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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)
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)
(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)
(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.
(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)
Subject to Board of Commissioners approval as provided in §§ 6-6.5 and 6-6.6, the town shall allow extensions within new developments upon the request of the developer or property owner. The responsibility for and cost of such extensions shall be borne by the requesting party, except as provided below.
(A) If town planning documents and engineering calculations demonstrate that a larger capacity extension or modification to the town utilities will be needed to serve a surrounding area, the town may elect to require the owner or developer to design and install larger diameter pipes than those required to serve the subdivision or private development. The owner or developer shall request and receive bids from at least three contractors for the installation and materials required to serve the subdivision or private development with water and wastewater collection and bid the pipe sizes requested by the town as an alternate. If the town elects to require the developer to up-size pipe diameters to accommodate future town utilities service demands, the town may pay the developer in an amount, as negotiated between the town and owner or developer, based on the difference between the base bid and the alternate bid. Any reimbursement shall be by developer contract. Such developer contract shall be written to provide an equitable distribution of the cost of improvements to the town's system(s) consistent with the policies and fees established in this chapter, or other ordinance(s) and in consideration of the relative burden placed upon the system by the proposed development, the extent to which other town customers may benefit from the improvement, the extent to which fees maybe or have been paid by others for future improvements, the requirements of § 6-6.12 and other relevant factors.
(B) The total amount to be reimbursed to the developer, owner, or developer by the town under this section shall not exceed the costs incurred by the developer, owner, or developer in constructing the extension(s).
(C) The terms and conditions of any reimbursement or financial participation by the town pursuant to this article shall be set forth in a written contract between the town and the developer or property owner for which the extension is to be constructed. Failure to reach a reasonable cost for any over- sizing size may result in the denial of the extension.
(Adopted 7-10-2018)
(A) The developer, design engineer, and contractor or a designated representative for each shall attend the pre-construction conference. If a representative for each of the parties is not in attendance, the pre-construction conference shall be rescheduled to a later date when each party can be represented.
(B) The developer, design engineer, and contractor or a designated representative for each, shall provide copies of all applicable federal, state, and local permits, easements, rights-of-way and encroachments and the appropriate engineering drawings to the Town Manager or designee for approval prior to the pre-construction conference.
(Adopted 7-10-2018)
Any approval issued by the town pursuant to this article is subject to revocation, suspension or modification, in whole or in part, upon 14 calendar days' written notice to the applicant by the Town Manager for good cause including, but not limited to the following:
(A) Violation of any terms, conditions, or requirements of this article or the approval; or
(B) Falsification or misrepresentation of information provided in any application and/or in the engineering plans and specifications; or
(C) Failure to disclose relevant information; or
(D) Refusal of or by the owner/developer or their contractor, agent, and employees to allow authorized officers, employees, or agents of the town, upon presentation of credentials, to inspect or observe any activity, system, or other work approved within the owner/developer's control;
(E) Failure to follow the approved contract documents and engineering plans and specifications without receiving proper authority from the town.
(Adopted 7-10-2018)
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