§ 51.013 CONNECTION TO WATER AND SEWER SYSTEM REQUIRED.
   (A)   (1)   The owners of all developed property within Newport having situated on the property one or more residential units or commercial establishments located within a reasonable distance of any available town water lines or town sewer collection lines into which residential units or commercial establishments the owners have, or have had or have permitted facilities necessary for potable water and/or suitable toilet and other facilities necessary for the discharge of domestic or industrial wastes (“developed property”) shall at their own expense connect such facilities directly to the proper town water line or town public sewer or both in accordance with the requirements of the town.
      (2)   When town water or sewer lines or both are newly constructed, all developed property shall be connected as provided in the division (A)(1) above within 12 months of the date when the lines are activated. No new wells or nor new septic tanks or other private sewer systems shall be allowed for discharge of domestic or industrial waster within a reasonable distance of the sewer lines.
      (3)   Any developed property not now connected to town water and/or sewer lines and having a properly functioning potable water and septic tank or other legal private waste disposal system not constructed under the provisions of division (L) below may continue to opt out of connecting to town water and/or sewer lines, but if such lines are within a reasonable distance of town water and/or sewer lines will pay an availability fee equal to the minimum water or sewer or both (depending on what the owner opts not to connect to) fee for service to a like property. For those properties paying an availability fee for sewer, no septic tank maintenance fee will be payable. The town will stop providing septic tank or private waste disposal systems to all such properties.
   (B)   Where a public water line is not available under the provisions of division (A) above, such toilet and other facilities requiring potable water shall be connected to a well or a private water system complying with the requirements of the appropriate state and/or local regulatory agency. At such time as a town public water line becomes available to a property served by a well or a private water system, a direct connection shall be made to the town public water line in compliance with this subchapter. There shall be no physical connection (cross-connection) between any privately-owned water source and the town system. The owner shall operate and maintain any well or private water facilities in a sanitary manner at all times, at no expense to the town. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by any state or federal agencies.
   (C)   (1)   All persons wishing to connect with the public sewer system must file a written application with the customer service department in accordance with § 51.002.
      (2)   The Clerk shall issue such permit to any duly licensed plumber after application is filed, which permit must state the location of the wye to which connection is to be made. After the connection is made, the ditch must be left open until final inspection is made by the Town Plumbing Inspector who shall report on the back of the permit the result of his or her inspection. Such permit must be returned to the Clerk by the Inspector to be filed in the town records.
   (D)   Every application for a sewer connection shall state the name of the owner of the lot; the name of the street on which such lot is situated; the 911 address number of the house or lot; the number and kind of connections desired; and the character of the surface of the abutting street. Every such application shall be signed by the person making the application, shall be accompanied by the proper fee for making the connections applied for and shall be filed with the Plumbing Inspector.
   (E)   In general, where possible, sewer connections shall be made into manholes. Every sewer connection made directly to a main shall be made at the wye provided for the lot to be served; if no such wye has been provided for such lot, the connection may be made directly to the main at any convenient point.
   (F)   All tap fees for connections to main sewer lines shall be in the amounts provided in accordance with the Utility Department fee schedule.
   (G)   It shall be unlawful for any person to discharge to any outlet other than a sanitary sewer, within the boundaries of the town, any domestic or industrial wastes except where suitable treatment has been provided in accordance with this subchapter and state and federal laws.
   (H)   Where a public sanitary sewer is not available under the provisions of division (A) above, such toilet and other facilities necessary for the discharge of domestic and industrial wastes shall be connected to a private disposal system complying with the requirements of the appropriate state and/or local regulatory agency. Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit from the appropriate regulatory authority and furnish a copy thereof to the Building Inspector. The copy of the permit shall be accompanied by such supplementary data as deemed necessary by the Building Inspector to maintain an accurate file of such private wastewater disposal systems to facilitate the planning of future public sewer service. The type, capacity, location and layout of a private wastewater disposal system shall comply with all requirements of the County Environmental Health Department, North Carolina Division of Water Quality, or other such board or authority. The town may require a sewer service line to be installed to the right-of-way for future use. The Utilities Director shall determine the size and placement of this future service line after consulting with the Building Inspector.
   (I)   For any property not connected to, and not required to be connected to public were lines, the town shall charge a septic system maintenance fee to the utility account holder as set forth in the Utility Department Fee Schedule. The Utility Department shall then be responsible for routine pumping, maintenance and repairs to the septic system. This does not relieve the owner of responsibility to care for the system by following the rules of the County Health Department or other responsible agency for vegetation control, parking restrictions, repair area and the like.
   (J)   At such time as a town public sewer becomes available within a reasonable distance to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer in compliance with this subchapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material at the owner’s expense.
   (K)   No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by any state or federal agencies.
   (L)   The Town Council may, on a case-by-case basis, permit new construction with septic tanks provided with provisions to be connected to the town sewer system via gravity or a pumping system when such sewer service becomes available. Such sewer pumps shall be the property of and maintained by the property owner.
   (M)   The town shall charge a septic tank maintenance fee to cover the cost of the town maintaining the septic tanks and drain fields permitted in division (K) above such that the owners have equivalent service to other customers on the sewer system. The Utility Department shall operate and maintain the septic systems as required by County Environmental Health or other similar agencies that have proper jurisdiction.
(Ord. passed 5-3-2011; Ord. passed 9-11-2014) Penalty, see § 10.99