§ 51.018  EXTENSION REQUIREMENTS.
   (A)   From and after the effective date of this chapter, any property owner(s) desiring water and/or sewer service from the town water and sewer system in areas where it is not presently provided shall apply in writing to the Town Council requesting the extension of water and/or sewer service. No requests for the extension of service shall be considered unless submitted in writing in accordance with the requirements of this policy.
   (B)   The town shall require the applicant to submit as part of the written application such information, plans or data as may be required to adequately determine if the requirements of this policy are to be met. Plans and specifications shall be prepared by a registered professional engineer and shall be suitable for submission to NCDENR Public Water Supply Section and the Division of Water Quality or their successors for approval. Materials and equipment to be used in the extension shall be of the same type and standards used in the town system unless otherwise approved by the town. The town reserves the right to have the Town Engineer review the proposed plans and specifications for the town and at the expense of the project developer or owner.
   (C)   When application is made for water and/or sewer extension to serve an area or development project that is planned as part of a larger project or subdivision, all of which is not to be developed at the time application is made, the owner or owners shall submit plans in sufficient detail in order to determine the location, size and type of facilities which will be necessary to serve the entire development or subdivision when completed. No extension to the water and/or sewer system shall be made without approval of the Town Council, and no application shall be approved except in accordance with the requirements of this policy.
   (D)   The minimum distance for any extensions of a water and/or sewer main shall be determined by the Public Utilities Director. In general, the minimum distance for extensions shall be not less than one platted block. In any case where such extension is possible, water main extensions shall not be less than the distance to connect both ends of the extension to an existing water main, whenever the physical conditions of the proposed extension will permit. The minimum distance for sewer extensions shall be made from manhole to manhole.
   (E)   The size of water and/or sewer mains to be installed and other required system facilities shall be determined by the Public Utilities Director in accordance with the recognized standards and accepted engineering practices and design.
   (F)   Any water and/or sewer mains extended under the provisions of this section shall be installed and constructed in accordance with the approved plans, and other requirements of the town. All facilities installed under the provisions of this section, whether within or outside the corporate limits, shall become the sole property of the town and under its jurisdiction and control for all purposes at the time such facilities are connected to the municipal system. When required, the property owners shall grant to the town such utility easements as it may require. In addition, a deed to the town for water and/or sewer facilities installed, which are located outside the corporate limits, the cost of which is borne by individual property owners, shall be executed prior to the time any extension provided for in this section is connected to the municipal system. No certificates of occupancy or water and/or sewer service shall be provided until all of the town’s requirements and specifications have been met, including a letter of certification of completion to the town and appropriate state agencies, completion of “punch lists” and the receipt of “as built” plans for the project.
   (G)   The Town Council may, in its discretion, as a condition under which water or sewer service, or both, will be extended, require the owners of a proposed subdivision to enter into an agreement to improve the proposed streets therein at their own expense and in accordance with the ordinances then in force governing the acceptance of public streets for the town. If required, this section shall apply to subdivisions that are located either within or outside the corporate limits.
   (H)   All water and sewer service lines shall be extended to the edge of the right-of-way. The Public Utilities Director shall work with the design engineer to locate the water and sewer services at an agreeable location to be determined for each lot in the project. Water and sewer services shall be terminated as described in the following subchapter on water and sewer.
   (I)   The following exceptions are authorized. Nothing in this section shall prevent the Town Council from extending water and/or sewer mains within the corporate limits on its own motion, without receipt of an application from property owners, and assessing the cost of such extensions in accordance with division (L) below, when, in the opinion of the Town Council, the general public interest demands such extension of service.
   (J)   When application is received for a proposed new project and approved by the town, then the developer or owner shall install the extensions or have them installed by a licensed utility contractor under the supervision and inspection of the project engineer and in accordance with approved plans. The Public Utilities Director shall also inspect the project during construction, and shall have final approval of the project. The town reserves the right to require the project engineer to provide full time resident inspection of the project.
   (K)   If an extension application is approved by the Town Council, the owner shall be required to pay 100% of the total cost of all extensions including the cost of engineering, resident inspection and inspection provided by the town; provided the town may participate to the extent agreed upon by the Town Council in the cost of larger size mains that are in excess of the size mains required to serve the project. No reimbursement shall be made upon annexation and all extensions connected to the town system and located inside or outside the corporate limits shall become the property of the town at the time such facilities are connected and accepted.
   (L)   In the case of extensions to existing developed areas, when the approved extensions have been completed and the total cost has been determined, a percentage of the total cost shall be assessed against the property owners whose property is served by the extension at an equal rate per front foot in accordance with and under the authority of G.S. Ch. 160A, Art. 10, as amended.
   (M)   Any property owner shall have the opportunity to pay his or her proportionate share of the cost assessed in accordance with division (L) above in full or in equal annual installments with interest as required by statute.
   (N)   Prior to the beginning of any construction by the developer of any water and/or sewer extensions approved by the town, the owner or developer shall deposit with the town funds in an amount equal to 100% of the total estimated cost of such extensions. Such funds shall be in the form of a bond, cash or other securities deemed acceptable by the Town Manager and Finance Officer. In the event of a default or any other failure of the developer to complete the project to the requirements and specifications of the town, the town shall use this deposit to cover the costs of completing or abandoning the project as necessary to meet town standards and specifications, or any other applicable state and/or federal regulations.
   (O)   If the application for extension of water and/or sewer is approved by the town and state regulatory agencies, the developer shall install the system in accordance with the approved plans and specifications.
   (P)   The developers, subdividers, owners and the like shall provide easements in such form as the town may require for mains, service lines, manholes and appurtenances and for installation and maintenance thereof. Such easements shall be furnished prior to any service being provided.
   (Q)   At the time of submission of plans for the systems the owners shall ask that the property to be served and all improvements thereon be annexed to the town at such times as the town finds this lawful and practical. Such request for annexation shall remain open indefinitely, shall bind the heirs, successors, grantees and assigns of the owner, developer, subdivider and the like, and may be accepted by the town at any time unless the area involved becomes annexed to some other municipality. The request for annexation may be withdrawn if the town does not provide water and/or sewer services, as requested by the developer, owner, subdivider and the like, but not if such action is caused by failure to pay for services rendered or for damages done to the system or systems by the willful or negligent acts of the developers, subdividers, owners and the like, or their heirs, successors, grantees or assigns of the agents, servants, employees, invitees or licensees or any of them.
   (R)   Any water and/or sewer mains extended under the provisions of this policy shall be installed and constructed in accordance with the approved plans, specifications and other requirements of the town. All facilities installed under the provisions of this policy shall become the sole property of the town and under its jurisdiction and control for any and all purposes whatsoever at the time such facilities are accepted. The cost borne by individual property owners shall be executed prior to the time any extensions are provided and connected to the town system.
   (S)   The Town Council may in its discretion, as a condition under which water and/or sewer service will be extended, require the owner(s) of a proposed subdivision to enter into an agreement to improve the proposed street therein at his, her or their own expense and in accordance with the ordinances then in force governing the acceptance of public streets within the town.
(Ord. passed 5-3-2011; Ord. passed 9-11-2014)