§ 153.072 SEWAGE DISPOSAL.
   (A)   Each application for site plan review shall be accompanied by plans of the proposed methods of sewage disposal with an approval or tentative approval by the appropriate county or state agencies having jurisdiction of such facilities over the land being developed. The plans submitted shall be of sufficient detail to demonstrate compliance with applicable sewage disposal regulations and to show the exact location of all subsurface facilities, including but not limited to treatment facilities, tanks, piping, laterals and disposal areas.
   (B)   Any such application shall specify the method or methods to be used and shall describe any special conditions to be met. Such methods, and the approvals required, include but are not limited to the following:
      (1)   Connection to public sewer operated by a municipality, sanitary district or other governmental agency: connection approval by an authorized officer of such system;
      (2)   Connection to community sewer operated by a responsible person, firm or corporation other than a governmental agency: connection approval by an authorized officer of such system;
      (3)   Installation of other than public or community sewer systems: design approval by the appropriate county or state agencies and the town.
   (C)   The sewer system to which connections are to be made shall be authorized as follows:
      (1)   For on-site sewer disposal systems regulated by the Dare County Health Department, approval from the Dare County Health Department is required.
      (2)   For sewage systems regulated by the North Carolina Department of Environmental Quality (NCDEQ), approval from NCDEQ and/or appropriate applications with engineering certifications satisfactory for NCDEQ permitting is required.
   (D)   Privately owned facilities treating, processing or transmitting sewage or wastewater are permitted in all zoning districts, subject to the following conditions:
      (1)   Any new private utility or privately owned facility must be a part of and located within the boundaries of a subdivision or property immediately within or adjacent to the facility or homes being serviced. The person, firm or corporation operating a sewer system for which a rate is charged shall hold a certificate of public convenience and necessity from the State Utilities Commission, and there shall be recorded with a plat of the property the written affidavit of a registered engineer, engaged in the independent practice of civil engineering, that sewer mains and laterals comply with pertinent standards of the North Carolina Department of Environmental Quality and a bond or bonds, or trust instruments, or other form of written assurance, satisfactory to the Board, assuring the continuous proper maintenance and operation of such sewer systems. Where a community sewerage system furnishing services for two or more customers within a multi-family or group development project is assessed a periodic fee by a property owners' association and a portion of that fee is used for the purpose of paying the cost and expense of operating, maintaining and repairing the community sewerage system, then all requirements of this subsection must be satisfied;
      (2)   This facility shall be used and serve only the occupants of the subdivision, multi- family development project or commercial development for which it was constructed and approved by the town;
      (3)   This section shall not be applicable to individual septic tanks.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord.17-8, passed 9-11-19; Am. Ord. 18-4, passed 6-14-21)