(A) Unless a connection is expressly authorized by the provisions of this section, owner(s) of real property located outside the city limits are not permitted to connect to a city water line and/or sanitary sewer line.
(B) Except as provided by this division, owner(s) of real property located outside the city limits seeking to connect to a city water line or sanitary sewer line must connect to both facilities and shall not have the option of connecting to one facility without the other. If one of the following conditions is satisfied, real property located outside the city limits may be connected to either a city water line or a city sanitary sewer line:
(1) The real property for which connection to either a city water line or city sanitary sewer line is sought consists of one and only one parcel of land that immediately adjoins an existing water or sanitary sewer line that is owned, operated, and maintained by the city; or
(2) The City Council authorizes the connection of the real property to either a city water line or city sanitary sewer line due to severe topographical conditions or other factors peculiar to the site that would cause undue hardship if connection to both lines were to be required. The City Council may grant such an authorization only after it has received a written request from the property owner(s) and entered one or more findings in the Council's meeting minutes specifying the unique hardship(s) warranting such an authorization. The written request is to be submitted to the City Council through the City Manager, who shall act as the Council’s agent.
(C) Real property located outside of the city limits and already connected to either a city water line or city sanitary sewer line must be annexed into the city prior to the issuance of a connection permit authorizing the connection of the real property to a previously unavailable or unutilized line. If the real property for which a connection permit is sought can only be annexed into the city by means of satellite annexation by petition, an exemption from this requirement may be granted by the City Council upon written request of the property owner(s) and upon the entry by the City Council in its meeting minutes of findings that the noncontiguous area in question cannot be annexed by petition of the owner(s) due to the area proposed for annexation failing to meet the standards prescribed by G.S. § 160A-58.1(b).
(D) When property owner(s) choose to apply for permission to connect to a city water line and/or sanitary sewer line concurrently with an on-going annexation procedure, permission to make the requested connection(s) may be granted at the following points in the annexation process.
(1) If an annexation process has been initiated by petition of the property owner(s) requesting connection to the city water and/or sanitary sewer line(s), the connection(s) may be approved no sooner than the effective date of the ordinance extending the city limits to include the real property for which a connection permit is sought. Notwithstanding any other provision in this section, the City Council may authorize, prior to the effective date of the ordinance extending the city limits to include real property for which municipal water/sewer service is sought, a temporary connection permit allowing the requested connection with the municipal infrastructure so long as, and only so long as, such a permit is issued and maintained in strict compliance with the following conditions:
(a) The annexation petitioner must submit a written request for a temporary connection permit. This written request must state with specificity the factors unique to the temporary connection permit applicant's situation that will cause undue hardship if connection to the municipal infrastructure is prohibited until the effective date of the annexation ordinance for which a petition has been properly submitted. Alleged hardships from the delayed connection that are common to the general public are not a proper basis for an exception to the generally applicable rule that temporary connection to the city's utility infrastructure in advance of the effective date of the applicable annexation ordinance is prohibited.
(b) The written request for a temporary connection permit is to be submitted to the City Manager, who shall act as the City Council's agent for receiving and processing requests for temporary connection permits.
(c) A decision by the City Council to authorize a temporary connection permit must be based upon one or more findings supporting the determination that an undue hardship will be created in the absence of the requested temporary connection permit. The required finding(s) shall be recorded in the City Council's meeting minutes.
(d) The maximum duration of a temporary connection permit shall be either the length of time required for an annexation ordinance to become effective for the real property benefitted by the temporary connection permit or six calendar months measured from the first day of the month immediately following the issuance of the requested temporary connection permit, whichever time period is shorter.
(e) Any fees paid under the applicable schedule of fees for the temporary connection permit shall be credited toward the cost of a standard connection permit issued after the effective date of the applicable annexation ordinance.
(2) If the real property for which a connection permit is sought is located within an area subject to a city-initiated annexation process, the requested connection permit(s) may be approved no sooner than 71 days following the date of the adoption of the annexation ordinance or the date of the final resolution of any review proceedings initiated as a consequence of the adoption of the annexation ordinance, whichever is later. This provision is not to be construed as authorizing any customer of the city’s Water and Sewer Department to be charged, prior to the effective date of the city-initiated annexation of the area, with the same fees and at the same rates that are accorded to customers located within the city limits.
(E) As used in this section:
(1) WATER LINE. Any water distribution line built to utility standards.
(2) SANITARY SEWER LINE. Any sanitary sewer collector, interceptor, and outfall line built to utility standards.
(F) Notwithstanding the provisions of this section, when any real property located outside the city limits is subject to a major subdivision of land plat governed by the Subdivision Ordinance of the city, any application or request for connection to the city water and sewer facilities shall be subject to and reviewed in accordance with the provisions of the Subdivision Ordinance pertaining to water and sewerage system improvements.
(Ord. 06-96, passed 6-6-96; Am. Ord. 12-04, passed 6-10-04; Am. Ord. 39 ORD 8-06, passed 8-10-06; Am. Ord. 65 ORD 12-08, passed 12- 4-08; Am. Ord. 31 ORD 11-19, passed 11-7-19)