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(A) Services may be discontinued at the request of the consumer, provided the consumer pays all current balances. When services are discontinued and all bills paid, the deposit will be refunded in accordance with this chapter.
(B) Services may also be discontinued by HRW to any customer whose account remains delinquent for more than ten days. The deposit will be applied by HRW toward settlement of the account. Any balance will be refunded to the consumer; but if the deposit is not sufficient to cover the bill, HRW may proceed to collect the balance in the usual way provided by law for the collection of debts.
(C) Property owners may have a service discontinued for rental property in the event that the rental unit is vacant for a period not to exceed 12 months. If the rental property is still vacant after 12 months from the original suspension date, the property owner will begin to receive minimum bills for that location to include the account setup of $15.
(D) Service discontinued for non-payment of bills will be restored, at the request of the consumer, only after bills are paid in full, and a service charge of $40 paid for each meter reconnected except as set forth hereafter. The consumer being reconnected must also make the required deposit. The consumer may elect to pay an additional service fee of $50 to expedite the reconnection process. The payment of this fee will guarantee the reestablishment of water service to the consumer on the same day the account is paid in full.
(E) After a connection has been discontinued for a period of 12 consecutive months HRW may remove the meter base, meter, curb stop valve, meter box and service line for use elsewhere or for storage.
(F) At any time after a connection has been discontinued an additional service charge equal to the then current tap-on-fee shall be paid as a reconnection fee. Also the consumer must make the required deposit.
(G) HRW reserves the right to discontinue its service without notice for the following additional reasons:
(1) To prevent fraud or abuse;
(2) Consumers willful disregard for HRW's rules and ordinances;
(3) Emergency repairs;
(4) Insufficiency of supply due to circumstances beyond HRW's control;
(5) Legal processes;
(6) Direction of public authorities; and/or
(7) Strike, riot, fire, flood, accident, or any unavoidable cause.
(H) HRW may, in addition to prosecution by law, permanently refuse service to any consumer who tampers with a meter or other measuring device.
(I) HRW gave a privilege for early connection to the water system to every property owner or resident as the water mains were installed. From time to time, HRW may give privileges for connections at reduced amounts in order to encourage additional hookups to increase revenue. Any consumer who takes advantage of a reduced connection will be responsible for paying at least the minimum monthly water bill whether or not water is actually used until such time as the reduced connection fee charged plus all monthly water bills charged equal the then current charge for tap-on connection. The consumer shall remain liable for at least the minimum monthly bill thereafter until he has notified HRW in accordance with other provisions of this chapter that he desires to stop his service.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020)
(A) If the consumer believes his bill to be in error, he shall present his claim, in person, at HRW before the bill becomes delinquent. Such claim, if made after the bill has become delinquent, shall not be effective in preventing discontinuance of service as heretofore provided. The consumer may pay such bill under protest, and said payment shall not prejudice his claim.
(B) HRW will make special meter readings at the request of the consumer for a fee of $25; provided, however, that if such special reading discloses that the meter was over read, or in error in any way, the fee will be refunded.
(C) Meters will be tested at the request of the consumer upon payment to HRW of the actual cost to HRW of making the test provided, however, if the meter is found to over register or under register beyond 2.5% of the correct volume, no charge will be made.
(D) If the seal of the meter is broken by other than HRW's representative, or if the meter fails to register correctly, or is stopped for any cause, the consumer shall pay an amount estimated from the record of his previous bills and/or from other proper data.
(E) No modification of rates or any of the stipulations in this chapter shall be made by any employee of HRW.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020)
The following classifications, rates, fees, and charges are adopted.
(A) Classification of service. All services are classified under three categories to include residential, commercial, or bulk municipal users. A residential service is a service requiring a meter size up to and including one inch. A commercial service is a service requiring a meter size greater than one inch up to and including two inches. A bulk municipal service is a service requiring a meter size greater than two inches, where the user is a municipality and/or other public body.
(B) Rate schedule.
(1) Residential:
Water Schedule | Monthly |
Flat rate, first 2,000 gallons (minimum) | $20 |
All water used over 2,000 gallons | $5.50 per 1,000 gallons |
Sewer Schedule | Monthly |
Flat rate, no gallons | $15 |
Commodity charge | $6 per 1,000 gallons |
Flat sewer rate, one-person household | $40 |
Flat sewer rate, two or more in household | $45 |
(2) Commercial:
Water Schedule | Monthly |
Flat rate, first 2,000 gallons (minimum) | $27 |
All water used over 2,000 gallons | $5.50 per 1,000 gallons |
Sewer Schedule | Monthly |
Flat rate, no gallons | $40 |
Commodity charge | $6 per 1,000 gallons |
Flat sewer rate, institutional, no gallons | $250 minimum |
Commodity charge | $6 per 1,000 gallons |
(3) Bulk municipal:
(a) Water. $2.60 for each 1,000 gallons used. Where bulk municipal connections exist, HRW may require that the water purchaser guarantee a minimum usage allocation and payment for the same, whether used or not.
(b) Water - capacity owners. $2.05 for each 1,000 gallons used. Bulk municipal rates may differ depending upon the purchase of capacity in county owned production facilities and/or other extenuating circumstances deemed by HRW.
(c) Water- Woodlake. $2.77 for each 1,000 gallons used.
(d) Sewer. $2.30 for each 1,000 gallons treated.
(e) Energy charges.
1. $0.25 for each 1,000 gallons of water used.
2. Note: Energy charges may differ depending upon the number of pumps required for delivery.
(C) Tap-on fees.
(1) Water services:
Water Services
| |
2-inch connection | $2,500 |
1-inch connection | $1,500 |
3/4-inch connection | $800 |
3/4-inch connection | $200 for new District or HRW-funded extension |
(2) Sewer services:
Sewer Services
| |
4-inch gravity connection | $1,000 |
6-inch gravity connection | $1,500 |
8-inch gravity connection | $2,500 |
Step tank | $2,000 |
Larger connections and/or road bores, including those for bulk municipal connections, shall be negotiated as may be appropriate. |
(D) Hydrant meter charges.
Services Charges
3/4 inch hydrant meter $250 refundable deposit
$5/day or $140/month rental rate
$1,200/yearly rate (must be paid up front)
$6/1,000 gallons
3 inch hydrant meter $500 refundable deposit
$10/day or $280/month rental rate
$2,500/yearly rental rate (must be paid up front)
$6/1,000 gallons
(E) Septage hauler waste fee.
Services | Charges |
Basic facilities charge | $20 per truckload |
Usage charge | $85 per 1,000 gallons |
This service is available only to those applicants having obtained prior written approval from the HRW Wastewater Division. Waste from septic tanks and portable toilets shall be accepted if it fully conforms with Chapter 52 of this code. |
(F) Rates for persons living outside the district. Rates for persons living outside of Harnett County and served by HRW water lines owned or operated by HRW or a district shall be equal to rates for persons living inside Harnett County so long as no tax is levied within Harnett County for support of the system; if a tax is levied on users inside Harnett County for the purpose of supporting the water system, then the users outside Harnett County shall pay an increased rate.
(G) Water and sewer system development fees.
(1) System development fees are a charge or assessment for service imposed 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. The term includes amortized charges, lump-sum charges, and any other fee that functions as described by this definition regardless of terminology.
(2) These charges are reasonable and necessary and result in a more equitable and economically efficient method of recovery of such costs to handle new growth and to serve new customers without placing an additional financial burden on existing customers solely through inordinate enhancement of water and sewer rates. A water system development fee of $2,000 and a sewer system development fee of $2,500 per connection, lot, and/or unit will be charged for all new water and/or sewer services connecting to any water supply or distribution system and/or sewer collection system owned and/or operated by HRW. Determination of water and sewer system fees were accomplished per a system development fee analysis that met the requirements of G.S. § 162A-205 and is posted on HRW's website for review. New commercial/industrial system development fees will be accomplished through the method of equivalent residential unit using the estimated water and sewer usage needed for the development. These system development fees shall be paid to HRW per G.S. § 162A-213 in the manner set forth below: The system development fee for new land subdivision development shall be payable at the time of application for a building permit. In instances of any other new development to include commercial/industrial developments, the full balance of these fees shall be due at the time of application for connection of the individual unit of development or when HRW commits to provide water and/or sewer service to the development, whichever occurs sooner.
(3) In instances where separate agreements are established for land subdivisions that exceed 200 lots, as described in § 51.55(B), these fees will be paid at the time of execution of the agreement and held in escrow until such time as the balance of said fees are drawn down when individual building permits are issued within the development. The fees held in escrow will always be drawn down prior to any individual payments for lots at the time of application for a building permit. If the rate of said fees established by the Harnett County Board of Commissioners increase or decrease while still in escrow then any material difference must be paid or likewise credited to the escrow when the building permit is issued. If for any reason HRW rescinds the capacity allocation, as described in § 51.55(B) then all remaining fees for lots without building permits issued still held in escrow will be refunded to the payee.
(H) Plan review fees. Plan review fees for extensions of HRW's water and sewer systems shall consist of a $250 preliminary plan review for all projects and a $40 per lot and/or residential equivalent unit for all types of development. These fees cover plan review, on-site inspections, and one-year warranty inspections.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020; Ord. 2021-9, passed 10-26-2021)
In the event that HRW desires to connect its water distribution system to previously existing systems, all such systems must have the approval of the Division of Health Services, of the North Carolina Department of Human Resources before such connection may take place and all previously existing sources of water must be completely abandoned and rendered incapable of future water production.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020; Ord. 2021-9, passed 10-26-2021)
(A) Application for full service and retrofitted sprinkler connections shall be made in person at HRW. Forms to be used in application processing shall be administratively prepared and matters otherwise associated with service application shall be processed pursuant to, and in accordance with, the rules, regulations, policies, and/or procedures applicable to the service district within which the premises to be served is located.
(B) The same schedule of connection or tap-on fees applicable in the service district within which the premises to be served is located shall apply with respect to full service sprinkler connections.
(C) The following schedule of connection or tap-on fees shall apply in all service districts to the retrofitted sprinkler connection:
Connection
|
Fee
|
2-inch connection | $1,600 |
1-1/2-inch connection | $700 |
1-inch connection | $450 |
3/4-inch connection | $300 |
(D) The same schedule of rates, including the monthly minimum charge, applicable in the service district within which the premises to be served is located shall apply with respect to full service sprinkler connections. No sewer charges shall be made to the consumer based upon the water consumption of the full service sprinkler connection.
(E) The same schedule of rates applicable in the service district within which the premises to be served is located shall apply with respect to retrofitted sprinkler connections. No monthly minimum charge will be made except during those months when the connection has been used. No sewer charges shall be made to the consumer based upon the water consumption of the retrofitted sprinkler connection.
(F) Except as specifically provided in this section, all of the other rules, regulations, policies, and/or procedures applicable to the service district within which the premises to be served is located shall be applicable with respect to full service and retrofitted sprinkler connections.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020)
(A) Any person desiring to connect to a water supply and distribution system owned and/or operated by HRW shall be required to install a cut-off valve of a minimum size of 3/4 of an inch onto the service line running from the meter box to the consumer's premises. This cut-off valve shall be located within 12 inches of the connection of the customer's service line to the meter box. A diagram showing a typical installation of such cut-off valve is attached to the Ordinance passed 11-16-2020, and made part of this section by reference.
(B) This section shall be enforceable in addition to the minimum requirements of the North Carolina State Building Code regarding plumbing and placement of cut-off valves.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020)
EXTENSIONS
The basic conditions under which water and sewer extensions are required in HRW's jurisdiction are described in § 153.155 of this code. HRW reserves the right to provide or not provide water and sewer extensions depending upon the availability of water and sewer capacity. The responsibility for extending water and sewer mains to and within new subdivisions or within other new developments lies with the subdivider or developer, although HRW may in its discretion contract with the subdivider or developer to install such water or sewer lines with HRW personnel.
(A) Water and sewer plan requirements. If a water distribution or sewer collection system is to be installed in a subdivision in HRW's jurisdiction, and the system is to be assumed and maintained by HRW immediately upon completion of installation, a complete set of construction plans must be provided for the proposed system. The plans shall be prepared by a North Carolina Licensed Professional Engineer serving as the engineer of record for the development and shall have their seal and signature with the date on each plan. Water and sewer plans shall include a determination of the estimated water and sewer capacity needed to serve the development based on NCDEQ design standards and shall consist of an overall composite plan, large scale individual plans with profiles as needed, detail sheets, grading plans, erosion control plans, specifications, and calculations. Plans must also be submitted in electronic formats to include Computer Aided Design (CAD) and/or Portable Document Format (PDF). Plans will provide for the construction of water infrastructure from the point of connection with existing HRW water mains to the meter boxes of the properties to be served, and for sewer infrastructure from the sewer clean out to the connection with existing HRW sewer mains. The plans must conform to HRW specifications, North Carolina Administrative Code Title 15A Subchapter 2T, Waste Not Discharged to Surface Waters, and to Title 15A Subchapter 18C, Rules Governing Public Water Systems. The engineer shall provide sealed as-built plans and location maps for all valves and hydrant locations upon construction completion.
(B) Capacity allocation determination. HRW reserves the right to impose minimum and/or maximum lot counts for each proposed phase within a new land subdivision development to help adequately determine future water and/or sewer capacity allocations and to prohibit excessive review and administrative overhead. Minimum lot counts will be determined on a case by case basis depending upon the development. Land subdivision developments are limited to a maximum of 200 lots or residential equivalent lots. Land subdivision developments that consist of lots greater than 200 can request an additional water and/or sewer capacity allocation of up to 200 lots for a maximum of 400 lots per development. This request requires a separate agreement with different requirements for payment of water and sewer system development fees as outlined in § 51.38(G)(3). All water and/or sewer improvements within approved phases must be constructed and lots within approved phases must be recorded within two years of receipt of the authorization to construct permit from HRW/NCDEQ. If a minimum of 50% of its planned building permits are not issued within four years from the receipt of the authorization to construct permit from HRW/NCDEQ, HRW reserves the right to rescind the unused amount of capacity for future use and begin the review process again in earnest to include updated plans and construction drawings from the engineer of record for the development. Supplementary phase construction requests of a maximum of 200 lots of the same land subdivision development will be reviewed but not permitted for construction until the above described conditions are met.
(C) Shop drawing review. The developer's engineer of record will review all shop drawings for conformance with HRW specifications prior to submittal to HRW. The shop drawing submittal to HRW shall include a cover letter by the developer's engineer of record certifying conformance with HRW specifications and summarizing any exceptions or concerns relative to approved drawings and/or HRW standards.
(D) Conformance, and inspection/oversight. Improvements shall be installed in accordance with the established specifications, and other applicable policies of HRW. Contractor shall conform to all applicable local, state, and federal regulations. No field changes to the plans are allowed without prior written approval from HRW. The developer shall, at his expense, retain the services of the engineer of record for the purposes of providing necessary inspections and supervision of the construction work, record drawings, and engineer certifications. The engineer is responsible to insure that construction is, at all times, in compliance with accepted sanitary engineering practices and the approved plans and specifications. A copy of each engineer's field report is to be submitted to HRW as each such inspection is made. Water and sewer infrastructure must pass all tests as required by HRW specifications and those of all applicable regulatory agencies. These tests include, but are not limited to, air test, vacuum test, mandrel test, visual test, pressure test, bacteriological test, and the like. A HRW inspector must be present during testing. All test results must be submitted to HRW. All tests must be satisfied prior to final inspection. Following completion of construction of all water and sewer infrastructure delineated in the approved water and sewer plans, a final inspection must be requested in writing by the developer or developer's engineer. The developer's engineer and HRW inspector shall prepare a written punch list of any defects or deficiencies noted during this inspection, should any exist. Upon completion of the punch list, the developer's engineer will schedule another inspection. In the event the number of inspections performed by HRW exceeds two, additional fees may be assessed to the developer.
(E) Off-site and over-sizing of infrastructure. For developments that are not adjacent to water and sewer infrastructure of sufficient size and capacity to meet the needs of the proposed development, the developer shall be responsible at their sole expense for the design and construction of any and all improvements to the HRW system deemed necessary to meet the service requirements of the development. The developer shall incorporate the off-site improvements in the water and sewer plans submitted for the proposed development. These improvements shall be consistent with the HRW Utility Master Plans and conform to the requirements of this policy. The developer may be required as a condition of approval of this development to install either on-site or off-site improvements of a greater capacity than required to serve their development in order for HRW to serve future developments or to meet other service needs of HRW. If this is the case, HRW shall reimburse the developer for any additional costs incurred as a result of installing such oversized lines. Under no circumstances will HRW reimburse the developer for any additional costs associated with the installation of mains equal to or less than eight inches in diameter for water and 12 inches in diameter for sewer as these sizes would be below or equal to the standard size mains utilized by the HRW.
(F) Easements for future water and sewer lines. The developer shall secure the services of a professional engineer to design the system in accordance with HRW specifications. HRW desires to develop its water and sewer infrastructure in an orderly manner that minimizes energy consumption and makes the most efficient use of existing and proposed infrastructure. To accomplish this, the developer may be required as a condition of approval of their development to dedicate easements with the boundaries of the development to HRW for placement of future water and sewer infrastructure. The developer shall incorporate the requested easements in the water and sewer plans submitted for the proposed development. Water and/or wastewater infrastructure proposed for acceptance and ownership by HRW must be in a dedicated utility right-of-way/easements or public right-of-way/easements. The cost associated with the acquisition of any easement or right-of-way contract for extensions of water and/or sewer mains over privately owned lands will be solely borne by the developer. HRW also prefers that the developer acquire these rights-of-way privately if at all possible. Further explanation of HRW's participation in easement acquisition for private development is explained in § 51.56 of this chapter.
(G) Transfer of title. The developer shall transfer to HRW title to all water distribution and sewage collection systems installed by developer's contractor. Such conveyance is to take effect without further action upon the acceptance of HRW of said installation. As further evidence of said transfer of title, upon completion of the said installation and prior to the rendering of service by HRW, the developer shall, without cost to HRW:
(1) Convey at no cost to HRW, its successors or assigns by good and sufficient easement deed or dedication in right-of-way in a form satisfactory to HRW a perpetual right, easement, and privilege to operate, maintain, and repair or replace all water and wastewater mains, pipes, connections, pumps, and meters within granted easements upon developer's property in connection with supplying water and wastewater service to the inhabitants, occupants, and customers in developer's property and secure from each mortgagee and lien or a release of mortgages' and lienors' interest in the easement and fixtures thereon for so long as the easement is used for the operation, maintenance, repair, or replacement of water and wastewater mains, pipes, connections, pumps, and meters within the easements.
(2) Transfer at no cost to HRW all developer's right, title and interest in and to all of the water and wastewater supply lines, mains, connections pipes, valves, meters and equipment installed up to and within granted easements and right-of-way for the purpose of supplying water service and wastewater collection for the inhabitants, occupants, and customers in developer's property.
(3) Furnish HRW with an affidavit that all persons, firms, or corporations who furnished labor or materials used directly or indirectly in the prosecution of the work required to be performed by the agreement have been paid. Said affidavit shall be written in such a form as approved and accepted by HRW.
(4) Furnish HRW with a release of lien from all contractors and suppliers of materials and/or labor who might have acquired interest into the installations by the supply of materials and/or labor otherwise.
(5) Furnish HRW with all manufacturers' warranties which developer might have received or is due to receive on any part of the installations.
(6) Pay to HRW any and all applicable charges which shall be due and payable prior to connection to HRW water and/or wastewater system.
(7) Furnish HRW with a satisfactory warranty on guaranteeing all equipment and infrastructure installed pursuant to this agreement against defect in materials, and equipment of construction for a period of not less than one year from date of acceptance of same by HRW. Said warranty shall be in such a form as approved and accepted by HRW.
(H) Metering requirements. Each individual apartment, residence, unit or business, must have individual meters with the exception of existing apartment complexes, condominiums, shopping centers, mobile home parks, and residential developments where lines do not meet HRW standards. These qualifications for the use of master meters, rather than individual meters, are clearly defined in § 51.19 of this code.
(1) Meters meeting HRW specification and of appropriate size for desired application shall be furnished to the HRW at the expense of the developer and shall become the property of HRW.
(2) Each occupancy or property owner must post a security deposit and setup fee, as listed in § 51.30 of this code, prior to activation of the service.
(3) All water lines and meter services must be in a right-of-way with a minimum width of 20 feet and dedicated to HRW for the operation and maintenance of said water lines and meter services.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020; Ord. 2021-9, passed 10-26-2021) Penalty, see §
10.99
(A) Should a developer encounter problems acquiring utility right-of-way across private property for a project, he may request a meeting with the HRW Director, or his designee, to discuss gaining assistance from HRW. For eligibility of participation by HRW, the subject water or sewer line must serve a public purpose or benefit as defined in HRW's case as providing a minimum value, for residential developments, of $350,000 tax base per lot and a minimum number of 50 lots. The Director will review and make a determination as to possible eligibility for participation. If the Director determines there is a valid basis for participation, the process will be explained to the developer. Agreement to participate by the developer will result in a letter of recommendation to the Legal Services Department and the County Manager. If the Legal Services Department agrees that participation is warranted then they shall notify the developer in writing and then in conjunction with HRW meet with the developer to review his obligations. All property maps and descriptions will need to be approved by HRW and need to comply with these standards and procedures.
(1) One copy of blueprint of each map with a copy of the descriptions of the taking shall be submitted by the developer's engineering firm/surveyor for review. The map and descriptions need to be sealed by a professional surveyor.
(2) Legal will contact the developer's engineering firm/surveyor after review is completed so that review comments can be addressed.
(3) The developer's engineering firm/surveyor will have to re-submit a copy of blueprint of the corrected plans and a copy of the corrected descriptions, together with all the copies marked with corrections requests.
(4) When Legal is satisfied that all changes have been made, the developer's engineering firm/surveyor will be contacted and asked of submission of the following items:
(a) The original mylar of the plans, signed, sealed, and dated by a professional surveyor.
(b) A copy of the legal description, signed, sealed, and dated by a professional surveyor.
(c) A DXF or DWG drawing file submitted on a flash drive or through email, for all computer-generated with the drawings. This file should be on project coordinated (specifically, NAD83 coordinates). Also an ASCII points file, with the point number, coordinates, and descriptor of each point.
(5) The developer's attorney will need to prepare the required deeds and contact the county's Legal Department for the approval of the deeds.
(6) The developer or his attorney will furnish the Legal Department with a copy of the deeds after they have been recorded in the Office of the Register of Deeds of Harnett County, NC.
(7) In lieu or preparing property maps, legal descriptions, deeds and deeds of assignment, the developer may choose to have his surveyor prepare a plat of recordation. The Legal Department will still review the plats. Once the maps have been finalized they will need to be submitted to the Planning Department for their review. The developer may then have the owners sign dedications statements on the plat.
(8) In the event that the property owner denies the developer's surveyor access to the property, the surveyor shall compile the maps needed for the easements from publicly available sources and use these documents to estimate the easement square footages required. The estimated value of the easements, per square footage, based on the independent appraisal shall be multiplied by the estimated required square footage of the easement as a basis of offer. This offer may be considered as sufficient proof that a good-faith effort was made. Final settlement value will be contingent upon a survey meeting HRW's requirements as stated above.
(9) The developer shall send letters to the property owners requesting permission of site access and HRW will initiate contact with the affected property owners to alert them to the activity. Based on the approved drawings and descriptions, the developer commissions an independent appraisal of the properties. An offer shall be in writing to the property owner and sent via certified mail, return receipt requested. Upon refusal of the offer, as detailed above:
(a) HRW will schedule a meeting with the developer and the affected property owner(s) to, discuss the situation, explain the necessity for the project (for example, public good, public necessity, coordination with the long-term infrastructure development of the County), and ascertain that an offer has been made and effused.
(b) Furnish the Legal Department copies of correspondence as written documentation.
(c) If condemnation proceedings are the only option left to obtain the necessary easements, a Board of Commissioner agenda item from Harnett Regional Water Director to the County Manager must be prepared and sent and copied to the Legal Department.
(d) The Legal Department will notify the developer and the affected property owners as to the date, which the Board of Commissioners will consider the request.
(e) Board of Commissioners will decide as to whether or not to direct Legal to initiate the condemnation process of the property in question. Condemnation under this policy shall be subject to the Board of Commissioners findings of public purpose, public necessity, and approval of exercise of eminent domain.
(f) Upon the Board of Commissioners approval and prior to HRW staff starting action, the developer is to deposit with HRW twice the amount of the estimated cost of the right-of-way.
(B) The developer will have the right to have his attorney participate in the process in conjunction with HRW attorneys. If the developer elects not to, he shall furnish a waiver to HRW to that effect. Upon obtaining the right-of-way, HRW shall refund to the developer all funds over and above those required to obtain the right-of-way. In the event that condemnation becomes, and is approved by County Commissioners, the developer shall write a letter to HRW stating that he will be fully responsible for any and all cost and expenses awarded by the court in the condemnation case. For county projects, that letter will be written to the County Development Services Department. At the option of HRW, the developer may be required to deposit additional funds up to five times the amount of the estimated right-of-way value. HRW will retain these funds until completion of the judgment, at which time any remaining monies will be returned to the developer. The money on deposit with HRW will bear no interest.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020)
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