(A) Introduction. The town may provide water and sewer service to areas incorporated within the municipal limits of the town according to the provisions of this chapter. Consideration shall be given to each project's conformance with any adopted land use and other plans of the town. If an extension is authorized, then an application shall be made to N.C. DEQ. If a reimbursement agreement AND an extension are authorized, the reimbursement agreement is authorized, it shall meet the requirements of § 6-6.6.
(B) Prior to application submittal. Plats, site plans, engineering plans and specifications shall be approved through the appropriate review process, as required by the North Carolina General Statutes and town ordinances, including the zoning ordinance.
(C) Application requirements.
(1) All persons intending to construct, alter, modify, or expand any town utilities as described in this section shall make timely and proper application to the Town Manager or designee. At a minimum, the applicant shall:
(a) Provide a plan that shows the acreage of the area to be served, identify the type of development (residential, commercial etc.), estimates the maximum potential demands that the development may impose on the existing system; and
(b) Provide a proposed schedule for the construction of the development and any proposed development phases;
(c) Document the intended use of the water and sewer system extension;
(d) Apply to N.C. Department of Environmental Quality ("DEQ") for the required permits;
(e) Grant to the town, at no cost, all on-site utility rights-of-way and easements deemed necessary by Town Manager or designee.
(D) Any application determined incomplete by the Town Manager shall be returned to the applicant.
(E) Funding of oversized utilities. The town shall take reasonable steps to ensure that adequate funding is available to accommodate any requested oversizing or upsizing needs, as provided in § 6-6.6 below, however the town cannot guarantee the funding of specific proposed projects.
(F) Review and approval. The Town Manager will review and approve or deny application, unless the proposal requires a capital investment by the town or over-sizing agreement, in which case the proposal will be reviewed and considered by the Board of Commissioners. The Manager will place complete applications with the proposed capital investment and/or oversize agreement on the next regularly scheduled Board meeting agenda.
(G) Appeal to Board of Commissioners. If the Town Manager denies an extension request, the applicant may appeal the decision to the Board of Commissioners.
(H) Standards for town utilities extensions. The standards are divided into two categories. The categories are the standards for extensions to new or existing developments, and extensions to non-contiguous or satellite annexations. In any case, the town shall not participate in the cost of the water distribution mains or sewer collection interceptors located within the subdivision or private development property, unless upsizing is required by the town in accordance with § 6-6.6.
(1) Standards for in-town extensions to new subdivisions and other developments, including previously developed properties, in contiguous portions of the town.
(a) Subject to the provisions of this article, the town shall allow extensions to and within new developments upon the request of the developer or property owner. The responsibility for and cost of such extension within new developments shall be borne by the requesting party, unless upsizing is required by the town in accordance with § 6-6.6.
(b) Subject to the provisions of this article, the town shall allow extensions to new developments within the town upon the request of the owner or owner's agent, and the responsibility for and cost of such extensions shall be borne by the requesting party.
1. If the town requires lines to a subdivision or other new development that are larger than those necessary to serve the project, the town shall reimburse the owner or developer for any additional material and installation costs incurred because of installing such oversized lines, according to the provisions of § 6-6.6.
2. Where a proposed development of property located within the town necessitates a replacement, upgrade, or expansion in size or capacity of water and/or sewer mains and appurtenant facilities that are already available to serve the property (as opposed to an extension of a line to make service available), and the replacement, upgrade, or expansion for the proposed development cannot be constructed in the time requested by the owner or developer the town may enter into a contract with the owner or developer of such property pursuant to which the owner or developer shall pay some or all of the cost of the necessary improvements, according to the provisions of § 6-6.6.
(2) Standards for in-town extensions to new subdivisions and other new developments in non-contiguous portions of the town. The town shall allow extensions to and within new developments and/or subdivisions located in annexed property which is non-contiguous to the corporate limits upon request of the property owner or developer; and the entire cost of extending water and/or sewer line(s) shall be borne by the developer/property owner requesting such extension. The town shall pay the proportional share of installing oversized lines that may be required by the town to meet system-wide needs.
(Adopted 7-10-2018)