§ 6-6.5 PROCEDURES AND STANDARDS FOR EXTENSIONS OF TOWN UTILITIES OUTSIDE THE TOWN LIMITS AND/OR TREATMENT OF WASTEWATER COLLECTED BY OTHER ENTITIES.
   (A)   Introduction. The purpose of this section is to provide the criteria for the provision of utility extensions and/or waste water treatment for sewage collected by other wastewater collection systems outside of the incorporated limits of the town. Developers, private enterprises, and other entities that wish to extend Mocksville utilities, or to increase wastewater flow to town wastewater treatment plant(s) shall, in all cases, follow the guidelines established in the specifications and this chapter. The town shall evaluate the overall impact of the proposed extension. The potential negative impact on treatment plant capacity, the hydraulics of the water distribution system, and the capacity of the wastewater collection system will also be considered. In addition, the effect of premature growth and development shall be considered as it relates to the town's adopted plans.
      (1)   The town has no responsibility to provide water and/or sewer service to property located outside the town limits, except as otherwise provided by law. However, upon request, the town may:
         (a)   Allow extensions of its water and/or sewer lines to serve properties outside the town; and/or
         (b)   Treat additional flow from wastewater collection systems not owned by the town when it determines that it is in the town's best interest to do so. Properties located outside the town limits that receive water and/or sewer service(s) from the town may not be entitled to receive other town services.
      (2)   The town's approval of extensions to property located outside of the town's jurisdiction or the treatment of wastewater collected by others shall be in conformity with all applicable town, state, and Federal laws, policies, and regulations.
      (3)   The town shall not be responsible for providing water and sewer service in areas located within another entity's jurisdiction or service area defined by contract or inter-local agreement between the town and the entity.
      (4)   If water or sewer service is requested outside the town's limits, the property owner and/or applicant is required to petition for annexation into the town and/or the area may be required to be formally incorporated by an ordinance of the town council prior to the extension of services.
   (B)   Application process.
      (1)   The town shall consider the approval of extensions outside the town limits or treatment of wastewater collected by other entities upon submission of an application consisting of a:
         (a)   Plan showing the acreage of the area to be served, identifying the type of development (residential, commercial etc.), estimates the maximum potential demands that the development may impose on the existing system;
         (b)   An annexation petition pursuant to G.S. Ch. 160A, Art 4A, Part 1 Extension by Petition.
         (c)   A complete application for zoning approval.
         (d)   If applicable, a developer contract detailing the conditions for the provision of water and sewer services, including treatment, subject to the requirements of §§ 6-6.6 and 6-6.12, approval of the Town Board of Commissioners; and
         (e)   If applicable a grant (or agreement to grant) to the Town of Mocksville, at no cost, all on-site utility rights-of-way and easements deemed necessary by the Town Manager and Mocksville Utilities staff.
      (2)   Any application package determined incomplete by the Town Manager shall be returned to the applicant. A complete application package that contains sufficient information to ascertain reasonable grounds to believe the application package and its contents meet all applicable standards of this chapter shall be acknowledged by a letter setting a date for review and decision by the Town Board of Commissioners.
      (3)   The staff shall review the preliminary application and forward a recommendation to the Town Board of Commissioners. If the application consists solely of an annexation petition, the Town Manager will forward the annexation petition to the Board upon receipt.
      (4)   The Town Board of Commissioners may consider the annexation petition, any other information and the recommendation of the staff together or separately. The Town Board may approve, approve in part, approve with conditions, or deny the application.
      (5)   If applicable, the Town Board may consider each component of the application at the same, or different meetings. The applications will be considered at the same meeting by the Town Board in this order:
         (a)   Annexation;
         (b)   Zoning;
         (c)   Utility extension(s); and
         (d)   A developer contract.
(Adopted 7-10-2018; Amended 6-1-2020)