ARTICLE 6: WATER AND SEWER UTILITY EXTENSIONS
Section
   6-6.1   Purpose of article
   6-6.2   Activities requiring a permit
   6-6.3   Justification for system extensions and modifications
   6-6.4   Procedures and standards for system extensions inside the town limits
   6-6.5   Procedures and standards for extensions of town utilities outside the town limits and/or treatment of wastewater collected by other entities
   6-6.6   Standards for over-sizing town utilities extensions
   6-6.7   Pre-construction conference required when town utilities are over-sized
   6-6.8   Modifications and revocations of approvals
   6-6.9   Video assessment
   6-6.10   Donation/acceptance of extensions to the town
   6-6.11   Enforcement
   6-6.12   Infrastructure reimbursement agreements
§ 6-6.1 PURPOSE OF ARTICLE.
   The purpose of this article is to set forth, in a single source, the permitting application requirements and processes for water distribution system and wastewater collection system extension and modification, and regulatory requirements that apply to facilities that interconnect with the town's water and sewer systems. This article is authorized by G.S. § 160A-312(b).
(Adopted 7-10-2018)
§ 6-6.2 ACTIVITIES REQUIRING A PERMIT.
   No person shall do any of the things or carry out any of the activities listed in G.S. § 143-215.1(a), or any of the activities in divisions (B)(1) through (3) below for a system which is, or is proposed to become, interconnected to the town's water distribution system or wastewater collection system, unless such person shall have applied for and received:
   (A)   From the town an approval to extend and connect; and
   (B)   From the appropriate permitting agency, a permit and shall have complied with such conditions, if any, as are prescribed by such permit. Activities prohibited without a permit generally include but are not limited to the following divisions (1) through (3) below. The state requires a permit for:
      (1)   Construction or operation of any water system or sanitary sewer system; or
      (2)   Alteration, extension, or modification of the construction or method of operation of any existing or proposed water distribution system or wastewater collection system; or
      (3)   Execution of a contract for the construction and installation of any town-owned water distribution system or wastewater collection system or for the modification, alteration or extension of such a system. (See 15 A N.C. Administrative Code 2H.0100.)
(Adopted 7-10-2018)
§ 6-6.3 JUSTIFICATION FOR SYSTEM EXTENSIONS AND MODIFICATIONS.
   The town recognizes four justifications for the extension or modification of the water distribution and/or wastewater collection systems.
   (A)   Extensions and modifications for the health, safety, and welfare of the public. The town water distribution or wastewater collection system (together the "town utilities") may be extended or modified to provide public utility access to persons when their existing system has failed and is resulting in a demonstrated health risk to them and/or the public.
   (B)   Extensions and modifications in fulfillment of the annual budget.
      (1)   The town shall provide and maintain certain basic components of the town utilities. These components include treatment facilities, water booster pump stations, wastewater pump stations, water storage tanks, sewer outfall mains, and water transmission mains. Extensions or modifications to these components may be constructed and/or improved according to a budget ordinance that is approved by the Town Board of Commissioners (the "Board of Commissioners" or "Board").
      (2)   The town may also extend or modify water distribution mains and sewer collection mains to serving existing dwellings, non-residential buildings or vacant lots, within the municipal limits of the town upon approval by the Board of Commissioners. The town's financial participation in utility extension and modification projects is subject to the availability of funds and other qualifications.
   (C)   Extensions and modifications by private parties within the town limits. Any property owner or other person holding an interest in real property may extend utilities at their own expense as provided in § 6-6.4.
   (D)   Extensions and modifications by any party who provides wastewater collection services. Any property owner or other person holding an interest in real property who receives wastewater collection services through an intermediary, such as a private or public entity who provides waste water collection services may extend utilities at their own expense as provided in § 6-6.4, provided that the town provides sewer treatment services.
   (E)   Extensions and modifications for annexation areas. The town shall meet all requirements related to annexations as prescribed by G.S. Chapter 160A, Article 4A, Parts 1 and 7. The town shall provide the same level of service to newly-annexed areas that is available to the remainder of the town, as provided by the town's adopted ordinances and policies.
(Adopted 7-10-2018; Amended 6-1-2020)
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