§ 50.17  METHOD OF PAYING FOR EXTENSIONS WITHIN CORPORATE LIMITS.
   (A)   Extensions to approved subdivisions or developed property.
      (1)   When application is received requesting the extension of water or sanitary sewer service or both to serve property within the corporate limits which is developed or has been previously approved as a subdivision, or where streets have previously been dedicated and accepted by the town, and where such area is not part of a new subdivision which has not been approved by the town, the Town Engineer or other person designated by the Town Council shall estimate the cost of the project and present the application for such extension, the estimated cost and other required information to the Town Council and subject to approval by Town Council and the receipt of funds for the extensions, the town will install or have installed by contract under its supervision the extensions which have been approved, and such extension shall be paid for in accordance with this division.
      (2)   Prior to the beginning of any construction, the property owner or owners shall advance to the town funds in an amount equal to 100% of the total estimated cost of the proposed extensions. Upon receipt of such funds, a written contract shall be entered into by and between the town and the property owner or owners, under which the town will use such funds upon the following terms and conditions:
         (a)   The funds shall be deposited in a special account of the town for which a separate accounting will be made.
         (b)   At the time construction of the extension is completed and the total cost thereof is determined, if the amount deposited exceeds the total cost, that portion in excess of the amount deposited will be refunded to the owner or owners without interest. If the amount deposited is less than 100% of the total cost, the owner or owners shall pay such additional amount to the town and this condition shall be a part of the written contract. The total cost is to include all engineering, legal, inspections, rights of way, insurance, and all other costs of the extensions.
         (c)   No refund or reimbursement of funds shall be made to the owner or owners who pay the total cost of extension under the requirements of this division (A) except as provided for in division (b) above.
   (B)   Extensions to proposed developments or subdivision.
      (1)   When an application is received requesting the extension of water or sanitary sewer service or both to proposed developments or subdivisions within the corporate limits which have not been approved by the Town Council, the Town Engineer or other person designated by the Town Council shall estimate the cost of the project and present the application for such extension, the estimated cost and other required information to the Town Council for their approval. If the application is approved and subject to the approval of the development or subdivision of the town, and subject to approval by Town Council and the receipt of funds for the extension, the town will install or have installed by contract under its supervision such extensions which shall be paid for in accordance with this subsection.
      (2)   Prior to the beginning of any construction, the property owner or owners shall advance to the town funds in an amount equal to 100% of the total estimated cost of the proposed extensions. Upon receipt of such funds, a written contract shall be entered into by and between the town and the property owner or owners, under which the town will use such funds upon the following terms and conditions:
         (a)   The funds shall be deposited in a special account of the town for which a separate accounting will be made.
         (b)   At the time construction of the extension is completed and the total cost thereof is determined, if the amount deposited exceeds the total cost, that portion in excess of the amount deposited will be refunded to the owner or owners without interest. If the amount deposited is less than 100% of the total cost, the owner or owners shall pay such additional amount to the town and this condition shall be a part of the written contract. The total cost is to include all engineering, legal, inspections, rights-of- way, insurance, and all other costs of the extension.
         (c)   No refund or reimbursement of funds shall be made to the owner or owners who pay the total cost of extension under the requirements of this division (B) except as provided for in subsection (b) above.
   (C)   Exceptions authorized.
      (1)   Nothing in this subchapter shall prevent the Town Council from extending water or sanitary sewer mains or both within the corporate limits on their own motion without receipt of an application from property owners, and to assess the cost of such extensions in accordance with authority granted to the town by G.S. §§ 160A-216 through 260A-238 and related statutes when, in the opinion of the Town Council, the general public interest demands such extension of service.
      (2)   Any charges provided in this chapter shall be in addition to established charges, such as tap fees and routine service, customarily imposed by the Town Council.
(Ord., passed 9-9-85)