Lincolnton, NC Code of Ordinances CHAPTER 53: WATER AND SEWER EXTENSIONS AND AVAILABILITY CHARGES

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1 Lincolnton, NC Code of Ordinances CHAPTER 53: WATER AND SEWER EXTENSIONS AND AVAILABILITY CHARGES Section General principles of water and sewer line extension Explanation of terms and requirements Extension policies within city's service areas Planning and extension of water and sewer systems Initiation of projects within the primary service area Initiation of projects within the secondary service area Extensions made by other governmental entity Oversized improvements/reimbursement Editor's note: Ord , adopted July 1, 1999, amended this chapter in its entirety to read as herein set out. The former chapter pertained to the same subject matter and derived from an ordinance adopted August 23, GENERAL PRINCIPLES OF WATER AND SEWER LINE EXTENSION. (A) No sewer line or water main may be connected to the city's water or sewer system unless the line or main is: (1) Properly designed and constructed to service the properties intended to be served directly by the line or main; and (2) Of a size and design sufficient to accommodate any necessary expansion of the water and sewer system to serve other properties, including fire protection. (B) The city shall own and control any and all water mains, sewer lines and related facilities connected to and serviced by its water or sewer system, except for those water mains, sewer lines or facilities of other public bodies connected to and serviced by the city's water or sewer system under contracts approved by the Council between the city and other public bodies. (C) To comply with municipal obligations imposed by state statutes, or in cases of emergency where it is found to be in the public interest or necessary to protect the public health, the city may authorize extensions of water and/or sanitary sewer into specific areas. (D) All extensions, expansions and new facilities must be economically feasible and must be constructed in accordance with city engineering criteria, standards and specifications and in conformity with any existing or future policies and plans which are adopted by the city. (Prior Code, 8-200) (Ord. O-72-99, passed ) Penalty, see EXPLANATION OF TERMS AND REQUIREMENTS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ASSESSMENT PROCEDURES. Assessment procedures as outlined in the General Statutes will be received for review by City Council. AVAILABILITY FEE. An established charge for connection to an existing water distribution or sewer collection system. The availability shall be effective for all water taps greater than three-quarter inch and all sewer taps greater than four inches. The

2 availability fee for single-family residential properties shall be based on the front footage of the lot, not to exceed 100 linear feet (LF). The availability for all other properties shall be based on the front footage of the property. The charges per front foot shall be based on the installation of an eight-inch sewer line (with all apparatus) and/or an eight-inch water line (with all apparatus), as determined by the Director of Public Works and Utilities. BASIC LEVEL OF SERVICE FOR ALL LAND USES OTHER THAN SINGLE-FAMILY RESIDENTIAL WITHIN THE PRIMARY SERVICE AREA. A level of surface including a two-inch water meter and a four-inch sewer connection. At the basic level of service, facilities will be provided in publicly maintained streets or rights-of-way existing at the date of the adoption of Ordinance O For properties requiring sewerage pumping facilities, the basic level of service shall be that required for a singlefamily detached dwelling. The city will share in the cost of installation of services larger than those provided at the basic level of service. BASIC LEVEL OF SERVICE WITHIN THE SECONDARY SERVICE AREA. No basic level of service is provided within secondary service areas. Any service provided to any use in the secondary service area shall be installed at the expense of the property developer and/or owner and shall meet the applicable basic level of service standards listed in definitions for basic level of service for all land uses other than single-family residential within the primary service area and basic level of single-family residential service within the primary service area. The city may participate at its option in the costs incurred in the installation of oversized water and sewer mains. BASIC LEVEL OF SINGLE-FAMILY RESIDENTIAL SERVICE WITHIN THE PRIMARY SERVICE AREA. A level of service including a three-quarter-inch water meter and a four-inch sewer connection. At the basic level of service, facilities will be provided in publicly maintained streets or rights-of-way existing at the date of the adoption of Ord. O For properties requiring sewerage pumping facilities, the basic level of service shall be that required for a single-family detached dwelling. The city will share in the cost of installation of services up to those provided at the basic level of service. ECONOMIC DEVELOPMENT WITHIN THE PRIMARY SERVICE AREA. The city may extend facilities for economic development purposes when in the view of the City Council there is reason to believe that it is in the best interest of the city and its systems to do so. EXTENSION. Any water main or sewer line lengthening required to connect a water service to a large main or sewer lateral to an outfall sewer or major trunk sewer. EXTENSION POLICIES WITHIN THE PRIMARY SERVICE AREA. The city will install water and sewer lines in publicly maintained streets and rights-of-way existing as of the adoption date of Ordinance O for the purpose of providing the basic level of service to individual parcels. Owners of parcels not along, or abutting, publicly maintained streets will be responsible for extending services to the parcel. Owners of newly subdivided parcels shall be responsible for extending services to the parcels. Parcel owners shall provide the city with a recorded easement for any facilities they intend to dedicate to the city. All water meters shall be placed in the street right-of-way or at the end of the dedicated water line. All sewer connections shall be placed in the street right-of-way. EXTENSION POLICIES WITHIN THE SECONDARY SERVICE AREA. Applicants will be required to install all facilities within the secondary service area. The city may participate at its option in the costs incurred for the installation of oversized water and sewer mains. FIRE HYDRANTS. Must be placed in accordance with the city fire protection standards. INCREASE IN SIZE OF FACILITIES IN THE PRIMARY SERVICE AREA. The city's basic water main size shall be a minimum of six inches when in a looped system and eight inches when extending into a nonlooped or dead-end system. The city, at its option, may participate in the cost of increasing the size of the main above this level when in the interest of the city. The basic sewer main size shall be eight inches. The city at its option may participate in increasing the size of these facilities. INSTALLATION OF FACILITIES BY OTHERS THAN CITY FORCES. All lines installed and dedicated to the city for maintenance will be installed according to city standards, using city specified material(s). LARGE MAIN. Any water main larger than eight inches in diameter, serving an area, sized and located so that additional service connections beyond the limits of any associated development can be made without lowering the level of service. LOCATION OF WATER METERS AND SEWER CONNECTIONS. Water meters will be located in the publicly maintained streets and rights-of-way. The customer will connect to the meter and be responsible for all lines beyond the meter. The sewer connection will be on the publicly maintained sewer line itself. It will be the responsibility of the customer to make the connection to the line. The city will provide access to the opposite side of the road when sewer is located on the opposite side of a city or NCDOT maintained street. All lines from and including the connection point to the structure served will be the responsibility of the property

3 owner. MAJOR TRUNK SEWER. A gravity sewer line extending directly from an outfall which is located and sized so that additional gravity sewer lines can be connected thereto. NUMBER OF METERS/CONNECTIONS FOR EACH PARCEL WITHIN THE PRIMARY AND SECONDARY SERVICE AREA. Each individual dwelling unit should have its own meter. Each meter should be assessed an individual tap fee. In the case of sewer connections where more than one living unit is served by the same connection, each living unit should be assessed a tap fee. OUTFALL. Any sewer line serving a drainage area, located and sized so that additional lateral connections beyond the limits of any associated development can be made without lowering the level of service. PRIMARY SERVICE AREA. All areas within the boundary of the corporate limits. PRIVATE FIRE SYSTEMS. These should be made at the expense of the property owner. There should be a detection meter installed on all fire systems. Backflow prevention should be in place on all fire systems. All fire system facilities beyond, and including, the connection point to the publicly maintained facilities will be the responsibility of the private system. There should be a disconnect valve at the point the private system connects to the publicly maintained system. SECONDARY SERVICE AREA. All service areas outside the corporate limits. (Prior Code, 8-201) (Ord. O-72-99, passed ) EXTENSION POLICIES WITHIN CITY'S SERVICE AREAS. The city will provide the following basic water and sewer facilities within the city's service areas utilizing bond funds, grant funds, current revenues, user charges, special assessments, availability fees and other available funds: (A) Water treatment works; (B) Water pumping stations; (C) Water storage tanks; (D) Large water mains; (E) Outfall sewers; (F) Major trunk sewers; (G) Sewage pumping stations designed and intended to serve more than one property; (H) Sanitary sewer force mains serving basic facility pumping stations; and (I) Sewage treatment plants. (Prior Code, 8-202) (Ord. O-72-99, passed ) PLANNING AND EXTENSION OF WATER AND SEWER SYSTEMS. The planning and extension of the water and sewer systems shall be accomplished in accordance with the following general policies except in cases where the basic level of service is provided: (A) Each developer of land, whether subdivided or not, shall be responsible for all costs associated with the extension of water and sewer service including rights-of-way costs; (B) All water and sewer service extensions costs in and to subdivisions shall be borne by the subdivider in accordance with the city's subdivision regulations; (C) All water and sewer extension plans and installations shall meet the specifications of the city. The city shall be authorized to inspect at any time the installation of all water and sewer extensions which are to be connected to the city's facilities and all fees for the inspections shall be borne by the owner or developer;

4 (D) All water and sewer lines and appurtenances connected to the city's facilities shall be dedicated to the city and accepted by the city immediately upon approval of the same by the City Engineer after adoption by the City Council; (E) The city shall be responsible for the maintenance, operation and control of all water and sewer facilities when dedicated to the city; and (F) All water discharge into the sewer system must be purchased from the city or public water provider with whom the city has a binding contract outlining specific conditions whereby sewer service would be made available. (Prior Code, 8-203) (Ord. O-72-99, passed ) Penalty, see INITIATION OF PROJECTS WITHIN THE PRIMARY SERVICE AREA. There are three methods by which water and sewer extensions can be accomplished. Regardless of method used, all facilities, once completed, must be dedicated to the city. (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. Chapter 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. 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 the 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 this case, no assessments will be levied against abutting property; however, all owners of the 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.

5 (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 or impact fees which the city has already adopted. (Prior Code, 8-204) (Ord. O-72-99, passed ) Penalty, see INITIATION OF PROJECTS WITHIN THE SECONDARY SERVICE AREA. The city may permit extension of water and/or sewer service outside the city's corporate limits. The following provisions shall apply. (A) All requests for extension of water and/or sewer service shall be in writing. (B) The applicant shall agree to the provisions of and above. (C) The application or request for service shall include a petition from the owner requesting annexation or, if not practical, a statement setting forth the reasons why annexation would not be practical. The City Council shall have the authority to waive this requirement when, in its opinion, annexation would not be practical, legally possible or would not be in the best interest of the city. (Prior Code, 8-205) (Ord. O-72-99, passed ) Penalty, see EXTENSIONS MADE BY OTHER GOVERNMENTAL ENTITY. (A) In the event that the city shall permit an extension of its water and/or sewer line at the request of and expense of any other governmental unit, including the county, the extensions shall be at the sole expense of the party requesting the extensions. Expenses are to include but not be limited to all labor and materials, engineering fees, any and all sums required for rights-of-way and/or easements and any and all cost incidental to the extensions. (B) Upon completion of the water and/or sewer lines, the improvements shall be dedicated to the city. The city shall charge the user the normal tap fee, using charges or impact fees which the city may have already adopted. (Prior Code, 8-206) (Ord. O-72-99, passed ) OVERSIZED IMPROVEMENTS/REIMBURSEMENT. (A) When it is in the best interest of the citizens of the city that oversized water and/or sewer lines be extended from the existing municipal system, the City Council may agree to pay the additional cost to construct oversized lines. If any oversized facility is feasible, then a reimbursement agreement shall be entered into between the city and each party installing water and/or sewer facilities. Only those water and sewer lines, fire hydrants, lift stations and pumping stations as may be expressly referred to and covered by a written contract between the party(ies) and the city shall be considered. (B) The cost of installing lines served by the oversized lines or any other existing city lines shall be borne by the owner, developer or party being so connected. (C) Oversized improvement costs subject to reimbursement shall be: (1) The actual cost of water lines larger than six inches, sewer lines larger than eight inches, all approved fire hydrants, pumping stations and lift stations between the property being developed and the facilities of the city. The extent of the extra cost incurred by the city shall be only that incurred by installing lines larger than needed to serve the property developed; (2) The cost of water lines larger than six inches and sewer lines larger than eight inches within the property being developed but which will serve other properties. However, the costs shall only be to the extent to cover the extra cost incurred from installing lines larger than needed to serve the property developed; and (3) The proportionate cost of lines of any size to which direct service connections may be made to property other than that of the initial developer. (D) All reimbursements for oversized improvement costs set forth in divisions (C)(1) and (C)(2) above, shall be made from water

6 and/or sewer charges collected by the city from properties served by lines installed under a reimbursement agreement. Reimbursement costs shall be paid by the city to the developer no more than 30 days after the end of each quarter. The source of the payments shall be from fees received from oversized improvements. All reimbursement for costs for division (C)(3) above shall be made only from appropriate front foot charges. (E) Only actual costs of the lines together with all necessary fire hydrants, pumping stations and lift stations shall be included in the calculations of costs subject to reimbursement. No interest on cost pending reimbursement shall be permitted. (F) No reimbursement of any costs shall be made more than ten years after the day of acceptance by the city of the lines installed under an oversized improvement agreement. (G) Acreage charges collected from properties served by lines installed under reimbursement agreement shall be applied so as to satisfy any claims under the different agreements in the order in which the agreements were executed. (Prior Code, 8-207) (Ord. O-72-99, passed ) Penalty, see 10.99