW RESIDENTIAL SUBDIVISIONS

WHEREAS, the Town of Millersburg has heretofore authorized the operation and construction of a waterworks plant and a sewage treatment plant, and is the body charged with regulating the connection of additional users to Town water and sewer utilities: and

WHEREAS, the Millersburg Town Council considers it desirable to limit the number of housing units hooked up to the water and sewer utilities to as to avoid exceeding the capacity of such utilities: and

WHEREAS, Indiana Code §§ 36-1-3-1, et seq. permits any town in the State of Indiana to exercise any power or any function necessary to the public interest in the context of its municipal or internal affairs, which is not prohibited by the Constitution of the United States or the State of Indiana, or denied or preempted by any other law, or as not expressly granted by any other law to another governmental entity; and

WHEREAS, the Town Council of the Town of Millersburg is the Town legislative body and is by law authorized to adopt ordinances and resolutions for the performance of functions for the Town of Millersburg and its water and sewer utilities;

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Millersburg, State of Indiana, as follows:

Section 1. No lot in a residential subdivision, the plat or re-platting of which receives final approval on or after the effective date of this ordinance, shall be permitted to connect to the Town’s water or sewer lines unless such residential lot has an area of at least 10,000 square feet, has a minimum lot width of 90 feet, and a minimum lot depth of 90 feet.

Section 2. This Ordinance shall be effective upon its passage by the Millersburg Town Council.

ORDAINED AND ADOPTED this 12th day of March, 2001.