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It is the intent and purpose of this article to provide an orderly method whereby the water and sewerage systems of the city may be extended by individuals, corporations, subdividers and others and to authorize the provision of water and sewer utility outside the corporate limits of the city under specified circumstances with the approval of the City Council. It is the further intent of this article to ensure that the city’s utility infrastructure is efficient and that it operates in the best interests of the city and its residents.
(1989 Code, § 16-211) (Am. Ord. passed 9-19-06)
(A) Except under certain conditions the city will provide water and sewer utility services only to properties within the corporate limits of the city and will only allow the extension of such lines to serve properties that are within the corporate limits of the city. No water or sewer service shall be provided to any property outside the corporate limits of the city unless the owner of the property petitions for voluntary annexation and the City Council approves that annexation prior to the receipt of water and or sewer services, or the City Council approves an exception to this section.
(B) A property owner may be permitted to connect onto an existing city water and or sewer line when annexation of the site is judged by the City Council to be premature and when the following conditions are met:
(1) All plumbing fixtures and facilities shall be in compliance with the appropriate building codes and or County Health Department regulations.
(2) All owners must execute a written agreement with the city committing to submit a voluntary annexation upon request by the city.
(3) The City Council may approve the provision of water and sewer utility services to serve other jurisdictions, government entities or private utilities.
(4) Any property that is outside the city limits and is already served by city water and or sewer shall be deemed exempt from these provisions. However, no further extensions or increases may be made on affected property without permission from the city.
(C) Prior to a property authorized by the City Council as an exception to this section receiving water and or sewer services all owners must execute an agreement with the city. This document shall be recorded in the Office of the Register of Deeds of Rockingham County. In such agreement and in return for water and or sewer service, the property owners shall declare and agree that as long as the property remains outside the corporate limits the property shall be subject to the following conditions:
(1) The property shall be subject to the city’s outside water and or sewer rate schedule.
(2) That the property shall not be further divided or subdivided to create more lots or principal building sites.
(3) That the property owner or their successors and assigns, upon sufficient notice of by the city, shall execute all documents required to accomplish voluntary annexation.
(4) That if following such notice, the owner fails to execute the documents to accomplish voluntary annexation, then the city shall terminate the water and or sewer service to the property.
(5) The owner shall not oppose or support opposition to an annexation initiated by the city that includes any or all of the property to which water and or sewer service was provided by the city.
(Ord. passed 9-19-06)
After approval of the plans for the extension of waterlines and sewer lines by the City Manager, permission for extension may be granted by the City Manager, provided that the person receiving permission shall agree in writing that:
(A) He or she shall obtain and grant to the city, at no cost to the city, all necessary easements or rights of way of such widths as the city may require;
(B) He or she shall bear all the expense of constructing the water or sewer mains and of connecting them with the water or sewerage system of the city, and such mains shall be of such size as may be required and shall be laid in accordance with specifications approved by the city. Such person shall provide the city with lien waivers as evidence that such waterlines or sewer lines or both are free and clear of any claims for labor and materials used in the construction of such lines;
(C) The work shall be done under the supervision and control of the city;
(D) The city shall be saved harmless from all loss, cost, damage, liability or expense by reason of any injury to any person or property as a result of the construction of such mains. Such person shall provide the city with evidence of liability insurance insuring the city against claims for personal injury or death with limits of not less than $100,000 for death or injury to any one person and $300,000 for such damages as a result of any one occurrence or casualty, and insuring the city against claims for property damage for each occurrence or casualty with limits of not less than $25,000. Evidence of such insurance shall be provided to the city prior to commencement of construction; and
(E) The mains, when complete, shall become the absolute property of the city and subject to its control.
(1989 Code, § 16-212) Penalty, see § 15-215
The person desiring to extend waterlines or sanitary sewer lines shall submit plans, profiles and specifications to the City Manager prior to entering into contract or commencing construction. Detailed sketches for waterline construction may be accepted for the extension of waterlines. Sanitary sewer line plans, profiles and specifications shall be made by an engineer.
(1989 Code, § 16-213) Penalty, see § 15-215
Prior to connection of waterlines or sewer line extensions to the city systems, such person shall present to the city:
(A) Recorded easements or rights of way for all portions of such lines that are installed on private or public property other than property or easements already belonging to the city;
(B) Properly executed lien waivers for all labor and materials used in the construction of such line;
(C) A properly executed and recorded deed conveying the line to the city free and clear of all encumbrances, together with a certificate of title certifying that the deed vests such title in the city;
(D) Each single family residential structure shall have a waterline and a sewer line which shall extend from the single family residence to the water distribution system and the sewerage collection system of the city. No other waterline or sewer line shall be connected to the aforesaid lines between the single family residential structure and the water distribution and sewerage collection system of the city.
(1989 Code, § 16-214) (Ord. passed 10-19-82) Penalty, see § 15-215
(A) It shall be unlawful for any person to make any unauthorized connection of a waterline or a sewer line to the city system.
(B) The violation of any provision of this article shall be a misdemeanor punishable by a fine of $50 and imprisonment of up to 30 days. The existence of this penalty is exclusive of civil remedies for enforcement as otherwise provided by law.
(1989 Code, § 16-215)
(A) The City Council shall retain the right and may enter into a cooperative agreement for the extension of waterlines only six inches and larger within the city limits.
(B) The City Council shall retain the right to require the installation of lines larger than six inches and larger than required for a development. The city shall pay the difference in cost of material only.
(1989 Code, § 16-216)
The development, improvement and expansion of property in the city is to be encouraged where such development, expansion and improvement will result in an increase in revenue to the city by virtue of increased real property taxes attributed to such property. When the City Council deems a project presented to be in the public interest the city may participate in the costs associated with the extension of water and sewer facilities to serve such projects within the corporate limits of the city. The participation by the city shall include all portions of the project that would be the property of the city.
(Ord. passed 8-22-94)
The city will receive applications for water and sewer extension from property owners or their agents upon the following terms and conditions.
(A) The development or improvements, when completed, must have an actual or proposed value sufficient for the city to realize increased revenue from real property taxes attributable to such development or improvement equal to or greater than the amount determinable under paragraph (B) of this section.
(B) The revenue attributable to the increased real property taxes must be sufficient for the city to recover an amount equal to or exceeding the following.
(1) Residential. The city will participate in an amount equal to 50% of the total cost of extension of water and or sewer services for the project. The city shall realize receipt of additional real property taxes in an amount sufficient to cover the city’s participation within five consecutive calendar years from the first day of January next succeeding the date of substantial completion of the development on the site. This shall apply only to development projects of ten or more residential units.
(2) Commercial. The city will participate in an amount equal to 75% of the total cost of extension of water and or sewer services for the project. The city shall realize receipt of additional real property taxes in an amount sufficient to cover the city’s participation within five consecutive calendar years from the first day of January next succeeding the date of substantial completion of the development on the site.
(3) Industrial. The city will participate in an amount equal to 100% of the total cost of extension of water and or sewer services for the project. The city shall realize receipt of additional real property taxes in an amount sufficient to cover the city’s participation within five consecutive calendar years from the first day of January next succeeding the date of substantial completion of the development on the site.
(C) The application must contain the owner’s representation of the estimated increase in the value of the subject property resulting from the development and the estimated date of substantial completion of construction as well as such other information as may be reasonably requested by the city.
(D) The applicant shall pay the difference between the cost of the extension of services and the percentage that will be paid by the city based upon the formulas set forth in § 15-219(B) of this code. The tax rate for the then current fiscal year of the city shall be used in the computation of estimated additional real property tax revenues for the specified period of years. The difference shall be paid by the applicant prior to the extension of the water and sewer lines or the awarding of contracts for such extension.
(E) The method of calculation of the increase in real property taxes on the property shall be as follows:
(1) A calculation shall be made for the real property taxes that would have been ordinarily assessed and collected on the property had it remained unimproved during the number of years specified in § 15-219(B). The value of the unimproved property for this calculation shall be the value of the real property for Rockingham County real property tax purposes for the year the project commences as determined on January 1 of such year. The total amount of taxes that would have been collected had the property remained unimproved shall be calculated by applying the then current tax rate to the value of the unimproved property as of January 1 of the year the project commences and multiplying the resulting amount by the appropriate number of years as specified in § 15-219(B).
(2) A calculation shall be made of the real property taxes that will be assessed and collected on the improved property during the required number of years based upon the applicant’s estimate pursuant to § 15-219(C).
(3) Adjustment to the sum paid prior to the commencement of the project or awarding of contracts for such project pursuant to § 15-219(D) shall be made as follows: In the event the added tax value to the property is determined by the County Tax Department to be less than the applicant’s estimate, the applicant shall be liable to the city for the difference between the total of real property taxes that would been payable to the city over the specified number of years and the actual taxes that would be collected based on the county’s evaluation. The applicant shall pay the difference to the city, if any, within the 60 day period immediately following the date the County Tax Department determines the assessment valuation of such improvements. In the event such payment is not received within the 60 day period, the city shall proceed with all remedies available to it under state law for collection.
(Ord. passed 8-22-94)
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