(A) All water and sewer extensions from the basic facilities described in § 53.03(A) to individual customer services for need or existing developments will be made by the town’s Utilities Department or approved licensed contractors. These extensions will be financed by the water and sewer special assessment fees, and availability fees required for all service connections and from water and sewer use charges.
(B) Extensions of water or sanitary sewer service within the corporate limits of the town shall be made upon petition as described in division (B)(1) below except in those cases described in division (B)(2) below, in which cases the town shall order the service constructed without petition. The cost of such extension shall be specially assessed as hereinafter provided.
(1) A petition for extension of water and/or sewer service shall be on a form provided by the town and shall designate by a general description the improvements proposed and shall request that the same be made in conformance with the provisions of this division (B) and that such proportion of the cost of each of such improvements as may be specified in the petition be specially assessed against the property abutting on the street or streets or part thereof in which or on which such extensions are proposed to be made. The petition shall be signed by at least a majority in number of the owners, which majority must own at least a majority of all lineal feet of frontage of the lands abutting the street or streets or part of the street proposed to be served by the extension. For purposes of the petition, all owners of undivided interests shall be deemed and treated as one person and such land shall be sufficiently signed for when the petition is signed by the owner or owners of a majority in amount of such undivided interests, provided that for purposes of this section the word OWNER shall be considered to mean the owners of any life estate or of estate of inheritance but shall not include mortgagees, trustees of a naked trust, trustees under deeds of trust to secure payment of money, or lienholders. Upon the filing of such petition with the town, the Clerk or other person designated by the Board of Commissioners shall investigate the sufficiency of the petition, and if found to be sufficient, shall certify the same to the governing body.
(2) Whenever it is determined by the Council based on evidence presented that an area is without water or sewer and that the protection of the public health requires that water and sewer extensions be made into such area and if in the opinion of the Board of Commissioners the abutting property will be benefited by said improvement to the extent of the portion of the cost to be assessed against such abutting property, the Council may without petition of a majority of the property owners order the extension of such lines.
(3) Upon receipt of a petition certified as sufficient or upon a determination pursuant to division (B)(2) above, the Board of Commissioners shall follow the procedure set out in G.S. Chapter 160A, Article 10 as amended concerning special assessments.
(4) The Board of Commissioners may adopt such rules and regulations as are necessary to carry out the requirements of this division.
(C) Extension of water and sanitary sewer service outside the corporate limits of the city shall be made pursuant to the following procedure:
(1) Request a construction cost estimate from the Director of Public Works and Utilities designating the specific properties to be served, and each applicant must make a minimum deposit equal to the appropriate fee described in § 53.02 and such additional amounts, if any, required so the total deposits of all applicants on any one project equal at least two-thirds of the projected construction cost based on the preliminary plans, said projected construction cost, for service to existing development, shall be based on the per linear foot cost as approved and set annually for computing the fees described in § 53.02; and
(2) Deposits made under this division (C) are in lieu of the fees described in § 53.02.
(Prior Code, § 5-3004) (Ord. passed 9-12-1996)