WATER, SEWER AND STREET EXTENSION POLICY

§ 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)

BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL

§ 51.60 WATER CROSS-CONNECTION CONTROL.

   (A)   Purpose. The purpose of this cross- connection control ordinance is:

      (1)   To protect the public potable water supply of the town from the possibility of contamination or pollution, due to back siphonage or back pressure, by isolating within the consumer's internal distribution system or the consumer's private water systems such contaminants or pollutants which could backflow into the public water system;

      (2)   To define the authority of the town as the water purveyor entitled to eliminating all cross-connections, new or existing, within its public water system;

      (3)   To provide a continuing inspection program of cross-connection control which will systematically and effectively control all actual or potential cross-connections which may be installed in the future.

   (B)   Responsibility: Town.

      (1)   The Department of Water Resources will be primarily responsible for preventing any contamination or pollution of the public water system. This responsibility begins at the point of origin of the public water supply and includes all of the public water distribution system, and ends at the service connection under the Safe Drinking Water Act. The Backflow Administrator, or his/her designee shall exercise vigilance to ensure that the consumer/customer has taken the proper steps to protect the public potable water system.

      (2)   When it has been determined that a backflow protection assembly is required for the prevention of contamination of the public water system, the Backflow Administrator, or his/her designee, shall notify the owner, in writing, of any such building or premises, to correct within a time set by this subchapter, any plumbing installed or existing that is in violation of this subchapter.

      (3)   After surveying the private water system, the Backflow Administrator, or his/her designee, will select an approved backflow prevention assembly required for containment control to be installed at service entrance.

      (4)   Prior to the installation of any backflow prevention assembly, the owner of the private water system must be notified that the installation of a backflow prevention assembly may create a closed system, and as a result thermal expansion may occur. Under such circumstances, the customer must understand and assume all liability and responsibilities for that phenomenon.

   (C)   Responsibility: Customer.

      (1)   The customer has the responsibility of preventing contaminants and pollutants from entering the customer's private water system or the public water system operated by the Town. The customer, at his/her own expense, will install, operate, and maintain all backflow prevention assemblies specified within this subchapter.

      (2)   If a tenant customer does not maintain the private water system and has no authority to bring the system into compliance with the provisions of this subchapter, the Town may assert any available action against tenant to assure the private water system is brought into compliance with this subchapter.

(Ord. 02-03-21, passed 11-12-02)

§ 51.61 DEFINITIONS.

   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   "AIR GAP SEPARATION." An unobstructed vertical distance through the atmosphere between the lowest opening from any pipe or faucet supplying water from any source to a tank, plumbing fixture, or other device and the flood level rim of the receptacle. An approved air gap separation shall be at least double the diameter of the supply pipe. In no case shall the air gap separation be less than one inch. An approved air gap separation is an effective method to prevent backflow and shall be considered as a backflow prevention assembly.

   "ATMOSPHERIC VACUUM BREAKER." A device used to prevent back siphonage which is designed so as not to be subject to static line pressure.

   "BACK PRESSURE." Any elevation of pressure in the down stream piping system caused by pumps, elevation of piping, or steam and/or air pressure above the supply pressure at the point of consideration which would cause a reversal of the normal direction of flow.

   "BACK SIPHONAGE." A reversal of the normal direction of flow in the pipeline due to a negative pressure (vacuum) being created in the supply line with the backflow source subject to atmospheric pressure.

   "BACKFLOW." Any reverse flow of water, gas, any other liquid substance, or combination thereof into the public water system from any source due to an unprotected cross-connection.

   "BACKFLOW PREVENTION ADMINISTRATOR." An employee of the town designated by the Director to administer and enforce the provisions of this subchapter.

   "BACKFLOW PREVENTION ASSEMBLY - APPROVED." An assembly that has been investigated and approved by the Town Water Resources and has been proved to meet the design and performance standards of the American Society of Sanitary Engineers (ASSE), the American Water Works Association (AWWA), or the Foundation for Cross Connection Control and Hydraulic Research of the University of Southern California.

   "CERTIFIED TESTER." Any individual person who has proven his/her competency to test, repair and overhaul backflow prevention assemblies. This person must hold a certificate of completion from a certified training program in the testing and repair of backflow prevention assemblies and cross connection control.

   "CONSUMER/CUSTOMER." Any person, firm, or corporation using or receiving water from the town public water system.

   "CONTAINMENT." The prevention of backflow from a private water system by an approved, properly functioning backflow prevention assembly which is installed, operated and maintained in accordance with the provisions of this subchapter.

   "CONTAMINATION." An impairment of the quality of the water to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease.

   "CROSS-CONNECTION." Any actual or potential connection or piping arrangement between a public or a consumer's potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluids, gas or substance which could be harmful or hazardous to the potable water system.

   "DOUBLE CHECK VALVE ASSEMBLY." An assembly composed of two single, independently acting, approved check valves, including tightly closing shut-off valves located at each end of the device and suitable connections for testing the water tightness of each check valve.

   "DUAL CHECK VALVE." A device composed of two single, independently acting, approved check valves. This is classified as a device and cannot be in-line tested.

   "HAZARD-DEGREE." The evaluation of a hazard within a private water system as moderate or high.

   "HAZARD-HIGH." An actual or potential threat of contamination to the public water system or to a customer's potable water system that could cause serious illness or death.

   "HAZARD-IMMINENT." An actual threat of contamination to the public water system that could cause serious illness or death.

   "HAZARD-MODERATE." An actual or potential threat of damage to the physical components comprising the public water system or a customer's potable water system, or of pollution to the public water system or to a customer's potable water system.

   "POLLUTION." An impairment of the quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use.

   "POTABLE WATER." Water from any source which has been approved for human consumption by the appropriate agency of the State of North Carolina, Town of Ayden and/or local health agencies.

   "PRESSURE VACUUM BREAKER." An assembly suitable for continuous pressure, to be used to provide protection against back siphonage.

   "PRIVATE WATER SYSTEM." Any water system located on the customer's premises, whether supplied by public potable water or an auxiliary water supply. The system or systems may be either a potable water system or an industrial piping system.

   "PUBLIC WATER SYSTEM." The potable water system owned and operated by the town. This system includes all distribution mains, lines, pipes, connections, storage tanks, and other facilities conveying potable water from the water treatment plants to the service connections of each customer.

   "REDUCED PRESSURE ZONE ASSEMBLY." An approved, properly functioning assembly containing two independently acting check valves with. a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly must include properly located test cocks and tightly closing shut off valves at each end of the assembly. This assembly is designed to protect against a high hazard.

   "SERVICE CONNECTION." The terminal end of a service connection from the public potable water system, i.e., where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the consumer's water system.

   "USED WATER." Any water supplied by a water purveyor from a public water system to a consumer's water system after it has passed through the point of delivery and is no longer under the control of the water purveyor.

   "WATER PURVEYOR." Owner or operator of a public potable water system providing an approved water supply to the public.

   "WATER SUPPLY-AUXILIARY." Any water supply on or available to the customer's premises, other than the purveyor's approved public potable water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source such as a well, spring, river, stream, etc., and used or objectionable water and constitute an unacceptable water source over which the water purveyor does not have sanitary control.

   "WATER SUPPLY-UNAPPROVED." Any water supply which has not been approved for human consumption by the North Carolina Department of Human Resources.

(Ord. 02-03-21, passed 11-12-02)