§ 51.032 INITIATION OF PROJECTS WITHIN THE CORPORATE LIMITS.
   There are three methods by which water and sewer extensions can be accomplished.
   (A)   On petition by residents.
      (1)   Water and/or sewer line extensions may be made upon receipt of a petition requesting the improvements. The petition 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, Article 10.
      (2)   The city shall assess 100% of the full cost of the water and/or sewer improvements against the abutting property owner. City property shall be assessed just like any other property owner. The city shall adopt from time to time a maximum price per foot for water and/or sewer lines which shall be assessed against abutting property. Where the size of the property exceeds the normal building lot size in a particular zoning district, the city may adopt an acreage fee to assess the benefitted property owner in addition to the front foot rate. In any event, the maximum front foot rate and the acreage fee shall be applied uniformly to all projects approved by the City Council. These fees shall be in addition to normal tap fees, usage charges or impact fees which the city may have already adopted.
      (3)   The city by action of the City Council may amend, modify or repeal the maximum assessment rate and the acreage fee at any time.
      (4)   All petitions for improvements shall specify that the assessments shall be paid in three years plus interest to be determined by the City Council.
   (B)   On application by property owners.
      (1)   Any property owner, owners or developer desiring to have water or sanitary sewer services extended to and along any public streets or other public way shall apply in writing to the city requesting the water and/or sewer service. The application shall contain plans in sufficient detail in order to allow the City Council to determine the adequate size of facilities necessary for the proposed extension.
      (2)   Upon approval of the extension plans by the City Council, the property owner or developer shall be responsible for providing 100% of the full cost of the water and/or sewer improvements including all approved pump stations, lift stations and fire hydrants between the owner’s property and the city’s water and/or sewer system.
      (3)   If public right-of-way is not available, the property owner or developer shall obtain the necessary rights-of-way and/or easements in favor of the city.
      (4)   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 city and its Engineer, and the fee for the inspection shall be borne by the owner or developer.
   (C)   Action by City Council.
      (1)   In the event that the City Council determines that a proposed water and/or sewer project is both necessary and in the public interest of the citizens of the city, the city may undertake the proposed extension of services on its own motion.
      (2)   In such case, no assessments will be levied against abutting property; however, all owners of property abutting the improvements shall be required to pay a fee equivalent to the amount which would have been assessed as a condition to connection to the water and/or sewer improvements.
      (3)   The fee charged shall be a maximum price per front foot. Where the size of the property exceeds the normal building lot size in a particular zoning district, the city may require the payment of an acreage fee in addition to the maximum front foot rate.
      (4)   These fees shall be in addition to the normal tap on fees and usage charges which the city has already adopted.
(2009 Code, § 51.27) (Ord. passed 6-25-1991)