§ 51.50 WATER, SANITARY SEWER AND STREET EXTENSION POLICY.
   (A)   Policy. It shall be the policy of the town to extend, or allow others to extend, its water, sanitary sewer, and street systems according to the terms and conditions of this subchapter.
   (B)   Definitions.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "SERVICE AREA." The land adjacent or abutting a water main or sanitary sewer main which the pipeline will directly serve (by a customer connecting to the pipeline).
   (C)   Extensions.
      (1)   Extensions initiated by and paid for by town.
         (a)   Water. The Board of Commissioners may at its discretion extend water mains along streets, through dedicated right-of-ways, and through easements, both permanent and temporary. It may elect to do so in order to connect to an additional source of supply or storage tank, to loop lines to improve water pressure and water quality, to improve fire flows, to serve a facility owned by the town, to reach unserved property within the town limits and extra-territorial jurisdiction, to save money in anticipation of higher construction costs later, or to serve a facility it deems is in the best interests of the citizens of the town to serve.
         (b)   Sanitary sewer. The Board of Commissioners may at its discretion extend sanitary sewer mains along streets, through dedicated right-of-ways, and through easements, both permanent and temporary. It may elect to do so in order to connect to another disposal area, improve transmission of sewage for the existing system, to serve a facility owned by the town, to reach unserved property within the town limits and extra-territorial jurisdiction, to save money in anticipation of higher construction costs later, or to serve a facility it deems in the best interest of the citizens of the town to serve.
         (c)   Streets. The Board of Commissioners may at its discretion extend streets in dedicated right-of-ways. It may elect to do so in order to alleviate high volume traffic in undesired areas, to alleviate safety hazards caused by road alignment, to reduce response times for police, fire, and rescue by providing a more direct route, or to connect existing streets to new streets within town limits which would otherwise be unconnected (such as the entrance road to a subdivision not contiguous to the existing street system).
      (2)   Extensions petitioned for by citizen or land owner and paid for by town.
         (a)   Within town limits.
            1.   Water - within town limits. Upon receipt of a valid petition, the town shall, at its expense, extend water mains to the near property line of any property within the town limits, subject to the availability of existing dedicated right-of-ways to route the main. However, the town will not extend lines at the town's own expense into a subdivision which is being privately developed.
            2.   Sanitary sewer - within town limits. Upon receipt of a valid petition, the town shall, at its expense, extend sanitary sewer to the near property line of any property within the town limits. This is subject to the availability of existing dedicated right-of-ways to route the main. If not feasible because of physical barriers, lack of right-of-way, topography, or economics, alternate sewage disposal may be arranged. The town will not extend lines at the town's expense into a subdivision which is being privately developed.
            3.   Streets - within town limits. Upon receipt of a valid petition, the town may, at its expense, extend streets to the near property line of any property within the town limits. This is subject to the availability of existing dedicated right-of-ways and available funds. The town will not extend streets at the town's expense into a subdivision which is being privately developed.
         (b)   Outside town limits.
            1.   Water - outside town limits. The town is under no obligation to extend water lines outside the town limits. Upon receipt of a valid petition, extensions of water mains at the town's expense may be made at the discretion of the Board of Commissioners. The petition must be signed by a majority of the owners of the property within the Service Area and must represent a majority of all the linear feet of frontage of the property within the Service Area. Voluntary annexation by 100% of the property owners subscribing to the service is required, except for areas remote from the town limits. The extension is subject to the economic feasibility and the availability to town funds. The town will not extend lines at the town's expense into a subdivision which is being privately developed.
            2.   Sanitary sewer - outside town limits. The town is under no obligation to extend sanitary sewer lines outside the town limits. Upon receipt of a valid petition, extension of sanitary sewer lines at the town's expense may be made at the discretion of the Board of Commissioners. The petition must be signed by a majority of the owners of the property within the Service Area and must represent a majority of all the linear feet of frontage of the property within the Service Area. Voluntary annexation by 100% of the property owners subscribing to the service is required. The exemption is subject to the economic feasibility and the availability to town funds. The town will not extend lines at the town's expense into a subdivision which is being privately developed.
            3.   Streets - outside town limits. The town is under no obligation to extend streets outside the town limits. Upon receipt of a valid petition, extensions of streets at the town's expense may be made at the discretion of the Board of Commissioners. The petition must be signed by a majority of the owners of the property to be served and must represent a majority of all the linear feet of frontage of the property to be served. Voluntary annexation by 100% of the property owners is required as well as an adequate dedicated right-of- way. The extension is subject to the economic feasibility and the availability to town funds. The town will not extend streets at the town's expense into a subdivision which is being privately developed.
      (3)   Extensions initiated and paid for by others.
         (a)   Water, sanitary sewer and streets within town limits. The town will allow others to extend its water, sewer, and street systems subject to:
            1.   A valid application for making extension being submitted to the town by the petitioner;
            2.   The petitioner paying 100% of the costs;
            3.   Approval of application and engineering plans by the Board of Commissioners and applicable regulatory authorities;
            4.   Construction meeting town standards, regulations, and ordinances. The minimum pipe diameter required for water mains is six inches. The minimum pipe diameter for sanitary sewer is eight inches;
            5.   Construction must be done by a contractor licensed for that type of construction by the North Carolina Licensing Board For General Contractors;
            6.   Construction being within existing dedicated right-of-ways of adequate widths;
            7.   Acceptance by town for operation and maintenance; or
            8.   Extensions to be deeded to town.
            9.   In the case of water and sewer extensions, approval of plans by Town Commissioners will be also be subject to existing systems having capacity to serve proposed extension.
            10.   The town will not allow the extension of its sanitary sewer system unless the property to be served is also served by the town's water system or a water corporation whose jurisdiction supersedes that of the town.
         (b)   Water, sanitary sewer and streets outside town limits. The town is not obligated to allow others to extend its water, sanitary sewer, or street system outside of the town limits. The Board of Commissioners will consider proposed extensions based upon the same criteria as those inside the town limits plus the following additional requirements:
            1.   In the case of only a water extension, voluntary annexation by 100% of the property owners is required except for locations remote from the existing town limits.
            2.   In the case of sanitary sewer and street extensions, voluntary annexation by 100% of the property owners is required.
            3.   In the case of a sanitary sewer extension, no property will be served by the town's sanitary sewer system unless it is also served by the town's water system or a water corporation whose jurisdiction supersedes that of the town.
            4.   In the case of a street extension outside of the town limits, the construction must also meet the requirements of the NC Department of Transportation as well as the town's requirements. The street must be dedicated and accepted for operation and maintenance by the NC DOT rather than by the Town of Ayden.
         (e)   Participation by town for additional capacity. The town may elect to require larger diameter pipelines than those minimum sizes which would adequately serve the proposed area. One hundred percent of the additional cost of providing larger diameter pipelines shall be borne by the town.
         (f)   Construction inspection. Construction inspection by the town or a representative of the town is required for all extensions. The developer(s) or person(s) responsible for the extension(s) will be responsible for 100% of the costs for construction inspection. The inspector must be a certified engineer and approved by the town.
   (D)   Connections. The tap on fees shall be in accordance with the current rate schedule.
(Ord. 91-92-14, passed 12-9-91; Am. Ord. 02-03-33, passed 3-10-03; Am. Ord. 06-07-08, passed 8-14-06)