(A) Petition for service; assessment. Extensions of water and/or sanitary sewer service within the corporate limits of the town shall be made upon petition, as described in subsection (B) below, except in those cases described in subsection (B)(2) below, in which cases the town may order the service constructed without petition. The costs of such extension shall be specially assessed as hereinafter provided.
(B) Petition; form; requirements exceptions.
(1) A petition for extension of water and/or sewer service shall be on a form provided by the town, and shall designate by a general description the improvements proposed, and shall request that the same be made in conformance with the provisions of this article, and that such proportion of the cost of each of such improvements as may be specified in the petition be specially assessed against the property abutting on the street, or streets, or part thereof in which, or on which, such extensions are proposed to be made. The petition shall be signed by at least a majority in number of the owners, which majority must own at least a majority of all lineal feet of frontage of the lands abutting the street, or streets, or part of the street proposed to be served by the extension. For purposes of the petition, all owners of undivided interests shall be deemed and treated as one person, and such land shall be sufficiently signed for when the petition is signed by the owner, or owners, of a majority in amount of such undivided interests; provided, that for purposes of this section, the word
OWNER shall be considered to mean the owners of any life estate or of estate of inheritance, but shall not include mortgagees, trustees of a naked trust, trustees under deeds of trust to secure payment of money, or lien holders. Upon the filing of such petition with the town, the Town Clerk, or other person designated by the Town Council shall investigate the sufficiency of the petition, and if found to be sufficient, shall certify the same to the governing body.
(2) At the time a petition is being made, any property having direct access to the service for which a petition is being made for extension shall not be subject to the assessment, and shall not be included in the total number of property owners and front footage in determining a feasible project. Those properties shall be subject to the access fee at the time, and application, for connection to the new service is made.
(C) Area without service. Whenever it is determined by the Town Council, based on evidence presented, that an area is without water or sewer, and that the protection of the public health requires that water and sewer extensions be made into such area, and if in the opinion of the Town Council the abutting property will be benefitted by said improvement to the extent of the portion of the cost to be assessed against such abutting property, the Town Council may, without petition of a majority of the property owners, order the extension of such lines. Access to such line shall be by the payment of access charges as set forth in § 21-602 (definition of “access charges”).
(D) Special assessments. Upon receipt of a petition certified as sufficient, the Town Council shall follow the procedure set out in G.S. Chapter 160A, Article 10, as amended, concerning special assessments. This procedure includes an initial determination by the Council as to whether it wants to act upon the petition, and proceed with construction of the proposed project.
(E) Cost.
(1) If the Town Council shall decide to proceed with a project for which a valid petition has been filed, then the town will participate in the cost of the project by paying one-third of the construction cost thereof under the procedure set forth in § 21-608 herein.
(2) The cost of a project will be reduced on a pro-rata basis to the town and to all parties subject to assessment by any state, or federal, grants received.
(F) Carrying out requirements. The Town Council may adopt such rules and regulations as are necessary to carry out the requirements of this article.
(Ord. 5-89, passed 6-19-1989)