§ 17-240. Mandatory connection.

Mandatory connections to the water system and/or the sanitary sewer system are required as follows:

(a)

The owner of any developing property within the corporate limits of the city requiring water service and all or any part of the property is located within one-hundred fifty (150) feet of a water main that is a part of the water system, or under contract for construction to become a part of the water system, shall connect to the water system, including payment of all required fees for service. The owner of any developing property within the corporate limits of the city requiring sewer service and all or any part of the property is located within one-hundred fifty (150) feet of a gravity sewer main that is a part of the sanitary sewer system, or under contract for construction to become a part of the sanitary sewer system, shall connect to the sanitary sewer system, and are subject to any required state approval necessary, including payment of all required fees for service.

(b)

The owner of any developed property within the corporate limits of the city where all or any part of the property is located within one-hundred fifty (150) feet of a water main that is a part of the water system, which obtains potable water service from an existing well which becomes contaminated, fails to comply with public health rules and regulations, or requires reconstruction or maintenance and repair expenses, shall cap and abandon the well and connect to the water system, including payment of all required fees for service. The owner of any developed property within the corporate limits of the city where all or any part of the property is located within one-hundred fifty (150) feet of a gravity sewer main, that is a part of the sanitary sewer system, which obtains sewer service from a septic tank or other on-site treatment system which fails to comply with public health rules and regulations, or requires reconstruction or maintenance and repair expenses, shall abandon the septic tank or on-site system and connect to the sanitary sewer system, including payment of all required fees for service.

(c)

The city manager or his designee may waive the requirement for mandatory connection to the water system and/or sanitary sewer system specified in this section 17-240, for a specific property, when the city manager or his designee determines that due to natural or man-made obstructions or unusual conditions, enforcing a mandatory connection will result in unusual and significant requirements and costs either to the property owner or the city. Such obstructions may include requirements to comply with environmental or other laws or regulations, or unreasonable conditions for obtaining necessary right-of-way, in the judgment of the city manager or his designee.

(d)

Permits for the construction or repair of wells or septic tanks shall not be issued to property within the corporate limits of the city, by appropriate governmental jurisdictions before the appropriate officials have been advised in writing by the director, that connection of that property to the water system or sanitary sewer system is not required under this policy.

(e)

Applicants requesting sewer service shall be required to connect to both the wastewater collection system and the water distribution system if water service is available, except where connection to the city sewer line is required by subsection (b) but not required by subsection (a).

(f)

All properties in the city not included under this subsection shall be governed by the requirements of the state departments of health and human services and environment and natural resources.

(g)

Any property owner receiving a permit pursuant to G.S. 97-97.2(a) or (b) shall not be required to connect to the public water system for so long as the permitted private drinking water well remains compliant and in use, except that subsection (a) may apply in any of the following situations:

(1)

The private drinking water well serving the property has failed and cannot be repaired.

(2)

The property is located in an area where the drinking water removed by the private drinking water well is contaminated or likely to become contaminated due to nearby contamination.

(3)

The city is being assisted by the local government commission.

(4)

The city is in the process of expanding or repairing the public water system and is actively making progress to having water lines installed directly available to provide water service to that property within the twenty-four (24) months of the time the property owner applies for the private drinking water permit.

(h)

Nothing in this section 17-240 shall be construed to prevent any owner if developed or undeveloped property from voluntarily requesting connection to a city water or sewer line.

(Ord. No. 2014-17 , 6-9-14; Ord. No. 2019-16 , § 9, 4-8-19)