(A) The town is operating the wastewater treatment facility within the Southern Sanitary District as a public enterprise under the provisions of G.S. § 160A-311 and within a district established under provisions of G.S. § 153A-301 and as authorized by the General Assembly of North Carolina which made such service districts permissible for municipalities.
(1) There shall be no new construction, repair, modification or addition to any structure within the Southern Sanitary District boundaries without first obtaining a valid permit for such building from the Planning and Inspections Department.
(2) (a) An applicant for such permit shall first apply to the Planning Department, presenting a sketch plan in detail or a plat prepared by a registered surveyor which fully illustrates the proposed improvement, repair or modification, including distance from the Fresh Pond.
(b) Residential users located outside of the 1,200 foot area of environmental concern (AEC) shall be served by on-site septic systems as approved by the Dare County Health Department and shall not be connected to the wastewater treatment facility. New commercial users located within the Southern Sanitary District either inside or outside of the AEC will be allowed to connect to the wastewater treatment facility with available capacity.
(3) Disconnection.
(a) Existing users of the wastewater treatment facility within the Southern Sanitary District and outside of the Fresh Pond AEC will be allowed to disconnect from the wastewater treatment facility provided an improvement permit can be obtained from the Dare County Health Department and all other requirements of the town code are met.
(b) Existing users located within the Fresh Pond AEC shall not be allowed to disconnect from the wastewater treatment facility.
(4) The applicant shall then file a regular building permit application with the town under the rules and regulations then in effect. The Planning and Inspections Department shall then conduct the usual procedures for issuance of permits and issue a permit upon compliance with the rules and regulations of the town then in effect upon payment of any required fees to the town.
(B) Construction of any permitted use in the Southern Sanitary District utilizing wastewater treatment facility service from other than the town.
(1) An applicant for a building permit within the Southern Sanitary District which will not require service from the town shall follow the usual procedures for application of a permit.
(2) In addition, the applicant shall provide a copy of the usual tri-party agreement then in use by the town relating to the wastewater treatment facility provider and copies of the necessary permits, easements and plats.
(C) If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this subchapter, the Town Building Inspector, the Dare County Sanitarian or any appropriate authority may institute, in addition to any other remedies, any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation to prevent the occupancy of such building, structure or land; or prevent any illegal act, conduct business or use in or about such premises.
(D) Violation of the provisions of these regulations shall be a misdemeanor under § 10.99. Each day in which any such violation shall continue shall be deemed a separate offense. Notwithstanding the criminal penalties, the Town Building Inspector or the Dare County Sanitarian may institute a civil action against the offender, seeking enforcement by appropriate equitable remedy authorized by G.S. §§ 160A-175, as amended.
(Ord. passed - -; Am. Ord. 16-17, passed 6-11-18)