§ 53.05 EXTENSION METHODS.
   (A)   There are three methods by which water and sewer extensions can be accomplished: on written request by residents, on application by property owners and on action by the Town Board.
   (B)   Steps to accomplish these methods are as follows:
      (1)   On written request by property owners.
         (a)   Extensions of water and/or sewer lines may be accomplished upon written request to the Town Manager requesting the services. The request shall be signed by at least 50% in number of the owners of property who also own at least 50% of the lineal feet of frontage of the lands abutting the proposed improvements. One hundred percent of the improvements shall be financed by special assessments against the benefitted property utilizing the procedures set forth in G.S. Ch. 160A, Art. 10. If the property is located outside the corporate limits, the application will be accompanied by a petition for voluntary annexation (including satellite annexation). The Town Board shall have the authority to waive this requirement when in its opinion, annexation would not be practical, legally impossible or would not be in the best interest of the town.
         (b)   The town shall assess 100% of the full cost of the water and/or sewer improvements against the abutting property owner. Town property shall be assessed on the same basis as any other property. The town shall adopt from time to time a maximum price per foot for water and/or sewer lines which shall be assessed against abutting property. The town may adopt an acreage fee to assess the benefitted property owner in addition to the front foot rate where the size of the property exceeds the normal building lot size in a particular zoning district. In any event the maximum front foot rate and the acreage fee shall be applied uniformly to all projects approved by the Town Board. These fees shall be in addition to the normal tap fees, usage charges or impact fees which the town may have already adopted.
         (c)   The Town Board may amend, modify or repeal the maximum assessment rate and the acreage fee at any time.
      (2)   On application by developer/owner.
         (a)   Any developer(s) or property owner(s) desiring to have water or sewer services extended to and along any public street or other public way shall apply in writing to the Town Manager requesting the water and/or sewer service. The application shall contain plans in sufficient detail in order to allow the Town Board to determine the adequate size of facilities necessary for the proposed extension. If the property is located outside of the corporate limits, the application will be accompanied by a petition for voluntary annexation (including satellite annexation). The Town Board shall have the authority to waive this requirement when in its opinion, annexation would not be practical, legally impossible or would not be in the best interest of the town.
         (b)   Upon approval of the extension plans by the Town Board, the developer(s) or property owner(s) shall be responsible for providing 100% of the full cost of the water and/or sewer improvements including all approved pump and lift stations, looping water mains and fire hydrants between the owner's property and the town's water and/or sewer system.
         (c)   If public right-of-way is not available the property owner(s) or developer(s) shall obtain the necessary rights-of-way and/or easements in favor of the town.
         (d)   All contracts for the installation of water and/or sewer lines and the construction and installation of same shall be subject to the inspection and approval by the town and its Engineer and the fee for the inspection shall be borne by the owner or developer.
      (3)   Action by the Town Board of Commissioners.
         (a)   In the event that the Town Board determines that a proposed water and/or sewer project is both necessary and in the public interest of the citizens of Swansboro, the town may undertake the proposed extension of service on its own motion.
         (b)   The cost of all or a portion of the extension shall be assessed against the abutting property; all owners of property abutting the improvements shall be required to pay a fee at an equitable rate in accordance with G.S. Ch. 160A, Art. 10.
         (c)   These fees shall be in addition to normal tap fees, usage charges or impact fees which the town has already adopted.
(OC, § 5-3-3) (Am. Ord. passed 8-11-88)