§ 50.110 LOCATION OF METERS.

   (A)   All water meters must be located so that, as determined by the Administrator, they may be easily accessed by the town for measuring water usage, for repair and for replacement, and the requirements of this section and § 50.114 regarding the customer’s responsibilities relative to the meter must be met at all times.

   (B)   No new water meter may be installed in a publicly owned sidewalk unless there is neither available and suitable public right-of-way nor suitable location on the property to be served upon which to install the meter. When five or more water meters must be installed to serve any one location, they may not be installed in public right of way unless, as determined by the Administrator, there is no suitable location on the property to be served upon which to install them.

   (C)   A new water meter may only be installed on the property to be served at a location agreed upon by the Administrator and the property owner, and prior to the installation of the meter, the property owner must execute and deliver to the Administrator an easement, in a form acceptable to the Administrator and suitable for recording, conveying all rights necessary for the town to install, read, service, and replace the meter, and to maintain all appurtenant equipment, lines and facilities between the public water main and the meter.

(Ord. passed 7-17-2012)

§ 50.111 CONNECTION OF SERVICE BY TOWN.

   (A)   The town shall only be required to run a service line from the town’s distribution line to the agreed upon location for the customer’s meter if the customer’s nearest property line is adjacent to a public right-of-way. When the customer’s nearest property line is not adjacent to a public right-of-way, the customer is solely responsible for installing and maintaining all piping and other required facilities and for acquiring and providing proof of all necessary easements from the customer’s property to the appropriate public right-of-way. In every case it is the customer’s responsibility to connect and maintain all piping and facilities from the meter to the customer’s plumbing system.

   (B)   When the town installs two or more meters on the same property for different customers, they shall be closely grouped, but shall be labeled so as to identify to which customer each meter applies.

(Ord. passed 7-17-2012)

§ 50.112 TOWN NOT RESPONSIBLE FOR CERTAIN MATTERS OR DAMAGES.

   The town shall not be responsible for the following matters or damages. The failure to mention a particular type of claim or damage in the following paragraphs shall not authorize liability on the part of the town, does not constitute a waiver of governmental or sovereign immunity, and no responsibility or liability may be inferred by its exclusion. Among others:

   (A)   Although the town shall make a good faith effort to notify affected customers before service is discontinued or interrupted, the customer or adjunct customer, by making application for service, a customer or adjunct customer agrees to hold the town harmless from liability for any damages that may occur due to discontinuance or interruption of service.

   (B)   The town is not responsible for inspecting the customer’s or adjunct customer’s piping or plumbing apparatus and facilities and is not responsible for the condition of that piping, plumbing or facilities. A customer’s piping or plumbing apparatus and facilities consists of all piping or apparatus from the customer’s side of the meter on the customer’s property or on property the customer has crossed.

   (C)   The town is not liable for damage of any kind whatsoever resulting from water or the use of water on the customer’s or adjunct customer’s premises, unless the damage results directly from negligence on the part of the town and is covered by the town’s liability insurance coverage. The town is not responsible for damage done by or resulting from any defect in the piping, facilities, fixtures or appliances on the customer’s or adjunct customer’s side of the water meter. The town is not responsible for damage caused, wholly or in part, by the negligence of the customer, adjunct customer, or third parties or damage caused by forces beyond the control of the town.

   (D)   To the extent practicable, the town will notify the customer of any anticipated interruption of service, but any failure on the part of the town to give the notice will not create any liability on the part of the town.

(Ord. passed 6-21-2011; Ord. passed 7-17-2012)

§ 50.113 SYSTEM DEVELOPMENT FEES.

   (A)   (1)   System development fees shall be charged with respect to new development to fund costs of capital improvements necessitated by and attributable to such new development, to recoup costs of existing facilities which serve such new development, or a combination of those costs. System development fees shall be charged consistent with the requirements of G. S. Ch. 162A, Art. 8, as such may be amended from time to time. Terms used in this section shall have the same meanings as set forth at G.S. Ch. 162A, Art. 8.

      (2)   For purposes of this section, NEW DEVELOPMENT includes any of the following occurring after August 23, 2017 (the date the town began the written analysis process required by G.S. § 162A-205) that increases the water and/or sewer capacity necessary to serve that development:

         (a)   The subdivision of land;

         (b)   The construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure which increases the number of service units; or

         (c)   Any use or extension of the use of land which increases the number of service units.

   (B)   Beginning on the effective date of this section, system development fees shall apply to all new development except for fire line connections.

   (C)   System development fees shall not include and separate charges may be assessed for:

      (1)   A charge or fee to pay administrative, plan review, or inspection costs associated with permits required for development.

      (2)   Tap or hookup charges for the purpose of reimbursing the town for the actual costs of connecting the service unit to the system.

      (3)   Availability charges.

      (4)   Dedication of capital improvements onsite, adjacent, or ancillary to a development absent a written agreement providing credit or reimbursement to the developer pursuant to G.S. §§ 160A-320, 160A-499 or G.S. Ch. 160A, Art. 19, Part 3D as the same may be amended from time to time.

      (5)   Reimbursement to the town for its expenses in constructing or providing for water or sewer utility capital improvements adjacent or ancillary to the development if the owner or developer has agreed to be financially responsible for such expenses; however, such reimbursement shall be credited to any system development fee charged per division (K) below, as required per G.S § 162-207(c).

   (D)   System development fees will not be charged on buildings or other improvements constructed to replace like buildings provided that the replacement will not result in any increased capacity requirements over that required to serve the replaced building. System development fees are transferable between locations on different parcels of property as long as the parcels are contiguous or separated only by a street or alley and part of a single or multi-phased project shown on an approved site plan at the time of issuance of a building permit.

   (E)   No system development fee shall be charged or assessed with respect to any new development for which a system development fee under this subchapter has been collected at the time of plat recordation involving the subdivision of land and the amount of capacity associated with that payment of the system development fee has not increased at the time of application for the building permit. If the amount of capacity is increased at the time of application for a building permit, then a system development fee may be charged for the difference in the amount of the increased capacity minus the system development fee previously paid under this section.

   (F)   (1)   For new development involving the subdivision of land, the system development fee shall be collected at the later of the time of application for a building permit, or when water or sewer service is committed by the town.

      (2)   For all other new development, system development fees are due at the earlier of the time of application for connection of the individual unit of development to the service or facilities, or when water or sewer service is committed by the town.

      (3)   For purposes of this section, water and/or sewer service shall be deemed committed by the town at such time as the Public Works Department has approved the connection. Fees shall be assessed based on the schedule of fees in effect at the time the fees are collected.

   (G)   System development fees for connections for uses not listed in 15A NCAC 2T.0114 shall be established by the Town Manager after consultation with town staff based upon the considerations set forth at division (J)(2) below. System development fees established in this manner may be appealed to the Town Council.

   (H)   Additions, alterations to or replacements or change in use of existing buildings shall be required to pay a system development fee based on the rates applicable at the time of connection or at the time such addition, alteration, replacement or change in use is placed into service. When a change in use occurs, the new use will pay the difference calculated between the existing use and the proposed use.

   (I)   Buildings that contain more than one use shall have the system development fee calculated from the sum of each use in the building.

   (J)   (1)   The following system development fee shall be paid for connections to the town municipal water and sewer systems based on the customer's calculated anticipated daily flow rate converted to Equivalent Residential Units (ERUs). The system development fee shall be the same regardless of the customer's location inside or outside the municipal limits of the town.

TABLE 1

15A NCAC 02T .0114 WASTEWATER DESIGN FLOW RATES

         (a)   This rule shall be used to determine wastewater flow rates for all systems covered by this section unless alternate criteria are provided by a program specific rule and for flow used for the purposes of 15A NCAC 02H.0105. These are minimum design daily flow rates for normal use and occupancy situations. Higher flow rates may be required where usage and occupancy are atypical, including, those in paragraph (e) of this rule. Wastewater flow calculations must take hours of operation and anticipated maximum occupancies/usage into account when calculating peak flows for design.

         (b)   In determining the volume of sewage from residential dwelling units, the flow rate shall be as provided pursuant to G.S. § 143-215.1(f3) (currently 75 gallons per day per bedroom and 75 gallons per day per each additional bedroom). Each bedroom or any other room or addition that can reasonably be expected to function as a bedroom shall be considered a bedroom for design purposes.

         (c)   The wastewater design flow ratesset forth at 15A NCAC 02T .0114 (as such may be amended from time to time), provided below, shall be used to determine the minimum allowable design daily flow of non-residential wastewater facilities. It is recognized that the design flow figures in 15A NCAC 02T.0114 may be questioned for any given establishment/use; however, these are the figures developed by the state and are the figures the town must use in seeking permits from the state. Design flow rates for establishments not identified below shall be determined using available flow data, water-using fixtures, occupancy or operation patterns, and other measured data.

Type of Establishments (Uses)	Daily Flow for Design
Barber and beauty shops
Barber shops	50 gal/chair
Beauty shops	125 gal/booth or bowl
Businesses, offices and factories
General business and office facilities	25 gal/employee/shift
Factories, excluding industrial waste	25 gal/employee/shift
Factories or businesses with showers or food preparation	35 gal/employee/shift
Warehouse	100 gal/loading bay
Warehouse - self storage (not including caretaker residence)	1 gal/unit
Churches
Churches without kitchens, day care or camps	3 gal/seat
Churches with kitchen	5 gal/seat
Churches providing day care or camps	25 gal/person
Fire, rescue and emergency response facilities
Fire or rescue stations without on-site staff	25 gal/person
Fire or rescue stations with on-site staff	50 gal/person/shift
Food and drink facilities
Banquet, dining hall	30 gal/seat
Bars, cocktail lounges	20 gal/seat
Caterers	50 gal/100 sq ft floor space
Restaurant, full service	40 gal/seat
Restaurant, single service articles	20 gal/seat
Restaurant, drive-in	50 gal/car space
Restaurant, carry out only	50 gal/100 sq ft floor space
Institutions, dining halls	5 gal/meal
Deli	40 gal/100 sq ft floor space
Bakery	10 gal/100 sq ft floor space
Meat department, butcher shop or fish market	75 gal/100 sq ft floor space
Specialty food stand or kiosk	50 gal/100 sq ft floor space
Hotels and motels
Hotels, motels and bed & breakfast facilities, without in-room	120 gal/room
Hotels and motels, with in-room cookingfacilities	175 gal/room
Resort hotels	200 gal/room
Cottages, cabins	200 gal/unit
Laundry facilities, self-service	500 gal/machine
Medical, dental, veterinary facilities
Medical or dental offices	250 gal/practitioner/shift
Veterinary offices (not including boarding)	250 gal/practitioner/shift
Veterinary hospitals, kennels, animal boarding facilities	20 gal/pen, cage, kennel or stall
Hospitals, medical	300 gal/bed
Hospitals, mental	150 gal/bed
Convalescent, nursing, rest homes without laundry facilities	60 gal/bed
Convalescent, nursing, rest homes with laundry facilities	120 gal/bed
Residential care facilities	60 gal/person
Park, recreation, campgrounds, R-V parks and other outdoor activity
Campground with comfort station, without water or sewer	75 gal/campsite
Campground with water and sewer hookups	100 gal/campsite
Campground dump station facility	50 gal/space
Construction, hunting or work camps with flush toilets	60 gal/person
Construction, hunting or work camps with chemical or portable	40 gal/person
Parks with restroom facilities	250 gal/plumbing fixtures
Summer camps without food preparation or laundry facility	30 gal/person
Summer camps with food preparation and laundry facilities	60 gal/person
Swimming pools, bathhouses and spas	10 gal/person
Public access restrooms	325 gal/plumbing fixture
Schools, preschools and day care
Day care and preschool facilities	25 gal/person (child and)
Schools with cafeteria, gym and showers	15 gal/student
Schools with cafeteria	12 gal/student
Schools without cafeteria, gym or showers	10 gal/student
Boarding schools	60 gal/person (student)
Service stations, car wash facilities
Service stations, gas stations	250 gal/plumbing fixtures
Car wash facilities (if recycling water see Rule .0235)	1,200 gal/bay
Sports centers
Bowling center	50 gal/lane
Fitness exercise, karate or dance center	50 gal/100 sq ft
Tennis, racquet ball	50 gal/court
Gymnasium	50 gal/100 sq ft
Golf course with only minimal food service	250 gal/plumbing fixture
Country clubs	60 gal/member or patron
Mini golf, putt-putt	250 gal/plumbing fixture
Go-kart, motocross	250 gal/plumbing fixture
Batting cages, driving ranges	250 gal/plumbing fixture
Marinas without bathhouse	10 gal/slip
Marinas with boathouse	30 gal/slip
Video game arcades, pool halls	250 gal/plumbing fixtures
Stadiums, auditoriums, theaters, community  centers	5 gal/seat
Stores, shopping centers, malls and flea markets
Auto, boat recreational vehicle dealerships/ showrooms with	125 gal/plumbing fixture
Convenience stores, with food preparation	60 gal/100 sq ft
Convenience stores, without food preparation	250 gal/plumbing fixtures
Flea market	30 gal/stall
Shopping centers and malls with food service	130 gal/1,000 sq ft
Stores and shopping centers without food service	100 gal/1,000 sq ft
Transportation terminals - air, bus, train, ferry, port and dock	5 gal/passenger

 

   (K)   In calculating system development fees with respect to new development, the town will credit the value of costs in excess of the development's proportionate share of connecting facilities required to be oversized for use of others outside of the development. No credit shall be applied, however, for water or sewer capital improvements on-site or to connect new development to water or sewer facilities.

   (L)   All system development fees collected by the town shall be deposited to the town's water and/or sewer capital reserve funds and expended as provided by G.S. § 162A-211, as such may be amended from time to time.

(Ord. passed 6-19-2018; Ord. passed 7-17-2018; Ord. passed - - ; Ord. passed 11-8-2023)

§ 50.114 CUSTOMER’S AND ADJUNCT CUSTOMER’S RESPONSIBILITIES.

   (A)   Every customer and adjunct customer shall arrange for piping on the premises to be installed so that the connections to the town’s meter, lines or mains are conveniently located.

   (B)   When a meter is installed on the premises of a customer, the customer shall provide and maintain a suitable place to locate the meter so that it is unobstructed and accessible at all times to the meter reader.

   (C)   Every customer and adjunct customer shall furnish and maintain a private cut-off valve on the customer’s side of the meter.

   (D)   Every customer and adjunct customer shall maintain all town piping, apparatus and facilities within the customer’s control in proper condition.

   (E)   Every customer and adjunct customer shall protect any town property placed on the customer’s or adjunct customer’s property and shall only permit access to it by authorized representatives of the town.

   (F)   Every customer and adjunct customer shall provide the town’s representatives access to his or her property, as necessary for the town to maintain the town’s water and/or sewer lines, to install or remove town property, to read or test the customer’s water and/or sewer meter(s) and for any other purpose reasonably necessary for the town to efficiently provide service to the customer and adjunct customer, and to maintain and protect its system.

   (G)   If so requested, every customer and adjunct customer shall grant or convey to the town a perpetual easement and right-of-way across the customer’s property wherever the perpetual easement and right-of-way is reasonably needed by the town to effectively furnish and maintain service to the customer. The refusal of a customer, adjunct customer, or applicant for service as either to grant or convey the town an easement is a basis for denying or discontinuing service to a customer or adjunct customer .

   (H)   The customer is responsible for keeping the town informed at all times of the customer’s current billing address. An adjunct customer must likewise provide the town with a contact address and telephone number, and must keep such information current.

   (I)   In the event that any loss or damage to the property of the town is caused by the customer, adjunct customer, their invitees, agents or employees, or in the event the negligence or any wrongful act by the customer, adjunct customer, their invitees agents or employees results in any accident or injury to persons or property for which the town is held responsible, the customer must pay the cost of the necessary repairs or replacements to the town; and the customer shall assume any liability otherwise resulting from the customer’s or adjunct customer’s wrongful actions or omissions. The actual amount of such loss or damage and/or the actual cost to the town of repairs shall be added to the customer’s bill; and if not timely paid, service to the customer and any adjunct customer may be discontinued by the town.

   (J)   By applying for and accepting service from the town, the customer and adjunct customer agree to hold the town harmless from liability for any damages that may occur due to a temporary discontinuance or interruption of service by the town for emergency reasons, whether or not the customer or adjunct customer receives prior notification of the discontinuance or interruption.

(Ord. passed 6-21-2011; Ord. passed 7-17-2012)

§ 50.115 METER READING; BILLING; COLLECTING.

   (A)   Meters will be read, weather and other considerations permitting and bills shall be rendered monthly, but the town reserves the right to vary the dates or length of the period between meter readings and covered in the customer’s bill.

   (B)   Charges for water and sewer will be figured in accordance with the town’s published rate schedule then in effect, in § 50.460, based on the amount of water consumed or estimated and actual or estimated sewer use for the period covered by the meter readings.

   (C)   Charges for service commence when the meter is installed and the connection made, whether any water is immediately used or not.

   (D)   A separate bill, including appropriate base charges, will be issued for each separate meter even if more than one meter is in the same customer’s name.

   (E)   Bills are due when rendered and become delinquent 20 days following the date of the bill. Bills not paid prior to the delinquent date are subject to the late fee currently in effect and subject the customer and any adjunct customer to an immediate termination of service.

   (F)   A claimed failure to receive a bill does not prevent a bill from becoming delinquent or relieve the customer from timely payment, late charges or the other town remedies contained in this subchapter.

   (G)   At the request of a customer and deposit of the actual cost of testing, the town will test a customer’s meter. If the meter is found to register use more than 10% higher than the correct volume, no charge for the testing will be made and the customer’s deposit for the test will be refunded. If testing indicates that the meter registers use within 10% higher of the actual use or less, the deposit shall be retained.

   (H)   If the seal of a meter is broken, other than by the town’s representative, or if the meter fails to register correctly or is stopped for any cause, the customer shall be required to pay a bill for each period for which no reliable meter reading was made in an amount estimated from the record of the customer’s previous 12 bills for which use was reliably measured, if available, and/or from other appropriate data.

(Ord. passed 6-21-2011; Ord. passed 7-17-2012)

§ 50.116 INVOLUNTARY DISCONTINUANCE OF SERVICE.

   (A)   The town reserves the right to discontinue or interrupt service temporarily to make emergency repairs, due to an insufficient supply of water or treatment capacity or due to any other cause which threatens the safe and effective delivery of service to the town’s customers. In that event, the town will make a good faith effort, as practical, to notify affected customers before service is discontinued or interrupted. A customer has the responsibility to notify adjunct customers using the customer’s meter of such discontinuation or interruption.

   (B)   The town will discontinue residential service in which the water and/or sewer bill is delinquent. The town may lock or remove the meter any time service is discontinued.

   (C)   The town will discontinue service to any commercial establishment, unit or property in which the water and sewer bill is delinquent. The town may lock or remove the meter any time service is discontinued.

   (D)   In addition to discontinuance of service for non-payment, the town may suspend service to prevent fraud or abuse by a customer or adjunct customer or for any violation by the customer or adjunct customer to comply with the provisions of this code.

   (E)   The town reserves the right, upon action by the Town Council, to discontinue its water and/or sewer service to any customer whose property is outside the corporate limits of the town, upon giving a minimum 60-day written notice of its intent to terminate water and/or sewer service.

   (F)   Upon discontinuance of service for non-payment, any deposit made by the customer or adjunct customer on the unpaid account or any other account shall be applied by the town to the account relating to the discontinued service. If the deposit on the account in question exceeds the arrearage, any surplus will be refunded to the customer or adjunct customer, whichever has made the deposit, and if there are multiple deposits, any refund shall be prorated in proportion to the relative amounts of the deposits which have been applied. If the deposit(s) is not sufficient to pay the arrearage in full, the town may proceed to collect the balance from the customer or any other user of the system in the usual way provided by law for the collection of debts. If a deposit from a second account is applied to the delinquency on an unpaid account, the customer will be required to supplement the deposit on the second account to the level required by § 50.460 in order to maintain service on the second account.

   (G)   The town shall make a good faith effort to notify affected customers before service is discontinued or interrupted as provided in division (A). However, every customer and every adjunct customer, by making application for service, agrees to hold the town harmless from liability for any damages that may occur due to discontinuance or interruption of service for any of the above mentioned causes.

(Ord. passed 6-21-2011; Ord. passed 7-17-2012)