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§ 6-6.7 PRE-CONSTRUCTION CONFERENCE REQUIRED WHEN TOWN UTILITIES OVER- SIZED.
   (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)
§ 6-6.8 MODIFICATIONS AND REVOCATIONS OF APPROVALS.
   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)
§ 6-6.9 VIDEO ASSESSMENT.
   The interior of all sewer outfall mains, collection mains, and laterals shall be recorded on a CD, DVD or equivalent successor media after the installation and testing is complete and submitted to the Town Manager or designee for review prior to the acceptance and final approval of the extension. All associated costs shall be borne by the developer.
(Adopted 7-10-2018)
§ 6-6.10 DONATION/ACCEPTANCE OF EXTENSIONS TO THE TOWN.
   (A)   Water distribution systems and wastewater collection systems and associated rights-of-way and other appurtenances as required that interconnect with the town utilities system and intended for public use shall be granted and conveyed to and become the property of the town upon the final written approval of the Town Manager or designee and acceptance by the Board of Commissioners.
   (B)   The Board of Commissioners shall not accept the ownership, operation, or maintenance responsibility of modifications or extensions that do not meet the requirements of this article or other applicable law and regulation.
   (C)   Following the developer's donation and the town's acceptance of a modification or extension, the town shall have sole ownership and rights to the modification or extension and shall assume all operation and maintenance responsibilities.
(Adopted 7-10-2018)
§ 6-6.11 ENFORCEMENT.
   The town reserves the right to:
   (A)   Notify federal, state, and local agencies of all violations of regulations pertinent to their respective agencies and request that those agencies initiate enforcement actions; and
   (B)   Notify the North Carolina Board of Examiners for Engineers and Surveyors of any violations to the Engineering and Land Surveying Act (G.S. Chapter 89C), which includes promoting the general welfare and protecting the public by safeguarding life, health, and property. The town shall submit evidence of fraud, deceit, gross negligence, incompetence, misconduct, or violations of the Board rules against any unlicensed individual performing functions that require a license, against any individual licensee, or against any corporation holding a certificate of authorization.
   (C)   The remedies provided herein are not exclusive. The town may take any one, all, or any combination of these actions against any person in violation of the provisions of this article or the terms or conditions of any permit issued hereunder. The town may also seek an injunction against any person in violation of the provisions of this article or the terms or conditions of any permit issued hereunder.
(Adopted 7-10-2018)
§ 6-6.12 INFRASTRUCTURE REIMBURSEMENT AGREEMENTS.
   (A)   Pursuant to G.S. § 160A-499 this section authorizes and sets forth the procedures and terms under which the town may approve reimbursement agreements with private developers and property owners for the design and construction of municipal infrastructure that serves the developer or property owner. For the purpose of this section, municipal infrastructure includes, without limitation, water mains, sanitary sewer lines, lift stations, storm water lines, streets, curb and gutter, sidewalks, traffic control devices, and other associated facilities.
   (B)   The Town Manager, or designee, is authorized to negotiate municipal infrastructure reimbursement agreements with private developers and property owners pursuant to this section. In negotiating such agreements, the town manager, or designee, shall determine that:
      (1)   The cost to the town will not exceed the estimated cost of providing for the municipal infrastructure through either eligible force account qualified labor or through a public contract let pursuant to G.S. § 143-128 et seq.; or
      (2)   The coordination of separately constructed municipal infrastructure with the associated private development would be impracticable.
   (C)   Town approval authority for agreements under this section shall be governed by general town contracting authorizations and delegations.
   (D)   Such reimbursements, if any, may be paid from any lawful source if approved by the Board of Commissioners.
   (E)   A municipal infrastructure reimbursement agreement approved pursuant to this section shall not be subject to G.S. Chapter 143, Art. 8 unless the award of a contract for work would have required competitive bidding if the contract had been awarded by the town. If the town would have been required to follow G.S. Chapter 143, Art. 8, then the developer or property owner is required to comply with the requirements of G.S. Chapter 143, Art. 8.
   (F)   A municipal infrastructure reimbursement agreement approved pursuant to this section shall require the private developer or property owner party to comply with all the town's rules, regulations and ordinances and be current on all debts, fees or taxes owed to the town.
(Adopted 7-10-2018)