(a) No person shall do or carry out any of the things or activities listed in subsections (a)(1)--(3) below concerning a water distribution system (hereafter "water system"), wastewater collection system (sometimes hereafter "sanitary sewer system"), or reclaimed water system, which is, or is proposed to become, a part of the town water system, wastewater collection system, or reclaimed water system, and is located within the town utility service area, as such term is defined in G.S. 143-215.1(f), unless such person shall have applied for and shall have received from the town a permit therefor and shall have complied with such conditions, if any, as are prescribed by such permit. The term "water system" shall mean and include, but shall not be limited to, water distribution lines, including required fire hydrants, valves, air release valves and manholes. The term "sanitary sewer system" shall mean and include, but shall not be limited to, sanitary sewer lines, manholes, wastewater pumping stations, and force mains, including required valves, air release valves and cleanouts located in the public rights-of-way. The term "reclaimed water system" shall mean and include, but shall not be limited to, reclaimed water lines, including required valves, air release valves, and manholes. Activities prohibited without a permit shall be as follows:
(1) Construct or operate any water system, sanitary sewer system, or reclaimed water system;
(2) Alter, extend, or change the construction or method of operation of any existing or proposed water, sanitary sewer system, or reclaimed water system; or
(3) Enter into a contract for the construction and installation of any water system, sanitary sewer system, or reclaimed water system, or for the alteration or extension of such a system.
(b) Any person proposing to undertake any thing or activity described in subsection (a) of this section shall make timely and proper application on such form(s) as may be prescribed by the director of utilities, or his or her designee, (hereafter "director") and provide such information as may be required by the director. A copy of all applications for permits subject to this section and of all approved permits and plans shall be provided to the state department of environmental quality (DEQ) pursuant to applicable law.
(c) All water systems, sanitary sewer systems, or reclaimed water systems proposed for connection to the town water system, sanitary sewer system, or reclaimed water system and all proposed modifications to any existing portion of the town water system, sanitary sewer system, or reclaimed water system shall be designed, constructed and installed in conformance with applicable provisions of the then current town standard specifications and details manual (hereafter "town standards") and any other town rules, policies and procedures (hereafter "town requirements"). Any engineering plans, specifications and profiles submitted by applicants for water systems, sanitary sewer systems, or reclaimed water systems, and modifications shall be prepared by or under the direct supervision of an engineer licensed to practice in the state, shall bear the seal of such engineer, and shall be subject to approval by the director. Such plans, specifications and profiles shall be prepared at the expense of the applicant. The director shall maintain a copy of the current town standards and town requirements for public inspection.
(d) The denial of an application for a permit, subject to the provisions of this section, shall be made in writing and shall contain each reason for the denial and the town's estimate of the changes in the applicant's proposed activities or plan which will be required in order that the applicant may obtain a permit. Nothing in such estimate shall preclude or otherwise bar the town from denying a permit which incorporates such changes, based upon changed circumstances or information not previously known by the town.
(Code 1982, § 19-25; Ord. No. 95-021, 6-22-1995; Ord. No. 04-010, § 19-25, 9-9-2004; Ord. No. 2019-Code-04, 10-10-2019)