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HomeMy Public PortalAbout09-24-2001 Workshop Session . . . ~ \ 189 MINUTES Board of Commissioners Monthly Workshop Monday, September 24,2001-7:30 p.m. Town Barn The Hillsborough Town Board held a Monthly Workshop on September 24, 2001 at 7:30 PM in the Hillsborough Town Barn. Present for the Workshop were Mayor Horace H. Johnson, Sr., Commissioners Kenneth Chavious, Frances Dancy, Evelyn Lloyd, Brian Lowen, and Mark Sheridan. Staff present were Town Manager Eric Peterson, Planning Director Margaret Hauth, Assistant Town Manager/ Public Works Director Demetric Potts, Management Intern Jim Klingler, and Town Attorney Bob Hornik. 1. OPEN THE WORKSHOP Mayor Horace H. Johnson, Sr. called the meeting to order at 7:30 P.M. 2. AGENDA CHANGES & AGENDA APPROVAL Commissioner Chavious requested to add to the Agenda a discussion of the EDD Work Group. This was added as Item 9.0. By consensus, the Board approved the Agenda. 3. UPDATES FROM MAYOR AND BOARD ON KEY ISSUES/COMMITTEES Mayor Johnson called for a moment of silence to remember those affected by the events of September 11 th. 4. RESOLUTIONS/PRESENTATIONS 1. Consideration of a Resolution Condemning the Actions of the Terrorists on September 11,2001 and Supporting the President of the United States of America Mayor Horace Johnson presented a Resolution Condemning the Actions of the Terrorists on September 11, 2001 and Supporting the President of the United States of America for the Board's consideration. By consensus, the Board approved the Resolution unanimously. 2. Presentation of AICP (American Institute of Certified Planners) Award to Planning Director Margaret Hauth Mayor Johnson presented Margaret Hauth, Planning Director with a framed American Institute of Certified Planners Award. The Board congratulated Planning Director Hauth on her certification. 1 It 190 AT THIS POINT THE BOARD CONTINUED THE MEETING OF SEPTEMBER 10TH . AND REFERENCED THE AGENDA ITEMS FOR THAT MEETING 5. REPORTS A. Report from TT A regarding new bus service from Hillsborough to Duke Hospital Mr. Talmadge from Triangle Transit Authority reported to the Board on the new bus service from Hillsborough to Duke Hospital. B. Riverwalk Feasibility Study Report Mr. Charles Burger presented Feasibility Study results on the Riverwalk Project. C. Report on ChangeslImprovements to the Town's Residential Sanitation Collection Processes - Demetric Potts, Assistant Town Manager/Public Works Director Assistant Town Manager/Public Works Director Demetric Potts reported to the Board on changes and improvements to the Town's Residential Sanitation Processes. He stated that persons requiring an additional roll-out container would be charged $45 which could be added to their Water Bill. . 6. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson reminded the Board that June 30, 2002 will be the last day for Commercial Garbage Pickup. He informed the Board that Orange County has expressed an interest in providing a proposal for Commercial service. Town Manger Peterson announced that Fire Inspector/Code Enforcement Officer Todd Chavious has obtained his Level III Fire Inspection Certification. 7. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel presented a status report on all current water/wastewater projects. 8. ITEMS FOR DECISION - CONSENT AGENDA A. Approval of a Proclamation declaring September 17-30,2001 as "Litter Sweep" in Hillsborough B. Approval ofa Proclamation declaring October 12-27, 2001 as "World Population Awareness Week . Upon a motion by 'Commissioner Dancy, seconded by Commissioner Lloyd, the Board approved the Consent Agenda as presented by a vote of 5-0. The motion was declared passed. Copies of both Proclamations are hereby made a part ofthese official Minutes as Attachments. 9. ITEMS FOR DECISION - REGULAR AGENDA 2 . . . ... 191. A. Consider adopting new Billing & Collection Policy and Payment Schedule for Water/Sewer bills Town Manager Eric Peterson presented Amendments to Chapter 14, Section 14-13 of the Town Code for the Board's consideration. Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to approve the amendments as presented by a vote of 5-0. The motion was declared passed. A copy of the Town Code amendment is hereby made a part of these official Minutes as an Attachment. B. Receive Presentation from the Water/Sewer Citizens Advisory Task Force on their Final Report Scott Neal and Chris Cole made a presentation on the Water/Sewer Citizens Advisory Task Force's Final Report. They also suggested including how money is to be used on Water/Sewer charges. C. Discuss Recommendation from the Task Force to establish a permanent standing Water/Sewer Advisory Committee By consensus, this Item was Tabled until the October Regular Board Meeting. D. PUBLIC COMMENT and Consideration of proposed contract for antennas on Hassell Street Water Tank Citizens Jack Payne and Ann Wilson addressed the Board and expressed their concerns with the placement of antennas on the Hassell Street Water Tank. Sara Griffin, Representative ofNextel, fielded questions from the Board. Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board moved to deny the contract for antennas on the Hassell Street Water Tank by a vote of 4-1 with Commissioners Chavious, Lloyd, Dancy, and Lowen voting Aye; and Commissioner Sheridan voting Nay. The motion was declared passed and the contract was denied. E. Consider acceptance of Beckett's Ridge Drive Extension, road and water line between Beckett's Ridge and Millstone Drive Town Engineer Kenny Keel presented this Item for the Board's consideration. Upon a motion by Commissioner Sheridan, seconded by Commissioner Chavious, the Board moved to approve the acceptance of the Beckett's Ridge Drive Extension, road and water line between Beckett's Ridge and Millstone Drive by a vote of 5-0. The motion was declared passed. F. Consideration of Water/Sewer Extension Agreement with MF Limited Partnership (Proposed Patriot Pointe Apartment Complex on Orange Grove Road) 3 . . . 192 This Item was Tabled at the September 10th Board Meeting until the October Regular Board Meeting. G. Consideration of and Ordinance annexing 28.22 acres owned by MF Limited Partnership of Hillsborough on the west side of Orange Grove Road, just south ofl- 85 This Item was Tabled at the September 10th Board Meeting until the October Regular Board Meeting. H. Consideration of an Ordinance to zone 28.22 acres owned by MF Limited Partnership of Hillsborough from County R-l to Town Multi-family This Item was Tabled at the September 10th Board Meeting until the October Regular Board Meeting. I. Consideration of request from Sandy & Brian Phelps to resolve right-of-way issues on Hayes Street Planning Director Margaret Hauth reported the Hearing on the Item was held in April. At that time, the neighbors weren't in full agreement on how the road should be closed. She said the members have the request from neighbor Landon to make a decision on this item and information from the Phelps' attorney withdrawing a portion of the request. The Board heard from both parties and discussed their options. The Board encouraged the neighbors to continue discussions until a resolution is found. Once the item is resolved, the Town Board will take final action on the closure and related items. Landon and the Phelps were asked to keep in touch with Town staff regarding their progress. J. Receive Petition for Annexation from Housewright Builders for 5.1 acres on Oakdale Drive and set Public Hearing date The Board received a Petition for Annexation from Housewright Builders for 5.1 acres on Oakdale Drive. By consensus, the Board scheduled the Public Hearing for October 23,2001. K. Receive Annexation Feasibility Study for Old Mill Ridge property (Kelly Barnhill) This Item was Tabled until site plan is provided to the Board. L. Consider approving installation of ' 'No Parking Signs" at two sewage pump stations: Pointe Place & Pond Lily Circle Assistant Town Manager/Public Works Director Demetric Potts presented an Ordinance to amend Chapter 6, Appendix A, Section 6A-12 of the Town Code for the Board's consideration. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Ordinance amending Chapter 6, Appendix A, Section 6A-12 of the Town Code as presented by a vote of5-0. The motion was declared passed. A copy of the Ordinance is 4 . . . 193 hereby made a part of these official Minutes as an Attachment. M. Review and Comment on draft Orange County policy statement entitled "Use of County Funds for Joint Parks and Open Space Projects" The Board reviewed the draft Orange County policy statement entitled "Use of County Funds for Joint Parks and Open Space Projects" and by consensus supported it. The Board directed the Town Manager to write a letter to the County. N. Consider approving "Hot Topic" for October 22nd Work Session Item: Update on Capital Facility Fee Study by Raftelis Financial Consulting By consensus, the Board agreed to having an update on the Capital Facility Fee Study by Raftelis Financial Consulting as a "Hot Topic" for the October 22nd Work Session. O. Added Item - Discussion ofEDD Work Group. Commissioner Chavious asked if the EDD Work Group was formed in cooperation with Orange County and if the Town approved the group's formation. He stated that the Board was told that the EDD Work Group was extended and given materials. Commissioner Lloyd stated that the group was originally a Transportation Committee which was County appointed. Commissioner Chavious expressed his concerns with the group discussing issues the Town Board has already voted on, such as Elizabeth Brady Road. Commissioner Sheridan asked that the Town Board Minutes be reviewed to see how the Committee was formed and who approved Commissioners Lloyd and Sheridan to serve on it. Commissioner Chavious asked why the EDD Work Group is working on Town issues. He stated he was told the Transportation Group was an extension of the EDD Work Group. 10. APPOINTMENTS A. Appointment to fill in-town vacancy on the Planning Board Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to appoint Kelly Hopper to fill a 3-year term in-town vacancy on the Planning Board by a vote of 5-0. The motion was declared passed. B. Appointment to serve on the Orange Community Housing & Land Trust Board The Board was informed that the Orange Community Housing & Land Trust Board meets the 2nd Wednesday of each month at 6:00 P.M. and at this time the Town has no volunteers. By consensus, the Board agreed to delay voting on this Item until the October Regular Board Meeting. 5 194 11. CLOSED SESSION FOR THE PURPOSE OF DISCUSSING A PERSONNEL . MATTER By consensus, this Item was Tabled until the October Regular Board Meeting. 12. OTHER There was no other business. 13. ADJOURN Upon a motion by Commissioner Lowen, seconded by Commissioner Chavious, the Board moved to adjourn the meeting at 11:10 P.M. by a vote of5-0. The motion was declared passed. RnwttV~~ Respectfully submitteo, Donna F. Armbrister, CMC Town Clerk . . 6 ~ . . ATTACHMENT 8.A t. 195 Town of H1n,~ gh LITTER SWEEP 2001 A PROCLAMATION WHEREAS, the North Carolina Department of Transportation annually organizes a statewide fall roadside cleanup to ensure clean and beautiful roads in North Carolina; and WHEREAS, a fall UTTER SWEEP roadside cleanup has been planned for September 17-30, to give civic and provisional organizations, government agencies, churches, schools, businesses and concerned citizens the opportunity to partner with the Department of Transportation in its goal of clean and beautiful roadsides by organizing community cleanups in all 1 00 counties across the State; and WHEREAS, the "Litter Sweep" cleanup will be a part of educating the children of our Town regarding the importance of a clean environment to the quality of life in Hillsborough; and WHEREAS, the great natural beauty of our Town and a clean environment are a source of great pride of all Hillsborough residents, attracting tourists and aiding in recruiting new industries; and WHEREAS, the 2001 fall cleanup will celebrate the 13th Anniversary of the North Carolina Adopt-A-Highway program and its thousands of volunteers who labor throughout the year to keep our roadsides clean: NOW, THEREFORE, l, HORACE H. JOHNSON, SR., Mayor, Town of Hills borough, do hereby proclaim September 17-30, 2001, as "LITTER SWEEP" in Hillsborough, and urge our citizens to take an active role in making their community cleaner and more beautiful. ~~C'k D~.~g Horace H. JOhnson,~or Town of Hills borough IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the Town of Hills borough, this ninth day of April in the year of our Lord two thousand and one. . . . ATTACHMENT 8.B WORLD PO PULA TION AWARENESS WEEK 19~ Whereas world population stands today at more than 6.1 billion and increases by some one billion every 13 years; Whereas the most significant feature of the 20th century phenomenon of unprecedented world population growth was rapid urbanization; Whereas cities and urban areas today occupy only 2% of the earth's land, but contain 50% of its population and consume 75% of its resources; . Whereas the most rapid urban growth over the next two decades is expected in cities with populations ranging from 250,000 to one million; Whereas, along with advantages and amenities, the rapid growth of cities leads to substantial pressure on their infrastructure, manifested in sanitary, health and crime problems, as well as in deterring the provision of basic social services; Whereas, in the interest of national and environmental security, nations must redouble voluntary and humanitarian efforts to stabilize their population growth at sustainable levels, while at all times respecting the cultural and religious beliefs and values of their citizens; Whereas World Population Awareness Week was proclaimed last year by Mayors of 315 Unites States cities, as well as Governors of32 states, and was co-sponsored by 231 organizations in 63 countries; Whereas in 2001 the theme for World Population Awareness Week is "Population and the Urban Future" Now, Therefore, I, Horace H. Johnson, Sr., Mayor of the Town of Hillsborough, do hereby proclaim the week of October 21-27,2001, as World Population Awareness Week and urge all citizens of our Town to take cognizance of this event and to participate appropriately in its observance. . . . Section 14-27 Notice of Proposed Termination of Service and Right ofH~aring (Section 14-27 Proposed to be deleted 09-10-0 I) Hearing Deposit Required to Stay Termination Lessee May Take Responsibility for Payments Procedure for Service Termination and Reinstatement Termination at Customer's Request Temporary Discontinuance at Customer's Request Emergency Wastewater Suspensions Reserved Interruptible Water Service (Article V, Sections 14-36, 14-37, 14-38, and 14-39 deleted 10-09- 2000) 14-36 Purpose for Establishment Of Interruptible Water Service and Reduced Rates Section 14-37 Eligibility for Interruptible Service Section 14-38 Contract for Interruptible Service Section 14-39 Establishment of Interruptible Rates Section 14-40 Curtailment of Service Section 14-40.1 Water Shortage and Withdrawal/Conservation Restrictions Section 14-40.2 Unlawful to Use Water Contrary to Provisions of this Ordinance Section 14-40.3 Restrictive Measures in Effect at Each Stage of Water Shortage Section 14-41 Violations Section 14.41.1 Penalties Sections 14-42 through 14-43 Reserved HILLSBOROUGH TOWN CODE Chapter 14. Utilities Subchapter I - General Provisions Article I - Section Section Section General Provisions 14-1 Definitions 14-2 Abbreviations 14-3 Service Provided Without Discrimination Penalties and Remedies Reserved Section 14-28 Section 14-29 Section 14-30 Section 14-31 Section 14-32 Section 14-33 Section 14-34 Section 14-35 Section 14-4 Section 14-5 Subchapter II - Service to Properties Previously Connected to the Water or Sewer System Service Regulations 14-6 Application for Service 14-7 Denial of Service for Nonpayment of Prior Accounts Deposit Fees and Charges Minimum Service Charge Access to Premises Meter Reading and Determination of Charges Section 14-13 Bills Section 14-14 Meter Testing and Special Readings Section ]4-]5 Calculation of Bill Where Equipment Fails Section ]4-]6 Prohibited Activities Section ] 4-] 7 Town Property and Maintenance Thereof Section 14-] 8 Procedure for Eliminating Sediment From Water Lines Sections] 4-19 through 14-20 Reserved Article II - Section Section Section Section Section Section Section 14-8 14-9 14-1 0 14-11 14-12 Article V - Section Article III - Town and Customer Responsibilities Section ]4-21 Town's Responsibility and Liability Section 14-22 Customer's Responsibilities Sections ]4-23 through 14-25 Reserved Article IV - Service Termination and Reinstatement Section 14-26 Termination or Interruption of Service by Town 14:1 197' . . . 198 HILLSBOROUGH TOWN CODE Chapter 14. Utilities Subchapter ill - Connections to the Water and Sewer Systems Article VI - Connections to the Water and Sewer Systems Where Service is Available Section 14-44 Connection Required Section 14-45 Permit for Connection required Section 14-46 Application for Connection Permit Section 14-47 Rejection of Permit Application Section 14-48 Construction of Connections Section 14-49 Separate Connections Required for Each Lot Section 14-50 Requirements for Connection of Service Where Multiple Buildings or Structures are Located on One Lot Section 14-51 Two or More Meters on Single Premises Section 14-52 Town Inspection Section 14-53 Laterals to Remain Town Property Section 14-54 Maintenance of Private Distribution and Collection Systems Sections 14-55 through 14-56 Reserved Article vn - Water and Sewer Extensions Section 14-57 In-Town Extensions to Developed Property Section 14-58 In-Town Extensions to New Subdivisions and Other New Developments Section 14-59 In- Town Extensions to New Subdivisions and Other New Developments Section 14-60 Extensions Outside of Town Section 14-60.1 Extensions to and Within Annexed property which is Noncontiguous to the Corporate Limits Section ) 4-61 Town Participation in Cost of Extensions Section 14-62 Reasons for Extension Refusal Section 14-63 Extensions Required Within Right of Way Section 14-64 Laterals Required When Lines Extended to Preserve Street Surfaces Section 14-65 General Conditions Applicable to Extensions Constructed at Developer's Expense Section 14-66 Specific Conditions to be Satisfied Prior to Constructing Extensions Outside of Town Section 14-67 Conditions to be Satisfied After Construction of Extensions Outside of Town Prior to Actual Use of Town's System Section 14-68 Inspection by Town of Work Done by Others Section 14-69 Pump Stations and Perpetual Maintenance Fees Section 14-70 Dedication of Water and Sewer Line Extensions Section 14-71 Payment of Capital Facilities Fees Section 14-72 Reduction of Capital Facilities Fees Sections 14-73 through 14-75 Reserved Article vrn - Fire Protection Service Section 14-76 Fire Hydrants Section 14-77 Fire Protection Service Lines Section 14-78 Metering of Fire Protection Service Lines Sections 14-79 through 14-84 Reserved Table I - Lake Orange Conservation Stage Determination Appendix A -Description of Water and Sewer Service Fees A-I One-Time Fees an charges for Making 14:2 . . . Appendix B - 199 HILLSBOROUGH TOWN CODE Chapter 14. Utilities Water and Sewer Service Available A-2 Limitation on Applicability of Front Footage Fee A-3 Monthly and Recurring Fees Schedule of Water and Sewer Fees and Charges Appendix C - Water Meter Capacity Factors Appendix D - Offer of Dedication and Conservation Easement Appendix E - Perpetual Maintenance Fee Formula Appendix F - Technical Specifications for Water and Sewer Systems 14:3 . . . HILLSBOROUGH TOWN CODE Chapter 14. Utilities 200 Subchapter I - General Provisions Article I GENERAL PROVISIONS Section 14-1 Definitions Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section shaH have the meaning indicated when used in this chapter. (1) Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.CI251, et. seq. (2) Administrator. The water and sewer superintendent or any other person designated by the Board to perform the functions and exercise the responsibilities assigned by this chapter to the administrator. (2a) Approval Authority. The Director of the Division of Environmental Management of the North Carolina Department of Environment, Health and Natural Resources. (3) Authorized Representative of Industrial User. An authorized representative of an industrial user may be: (i) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (ii) A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively; (iii) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. (4) B.O.D. (Biochemical Oxygen Demand). The quantity of oxygen (expressed in milIigrams per liter) required to satisfY the five (5) day oxygen demand of a million pounds of domestic sewage or industrial wastes (or a combination of both). RO.D. is a measure of the poHutional strength of wastes of any nature. (4a) Building Sewer. A sewer conveying wastewater from the premises of a User to a POTW. (5) Categorical Standards. National Categorical Pretreatment Standards. (6) Combined Sewer. A sewer receiving both surface runoff and sewage. (7) Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. (8) Connection. Refers to the act of tapping on the Town's water or sewer system where service is available (as defined in subsection 14-44(e)) but where previously there has been no service lateral running from a main line within a public right-of-way or easement to the customer's property. A connection also refers to the lines and apparatus constituting the link between a main line in the public right-of-way or easement and the customer's property. A connection is to be distinguished from an extension. (8a) Control Authority. The term "Control Authority" shall refer to the "Approval Authority", defined hereinabove; or the POTW Director of the Town upon approval of the Town's Pretreatment Program. (9) Customer. The person in whose name any account for water or sewer service is established. (10) Direct Discharge. The discharge of treated or untreated wastewater directly to the waters of the State of North Carolina. (II) Division of Environmental Management or DEM. A division of the North Carolina Department of Environment, Health and Natural Resources. (12) Domestic Sewage. Liquid wastes from bathrooms, toilet rooms, kitchens and home laundries. (13) Environmental Protection Agency, or EP A. The U.S. Environmental Protection Agency. (14) Extension. Refers to the act of adding additional lines or additional footage onto existing lines within a public right-of-way or easement to reach or make service available (as defined in subsection 14-44(e)) to properties were service was not previously available. The term also refers to the lines and apparatus constituting the extension. (15) Garbage. Solid wastes from the preparation, cooking, handling. and dispensing offood. (16) Grab Sample. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. 14:4 . . . ,2,01 HILLSBOROUGH TOWN CODE Chapter 14. Utilities (17) Holding Tank Waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. Indirect Discharge. The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.c. 1317), into the POTW (including holding tank waste discharged into the system). Industrial User. A source of indirect discharge that does not constitute a "discharge of pollutants" under regulations issued pursuantto section 402, of the Act. (33 U.S.C. 1342). Industrial Wastes. Liquid wastes from institutional, commercial, and industrial processes and operations as distinct from domestic sewage. Interference. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the Town's NPOES Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the Act, (33 U .S.c. ] 345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the- Toxic Substances Control Act, or more stringent state criteria (including those contained in any State sludge management plan prepared - pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW. Liquid Wastes. Waste products that are either dissolved in or suspended in a liquid. National Categorical Pretreatment Standard or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EP A in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users. National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Any regulation developed under the authority of307(b) of the Act and 40 CFR. Section 403-5. Natural Outlet. That body of water, stream, or waterco~e receiving the discharge waters from the sewage treatment plant or formed by (18) (19) (20) (2]) (22) (23) (24) (25) the discharge of the sewage treatment plant. (26) New Source. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a section 307(c) (33 U.S.C. 1317) Categorical Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register Where the standard IS promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard. (27) National Pollution Discharge Elimination System or NPDES Permit. A permit issued pursuant to section 402 of the Act (33 U.S.C. 1342), or pursuant to G.S. 143-2]5.1 by the State under delegation from EPA. (27a) Person. Any individual , partnership, co- partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. (28) pH. The logarithm (base] 0) of the reciprocal of the weight of the hydrogen ions in grams per liter of solution. It indicates the acidity and alkalinity ofa substance. A pH value of7.0 is considered neutral. A stabilized pH is one that does not change beyond the specified limits when the waste is subjected to aeration. A pH value below 7.0 is acid and above 7.0 is alkaline. (29) Pollution. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. (30) Pollutant. Any ''Waste" as defined in N.C.G.S. ] 43-2] 3(13) and dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. (3 I) Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of 14:5 . . . 20? HlLLSBOROUGH TOWN CODE Chapter 14. Utilities pollutant properties in wastewater to a less hannful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or other means, except as prohibited by 40 CFR Section 403.6(d). (31a) Pretreatment Program. The program for the control of pollutants introduced into the POTW from non-domestic sources which was developed by the Town in compliance with 40 CFS 403.8 and approved by the Approval Authority in accordance with 40 CFS 403.11 and as authorized by G.S.l43-2153(a)(14). (32) Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user. (33) Properly Shredded Garbage. The wastes from the preparation, cooking and dispensing offuod, shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particles greater than one-half inch in any dimension. , (34) Publicly Owned Treatment Works (POTW). A treatment works as defined by Section 212 of the Act, (33 U .S.C. 1292), which in this case is the Town's sanitary sewer system. This defini- tion includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a fucility providing treatment. For the purposes of this ordinance, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Town who are, by contract or agreement with the Town, users of the Town's POTW. The term POTW, rather than "sanitary sewer system" is used primarily in Article VITI of this ordinance. (34a) POTW Director. The POTW Director shall be the Administrator as that term is defined in Section 14-1(2). (35) POTW Treatment Plant. The sewage treatment plant owned and operated by the Town. (36) Sanitary Sewer. A pipe or conduit that carries sewage or polluted industrial wastes and to which storm, surfilce and ground waters or unpolluted industrial wastes are not inten- tionally admitted. (37) Sanitary Sewer System. The sanitary sewer system owned and operated by the Town, including all sanitary sewer lines and pipes, the sewage treatment plant, and all other fucilities used in connection with the collection, treatment, and disposal of sewage. The term "sewer system" is sometimes used interchangeably. (38) Sewage. Liquid wastes. (39) Sewage Treatment Plant. The fucility owned by the Town where sewage is collected and treated. (40) Sewage Treatment System. Sanitary sewer system. (40a) Shall is mandatory: May is permissive. (4]) Significant Industrial User. Any industrial user of the wastewater disposal system who (i) has a processed wastewater flow of50,000 gallons or more per average work day, or (ii) contributes more than 5% of any design or treatment capacity of the wastewater treatment plant receiving the discharge, or (iii) is required to meet a National Categorical Pretreatment Standard, or (iv) is fuund by the Town, the Division of Environmental Management or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system. (42) Standard Industrial Classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987. (43) Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom. (43a) Superintendent. The water and sewer administrator or any other person designated by the Board to perform the functions and exercise the responsibilities assigned by this chapter to the administrator. (44) Suspended Solids. Solids that either float on the surface of or are in suspension in water, sewage, or other liquids, and which are 14:6 . . . 203 HILLSBOROUGH TOWN CODE Chapter 14. Utilities removable by laboratory filtering. (45) Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of Section 307(a) of the Clean Water Act or other Acts. (46) User. Any person who contributes, causes or penn its the contribution of wastewater into the Town's POTW. (47) Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or pennitted to enter the POTW. (48) Waters of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof. (49) Water System. The water utility system owned and operated by the Town, including all devices and facilities for the treatment, storage and distribution of water. Section 14-2 Abbreviations The following abbreviations shall have the designated meanings: BOD CFR COD- DEM- EPA I mg mgll - NPDES Biochemical Oxygen Demand Code of Federal Regulations Chemical Oxygen Demand Division of Environmental Management Environmental Protection Agency Liter Milligrams Milligrams per liter National Pollutant Discharge Elimination System Publicly Owned Treatment Works Standard Industrial Classification Solid Waste Disposal Act, 42 U.S.C. 6901, et seq United States Code Total Suspended Solids Total Kgeldah) Nitrogen POTW SIC SWDA USC TSS TKN- Section 14-3 Service Provided Without Discrimination The Town shall provide service under this chapter without discrimination based on race, religion, creed, age, sex, or national origin. Section 14-4 Penalties and Remedies (a) As provided in Article IV, tennination of service is a remedy available to the Town to enforce any of the provisions of this chapter. (b) A violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable as provided in G.S. 14-4. (c) A violation of any of the provisions of this chapter other than those in Article IX shall subject the offender to a civil penalty of $25 .00. A violation of any of the provisions of Article IX shall subject the offender to a civil penalty of up to one thousand dollars ($1,000). If a person fails to pay this penalty within ten days after being cited for a violation, the Town may seek to recover the penalty by filing a civil action in the nature of debt. (d) The holder of an Industrial Pretreatment pennit issued pursuant to Article IX of this Chapter shall be responsible for payment of any and all fines or penalties levied or assessed upon the Town by any state or federal agency for a violation by the Town of any state or federal statute, penn it, regulation or requirement relating to industrial wastewater pretreatment if the violation is directly attributable to the operations of the pennittee that are the subject of the pennit. (e) The Town may seek to enforce any of the provisions of this chapter through any appropriate equitable action. (f) Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense. (g) If a violation of any of the provisions of this chapter results in a danger to the public health or safety, the Town may abate such a nuisance through the procedures set forth in Sections 11-38 through 11-41 of this code. (h) The Town may seek to enforce this chapter by using anyone or any combination of the foregoing remedies. Section 14-5 Reserved Subchapter II - Service to Properties Previously Connected to the Water or Sewer System 14:7 . . . HILLS BOROUGH TOWN CODE Chapter 14. Utilities ,2,04 Article II SERVICE REGULA nONS Section 14-6 Application for Service (a) Application for water or sewer service shall be made at the Water Department during nonnal business hours. Application shall be made on the fonns prescribed, shall be made in the name of the customer who will be responsible for payment of bills, and shall be signed by the customer or by his authorized agent. (b) An applicant must, in writing or in person, notifY the Water Department at least three days in advance of the date requested for commencements of servIce. (c) Except as provided in Subsection 14-46(c), an application for service shall be accompanied by payment of the service initiation fee specified in Section 14-9. Service shall be refused until this fee has been paid. Section 14-7 Denial of Service for Nonpavment of Prior Accounts (a) The Town may reject an application for service when the applicant is delinquent in the payment of any bill incurred for water or sewer service supplied by the Town at any location. (b) A lessee making an initial application for service to his leased dwelling shall not be refused service by the Town solely because of an outstanding amount owed the Town by another customer for service previously furnished to that same address. Section 14-8 Deposit (a) Every applicant for service shall make a cash deposit with the Town and service shall be refused until this deposit has been paid. The deposit for a residential customer subject to the standard minimum monthly charge shall be an amount equivalent to twice the monthly minimum. For other customers, the deposit shall be a sum equivalent to four times the applicable monthly minimum. The purpose of this deposit is to provide security for the payment of all charges by the customer. The Town retains the right, upon thirty days written notice, to require the customer to increase the deposit to a maximum of twice the amount of the highest monthly bill theretofore rendered. (b) Initial deposits shall be made with the service applications. Additional deposits, ifrequired pursuant to subsection (a), sh.all be made within thirty days after receipt by the customer ofthe written notice specified in subsection (a). (c) A separate deposit shall be made on each meter installed. (d) No interest shall be paid on the deposit. (e) Upon tennination of service, the deposit shall either be applied to any outstanding bill or refunded to the customer, as provided in Sections 14-31 and 14-32. Section 14-9 Fees and Chal1!es The Board has by resolution adopted a schedule of fees and charges relating to the water and sewer services provided by the Town. This schedule may be amended from time to time by resolution by the Board. A current copy of this schedule shall be maintained and shall be available for public inspection during regular office hours in the Water Department. A description offees and their purpose is set forth in Appendix A to this Chapter. Fees. and charges to be paid pursuant to this Chapter shall be calculated in accordance with the fee schedule in effect when payment is made. Beginning July 1,1999, the Town will givea$lO.OO rebate for new or replacement installation of low-flow faucets, showerheads and toilets. The rebate will be given one-time per water and/or sewer customer. Proof of installation will be required in the fonn of a receipt or billing invoice showing the actual work done. The rebate will be included in the customers: next billing statement following approval of the Town. (AMENDED 09-13- 99) Section 14-10 Minimum Service Cbal1!e (a) The minimum service charge, as provided in the rate schedule, shall be made for each meter installed regardless oflocation. (b) Subject to Section 14-33 the minimum service charge per meter shall apply whether all residential units are occupied or unoccupied. (c) Charges for service commence when the meter is installed and connection made, regardless of whether service is actually used at that time. (d) The minimum service charge for each month shall be applicable irrespective of whether a customer has been connected for the entire month or only a portion of a month, (ADOPTED 05-10-93) Section 14-11 Access to Premises (a) Duly authorized agents of the Town shall have access at all reasonable hours to the premises of the 14:8 . . . "'20,5 HllLSBOROUGH TOWN CODE Chapter 14. Utilities customer for the purpose of installing or removing Town property, inspecting piping or apparatus, reading or testing meters or for any other purpose in connection with the Town's service or facilities. Application for service shall constitute consent by the customer to access his premises for these purposes. (b) A customer shall be responsible for insuring that there are no physical barriers preventing access to the customer's premises for any of the purposes set forth in subsection (a) and that dogs or other animals on the customer's premises are restrained in such a manner that they do not interfere with lawful access to the customer's premises as set forth herein. Without limiting the generality of the foregoing, the customer shall abide by all reasonable requests by the Town to take necessary steps so that the customer's dogs or other animals do not interfere with the Town's meter reading responsibilities. (AMENDED 01-14-91) Section 14-12 Meter Readinl! and Determination of Cha l1!:es (a) Ordinarily, meters will be read once per month and bills rendered once per month. However, the Town reserves the right to vary this schedule if necessary or desirable. (b) Where there are multiple dwelling units on one lot, unless separate meters are installed for individual dwelling units, the property owner or landlord shall be responsible for the bill for meters jointly used by one or more tenants. (c) Readings from different meters will not be combined into one account for billings, irrespective of the fact that such meters may be for the same premises, or for the same consumer, or for the same type of service. (d) Subject to Section 14-15, a charge shall be made for all water passing through the customer's meter. (e) Bills for water and sewer service shall be calculated in accordance with the rate schedule in effect at the time of billing. Section 14-13 Bills (pROPOSED AMENDMENT 09- 10-01) ( a) B ills shall be mailed not later than the 1 st of each month and become delinquent if not paid by the close of business hours on the Hth 25th of each month. A late penalty charge may be added of J 5% will be accessed at 6:00 PM on the 25th to all delinquent accounts. If the bill is paid in full or otherwise resolved by the close of the business day on the 25th of the second month (or the first working day after the 25th if the 25th falls on a weekend or holiday), the meters will be locked. If there are meters that cannot be locked, the meter will be pulled. There will be a $ 75.00 cutofffee added to the account at the time of being locked or pulled. If locks are broken, the )'1 time tamperingfee of$250. 00 will be assessed; $ J, 000. 00 for each subsequent broken lock. The meter will not be re-installed until all past due balances and fees are paid in full. f.dditiOl'lally, a service disoOlmeevreinstatement to all aeeounts that remain delinquent at the elose oflnfsiness hours OR the 25th day of mClRth (or the first worldng day after the 25th if the 25th falls OR a weekeRd or holiday). This fee may be eharged irresfleetive of whetfler the TO\'lH aetually diseoflfleets the customer's serviee. (AMENDED 05-10- 95) (b) Bills shall notify customers of the provisions of subsection (a) and shall contain a phone number where a Town employee can be contacted concerning questions about the bill. (c) The customer shall be unconditionally responsib Ie for payment of all bills incurred in connection with the service rendered. Failure to receive bills shall not prevent such bills from becoming due and payable or delinquent when the bill has been mailed to the last address given to the Water Department by the customer. (d) The Town's policy is to request that payment of utility bills in coins in an amount greater than ten (10) dollars be submitted in the fonn of properly identified, and rolled coin wrappers. The Town reserves the right to withhold the transmission of a "Payment Received" receipt to the customer until such time as the Town. using reasonable diligence given available resources, detennines that payment received in coins satisfies the bill in payment of which the coins are submitted. Additionally, whenever a customer submits payment ofa utility bill in coins in an amount greater than $10.00 that are not contained in rolled coin wrappers, the customer shall be charged an amount set forth in the schedule of fees and charges for the costs incurred by the Town in servicing the customer's account. ( e) If the bill for utility services contains a statement for other monies owed. the bill shall clearly state that all payments received from the customer after the date of the bill shall be applied first to items other than charges for utilities services, in the order in which such other items are listed on the bill, then to any penalties for late payment of the utility bill, then to charges for utility 14:9 . . . 206 HILLSBOROUGH TOWN CODE Chapter 14. Utilities services. The Town shall apply payments received from the customer in the order set forth in the previous sentence, and it: as a result of doing so, any amount remains outstanding on the bill for utility services, such amount shalI be treated as delinquent as provided in this section and other provisions of this chapter. (AMENDED 02-14-94) Section 14-14 Meter Testine: and Special Readine:s (a) The Town will make special meter readings at the request of the customer and may charge a fee as provided in the schedule referenced in Section 14-9, except that no fee shall be charged if such special reading discloses that an error prejudicial to the customer has been made by the Town. (b) If the customer believes that a water meter on his premises is not registering his water consumption accurately, he may request a test of the meter by the Town. The standard for meter accuracy is :!: 10%. Charges will be made for this service pursuant to Section 14-9, except that no charge will be made if the test discloses that the meter is operating inaccurately in a manner prejudicial to the customer. Calculation of Bill Where Eouipment Fails (a) If the seal of the meter is broken by other than the Town's representative or in the event that the meter tails to register the use of water, the customer shalI be charged the amount computed using the appropriate following formula for a period in which the meter failed to register: (1) Section 14- 1 5 If the customer has been an occupant atthe same location for three (3) years or more, he shall be charged the current rate based upon the average consumption for the same month during the previous years of occupancy. (2) If the customer has been an occupant at the same location for less than three (3) years, he shalI be charged the current rate based upon the average amount of water consumed monthly by that customer. (b) If the customer demonstrates to the reasonable satisfaction of the Town that a break in the water line on the customer's side of the meter has resulted in extraordinary charges for a billing period, the Town may re-compute the customer's bill using the procedures set 14:10 forth in subsection (a). Section 14-16 Prohibited Activities No unauthorized person may: (1) Supply or sell water from the Town system to other persons or carry away water from any hydrant, public water fountain, or other such public outlet without specific authorization from the Town; (2) Manipulate, tamper with, or harm in any manner whatsoever any waterline, sewerline, main, or appurtenance or any other part of the water or sewer system including, but not limited to, any testing or inspection device used to measure the character or concentration of wastes discharged into the sanitary sewer system; (3) Tamper with the water meter so as to alter the true reading for the amount of water consumed; (4) Attach or cause to be attached any connection to the waterline before the water meter. (5) Knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter. Section 14-17 Town Property and Maintenance Thereof All meters and cut-off boxes located before the meters shall remain the property of the Town and shall be kept in good repair and working order by the Town. Section 14-18 Procedure for Eliminatine: Sediment From Water Lines (a) The Town will be responsible for elimination of sediment from Town water lines where emergency repairs cause disturbance of sediment. The Town will attempt to avoid flow of sediment into customer water lines by flushing water out of affected Town lines. (b) Individual customers may flush water from sources for which such individuals, rather than the Town, are responsible as set forth in Section 14-22 of this ordinance. Customers will be allowed a reduction in their water bills in recognition of water used for eliminating sediment, only if flushing of sediment is: (1) authorized in advance by the Town . . . .' 207 l-llLLSBOROUGH TOWN CODE Chapter 14. Utilities Manager, the Town Engineer, or other authorized Town representative; (2) accomplished, where possible, byuseofan outside faucet; and (3) monitored closely by the property owner to ensure that only the amount of water needed to substantially eliminate sedimentation in the customer's water is used. (c) Customers will be allowed a reduction in their water bills for water used to eliminate sediment pursuant to this section in an amount equal to their present water rate multiplied by the difference between the meter reading before and after the flushing of water, where the need for elimination of sediment is isolated and Town personnel are available to obtain the meter reading. In all other circumstances, the amount of reduction shall be calculated pursuant to the formula set forth in Section 14- 15(a) of this ordinance. premises; (6) Assume no liability for the negligence of third persons. Sections 14-19 tbroul!h 14-20 Reserved Section 14-22 Customer~s Responsibilities The customer shall: (1) Maintain the water piping system on his property at his expense in a safe and efficient manner in accordance with the applicable regulations of the State Division of Health Services and maintain the sewer piping system on his property up to and including the connection to the Town's sewer line, in a safe and efficient manner in accordance with the applicable regulations of the State Division of Environmental Management. The Town shall not undertake to repair the Town's water or sewer line until it has been determined that the disrepair, stoppage, or other impediment to the proper functioning of such line exists within the Town's lines or that the Town is otherwise responsible for having caused, created, or aggravated the disrepair, stoppage or other impediment. If the property owner or his representative claims that the cause of a disturbance or stoppage exists within the Town's lines and an investigation discloses that such disturbance actually exists in a line for which the customer is responsible, the customer shall pay to the Town the actual cost of making such investigation. If the investigation discloses that the cause of such disturbance or stoppage is in a line for which the Town is responsible, the Town shall make such repair without charging the property owner for the repair or investigation. , (2) Guarantee protection for Town facilities or equipment located on the customer's property; (3) Pay the cost of relocating Town owned facilities and equipment if done at the customer's request; (4) Not make or cause to be made any cross- connection with a private water supply; (5) Install proper and adequate backflow prevention devices; Article ill TOWN AND CUSTOMER RESPONSffiILITIES Section 14-21 Town's Responsibility and Liability The Town shall: (I) Maintain the Town's water lines, including laterals or service connections, within the Town's rights-of-way and easements; (2) Maintain the Town's sewer lines within the Town's rights-of-way and easements, including sewer laterals or service connections. (3) Reserve the right to refuse or terminate service if there is a cross connection to a private water supply, no backflow protection, or no sewer cleanout if one has been required under Section 14-22(7) or other Town policies or specifications applicable to new connections; (4) Assume liability for damage only if such damage results directly from the Town's negligence; (5) Assume no liability for damage done by or resulting from any defects in the piping, fixtures, or appliances on the customer's 14:11 . . . ,208 Hll..LSBOROUGH TOWN CODE Chapter 14. Utilities (6) Install a pressure reducing valve ifdeemed necessary by the administrator; (7) Install a sewer cleanout to Town specifications; (8) Be responsible to the Town for damage to Town property that is the fault of the customer. The cost of repairing or replacing such property will be added to the customer's bill. (9) Secure and record any easements or encroachment agreements required to extend service lines outside the Town. (10) Convey to the Town, at no cost to the Town, a perpetual easement and right-of- way across any property owned by the customer that is necessary to allow maintenance of lines providing service requested by such customer. Sections 14-23 throul!h 14-25 Reserved Article IV SERVICE TERMINATION AND REINSTATEMENT Section 14-26 Termination or Interruotion of Service Bv Town (a) The Town may terminate service for any of the following reasons: (1) Refusal by the customer to pay in full an account that remains delinquent in excess of ten days; (2) Prevention of fraud or abuse by a customer; (3) Failure of the customer to comply with any of the provisions of this chapter. (b) Before service is terminated, the customer shall be notified of the proposed termination and given an opportunity to be heard on the matter as provided in this article. (c) The Town reserves the right to discontinue or interrupt service temporarily for any of the following reasons: (1) Emergency repairs; (2) Extension of service to new customers if inte~ption to existing customers is unavoidable; (3) Insufficient supply or treatment capacity; (4) Strike, riot, flood, accident, act of God, or any other unavoidable cause. (5) Situation that presents or may present an imminent or substantial danger to the health or welfare of persons or the environment. (d) The Town shall make a good faith effort to noti1Y affected customers before service is discontinued or interrupted as provided in subsection (c). However, the customer, by making application for service, agrees to hold the Town harmless from liability for any damages that may occur due to discontinuance or interruption of service for the above mentioned causes. Seetion 14 27 Notiee of Proposed Terminotion of Sen'iee ond Rie:ht of Heorioe: (pROPOSED AMENDMENT 09- 10-01) (a) On the dll:)' ofter Ofl oeeount beeomes delinquent (the lath of tile month, see Semion 11 13), ar os soon thereafter as possible, the Tovffl sAolI mail to tAe oustomer 0 notice informing the oustomer of the omouAt owed ond stating tAot: (1) TAe custamers oeeount is delinquent Ofld, if opplieoble, is subjeet to 0 penalty charge identified m the notiee; (2) The eustomer is entitled ta be heard before serviee termiAotion by 0 TO'Nil employee ot o speeified address or telephone number during stated busiRess AOllTS if there is ORY dispute o'ler the ammmt of the bill; (3) UAless the bill is poid in fulI ar otherwise resolved by the close of the busiHess day OR tAe 25th of the maRth (ar the first 'Norlcing dll:)' after the 25th if the 25th falIs on a 'HeekeRd ar haliday), the TOViR may terminote serviee without fur.her Rotiee and mil:)' add to the bill a semee disooRfleetlf"-emstatemeRt fee m Ofl ameunt specified in the sahedule of fees aRd eAarges refeFeRaed in Seetion I ~ 9. (AMENDED OS 1993) (b) If the To"lYfl pFeposes to terminate semee fur any reoson ether thaR RORpaymeRt, tile TO'NfI sholl first mail to the eustemer a Rotiee infurmiBg the eustemer: (1) TAot the TOWil pfopeses te term mote saMae witileut furJief oetiee en 0 14:12 . . . 209 HILLSBOROUGH TOWN CODE Chapter 14. Utilities sfleeified Elate, 'l.'hieh date shall be not earlier than the tenth day after the notice is ~ (2) What the reasons for the pfOflosed termination are, and '",hat, if anything, the customer mayor must do to avoid termination af serviee; (3) That the eustamer is entitled to be heard by a designated employee (at any time fJriorto termination of service) at a sfJeeified address ar telephone number during stated business hours if there is any 1.'j1lestioA about the aeelH'acy or legitimacy of the re1l50nS stated for the fJroflased termination. Section 14-28 Hearin!! (a) The hearing provided for in Section 14-26 may be held by phone or, at the request of the customer, the customer may meet in person with the employee at the office of the employee (as specified in the notice described in Section] 4-27). (b) The hearing shall be conducted infonnally. The customer shall be given every reasonable opportunity to bring to the attention of the designated employee infonnation that bears upon the reasons for the proposed tennination. (c) If the customer is dissatisfied with the result of the hearing, customer may infonn the Town Clerk of the customer's desire to appeal the matter to the Board, and the Town Clerk shall there upon place the matter on the agenda of the next regular Board meeting. Section 14-29 Deposit Reauired to Stay Termination Tennination of service for nonpayment of bills shall not be stayed pending the outcome of the hearing procedures set forth in Section 14-28 unless the customer pays to the Town a deposit equal to the amount of the disputed bill. Depending on the outcome of the hearing process, this deposit shall be applied toward payment of the bill, or refunded, as appropriate. Section 14-30 Lessee Mav Take Responsibility for Pavments (a) Whenever (i) a water meter serves a single dwelling unit or, in the case of non-residential structures, a single tenant, and (ii) the Town is aware that the occupant of the dwelling unit or the tenant is not the person responsible for water or sewer payments (i.e. is not the "customer"), and (iii) the customer becomes delinquent in his payments, then a copy of the notice of proposed tennination required by Section 14-26 should be sent to the occupant of the dwelling unit or the tenant of the non-residential structure if the identity of such occupant or tenant is known to the Town. The Town shall endeavor to perfonn the same courtesy where there are multiple occupants or tenants. Such notice shall include or be accompanied by a statement setting forth the rights of such occupant or tenant (the lessee) as provided in subsection (b). (b) When a lessor becomes delinquent in his water or sewer payments, a lessee may take responsibility for such payments and may thereby become the "customer" in accordance with the provisions of Article I. The lessee shall not be responsible for the debts of the lessor. Section 14-31 Procedure for Service Termination and Reinstatement (a) Water and sewer service tennination shall be effected only by authorized agents of the Town. (b) When service is tenninated, discontinued or interrupted for any reason set forth in Section 14-26, no person other than a duly authorized agent or employee of the Town may cause, suffer or pennit the resumption of service. (c) When service is tenninated for non-payment of bills, the service application deposit shall be applied to the outstanding bill. (d) If there are deposit funds remaining after the deposit is applied to the outstanding bill, the excess shall be refunded to the customer. If a portion of the bill remains outstanding, the Town may proceed to collect the balance in the usual way provided by law for the collection of debts. (e) Before service will be reinstated, the customer shall be required to make full payment of any charges still outstanding on his account. In addition, the customer shall also redeposit with the Town an amount equal to his application deposit or the amount of the bill outstanding at the time oftennination, whichever is greater. (f) Service shall not be reinstated until after the customer has paid the service disconnect/reinstatement fee specified in the fees and charges schedule referenced in Section 14-9. (AMENDED 05-10-93) Section 14-32 Termination at Customer's Reouest 14:13 .. - - .,210 HILLS BOROUGH TOWN CODE Chapter 14. Utilities (a) A request that service be tenninated (for a change in occupancy or other reason) shall be submitted to the Water Department (in writing or in person) at least three days before the customer desires the tennination to become effective. (b) The customer shall be responsible for all water consumed up to the time service is tenninated, or until three days following receipt of the request for tennination, whichever occurs sooner. If the amount of the bill based on water consumed is less than the minimum service charge (see Section 14-10), then the customer shall pay the minimum service charge irrespective of whether the period of service covered by this charge is less than a month. (AMENDED 05-10- 93) (c) When all charges for service are paid in full the customer's deposit shall be refunded. The deposit will be refunded pursuant to Section 14-8. (d) The customer shall be entitled to be heard by a designated employee concerning any dispute about the amount ofthe deposit refund. The employee shall infonn the customer in writing of his decision and the reasons therefor as soon as reasonably possible. Section 14-33 Temporary Discontinuance at Customer's Reauest (a) Upon request of a customer, the Town will temporarily disconnect that customer's service for a minimum period of three months. Such a request shall be submitted to the Water Department (in writing or in person) at least three days before the customer desires the discontinuance to begin. The customer shall be responsible for all water consumed up to the time service is discontinued, or until three days following receipt ofa request for discontinuance, whichever occurs sooner. If the amount of the bill based on water consumed is less than the minimum service charge (see Section 14-10), then the customer shall pay the minimum service charge irrespective of whether the period of service covered by this charge is less than a month. (AMENDED 05-10- 93) (b) During the period of discontinuance, the customer shall not be liable for the minimum service charge prescribed in Section 14-10. However, when service is resumed, the customer shall be charged the service initiation fee established in Section 14-9. Section 14-34 Emen!encv Wastewater Suspensions The proVISIOns of this article shall have no application to Emergency Wastewater Suspensions in accordance with Section 14-106(5). Section 14-35 Reserved Article V INTERRUPTIBLE WATER SERVICE Section 14-36 Purpose for Establishment of Interruptible Water Service and Reduced Rates (DELETED 10-09-2000) Section 14-37 Elil!:ibilitv for Interruptible Service (DELETED 10-09-2000) Section 14-38 Contract for Interruptible Service (DELETED 10-09-2000) Section 14-39 Establishment of Interruptible Rates (DELETED 10-09-2000) Section 14-40 Curtailment of Service (a) Whenever a stage four water shortage danger goes into effect under the Town's "Ordinance Providing for the Conservation of Water During a Water Shortage, Restricting the Use of Water, and Allocating Augmented Streamflow From County Reservoirs" adopted by the Board on July 7, 1986 (the "Water Conservation Ordinance"), all interruptible subscribers shall be subject to a daily water consumption limit equal to 50% of the subscriber's average daily consumption. This limit shall be effective until the stage four condition is lifted in favor of a less serious water shortage condition. (b) Whenever a stage five water shortage emergency goes into effect under the Water Conservation Ordinance, all interruptible subscribers shall be subject to a daily water consumption limit equal to 10% of the subscriber's average daily consumption. This limit shall be effective as long as the stage five water shortage emergency, or any more serious water shortage condition, continues. (c) The Town shall give interruptible subscribers 24 hours notice of the effectiveness of the limits described above. (d) The tenn "average daily consumption" shall 14:14 .. - - " .211 HILLS BOROUGH TOWN CODE Chapter 14. Utilities mean the total consumption of the subscriber over the six most recent billing periods divided by the total number of days in those six periods. Section 14-40.1 Water Shortal!:e and Withdrawal/Conserva tion Restrictions (a) While water is flowing over the Lake Orange spillway and the Eno is flowing at greater than 10 cfs, normal conditions will be deemed to exist with no withdrawal or conservation restrictions to be enforced. A water shortage shall be declared to exist with respect to Lake Orange, whenever the level of Lake Orange reaches the second of six stages shown on Table 1, when the flow in the Eno River has been less than 10 cfs for 7 consecutive days, or whenever emergencies develop such that citizens cannot be supplied with water to protect their health, safety and welfare without curtailing the water demand. Conservation measures shall be instituted upon reaching the alert stage and made more restrictive through successive stages of drought in an effort to prolong the availability of water. (b) In the event ofa water shortage in Lake Orange or diminished streamflows in the Eno River, the Mayor is authorized, empowered, and directed to issue a public proclamation declaring to all persons the existence of such state and the severity thereof, and place in effect the restrictive provisions authorized in Section 14-40.3 of this ordinance. (c) Any car wash business (i.e., a business involved primarily in the washing of cars, trucks or other vehicles) , whose operations are suspended through the operation of the mandatory water restrictions set forth in this Ordinance shall be entitled to credits on its subsequent monthly bilIs in accordance with the following formula: For each week which such businesses' operations are suspended, that business shall receive a 50% discount on a subsequent monthly water and sewer bill after the restrictions are lifted. For periods of restriction which are less than a week, the amount of the discount shall be determined by multiplying 50% by the number of days of such restriction and dividing the product obtained by seven. Section 14-40.3 Restrictive Measures in Effect at Each Stal!:e of Water Shortal!:e The severity of the water shortage shall be determined by the in stream flow of the Eno, emergency, or the level of Lake Orange as shown on- Table I. (a) In the event that the flow in the Eno River is less than 10 cfs for seven (7) consecutive days or the water level of Lake Orange declines to a stage II elevation of water below Lake Orange spillway, in feet, a stage II water shortage ALERT shall be deemed in effect. When a water shortage ALERT is in effect the following VOLUNTARY water restrictions are imposed: 1. Use shower for bathing rather than bathtub and limit shower to no more than four (4) minutes. 2. Limit flushing of toilets by multiple usage. 3. Do not leave faucets running while shaving or rinsing dishes. 4. Limit use of clothes washers and dishwashers and when used, operate fully loaded. 5. Limit lawn watering to that which is necessary for plants to survive. 6. Water shrubbery the minimum required, reusing household water when possible. 7. Limit car washing to the minimum. 8. Do not wash down outside areas such as sidewalks, patios, etc. 9. Install water flow restrictive devices in shower heads. 10. Minimize use of water used for washing and rinsing dishes. I I. Install water saving devices such as bricks, plastic bottles or commercial units in toilet tanks. ]2. Limit hours of operation of 14:15 .. ". - HILLS BOROUGH TOWN CODE Chapter I 4. Utilities (b) water-cooled air conditioners. In the event the water level of Lake Orange declines to a Stage llJ elevation of water below Lake Orange spillway, in feet, a stage ill water shortage WARNING shall be deemed in effect, and in addition to the restrictions heretofore imposed, the following moderate mandatory restrictions shall be in effect. It shall be unlawful to use water from the Eno River through the facilities of the Town of Hillsborough for the following purposes: l. To water lawns, grass, shrubbery, trees, flower and vegetable gardens except between the hours of6:00 pm and 9:00 pm on Wednesdays, Saturdays, and Sundays. (AMENDED 11-09-98) 2. To fill newly constructed swimming and/or wading pool or refill swimming and/or wading pools which have been drained. A minimum amount of water may be added to maintain continued operation of pools which are in operation at the time the provisions of a stage III WARNING are placed into effect. 3. To operate water-cooled air conditioners or other equipment that does not recycle cooling water, except when health and safety are adversely affected. 4. Limit car washing to the minimum. (AMENDED 11-09-98) 5. To wash down outside (c) 14:16 212 areas such as streets, driveways, service station aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apartments, sidewalks, or patios, or to use water for other similar purposes. 6. To operate or introduce water into any ornamental fountain, pool or pond or other structure making similar use of water. 7. To serve drinking water in restaurants, cafeterias, or other food establishment, except upon request. 8. To use water from public or private fire hydrants for any purpose other than fire suppression or other public emergency. 9. To use water for dust control or compaction. 10. To use water fur any unnecessary purpose or to intentionally waste water. The owner or occupant of any land or building which receives water from the Town of Hills borough and that also utilizes water from a well or supply other than that of the Town of Hillsborough shall post and maintain in a prominent place thereon a sign furnished by the Town giving public notice to the use of the well or other source of supply. In the event the water level of Lake Orange declines to a stage IV elevation of water below Lake Orange spillway, in feed, a stage IV water shortage DANGER shall be deemed in effect, and in addition to the restrictions heretofore imposed, the fullowing severe mandatory water restrictions shall be in effect. It shall be unlawful: .. - ~ 213 HILLS BOROUGH TOWN CODE Chapter 14. Utilities (d) I. To water or sprinkle any lawn. 2. To wash cars. (AMENDED 10-11-99) 3. To water any vegetable garden or ornamental shrubs except during the hours of6:00 pm to 9:00 pm on Saturday. 4. To make any non-essential use of water for commercial or public use, and the use of single service plates and utensils is encouraged and recommended in restaurants. In the event the water level of Lake Orange declines to a stage V elevation of water below Lake Orange spillway, in feet, a stage V water shortage EMERGENCY shall be deemed in effect, and in addition to the restrictions heretofore imposed, the following stringent mandatory water restrictions shall be in effect, and in addition to the restrictions heretofore imposed, the following sever mandatory water restrictions shall be in effect. It shall be unlawful: I. To use water outside a structure for any use other than an emergency use involving fire. 2. To operate an evaporative air conditioning unit which recycles water except during the operating hours of the business. 3. To introduce water into any swimming pool. In the event the water level oflake Orange declines to a stage VI elevation of water below Lake Orange spillway, in feet, a stage VI water shortage CRISIS shall be . deemed in effect, and a system of water rationing shall be put in effect (e) in addition to all previously imposed restrictions. In the event of water rationing in which water will be supplied in the minimal quantities required for the health, welfare, and safety of the citizens in accordance with a program determined by the Town of Hills borough. I. It shall be unlawful to fail to act in accordance therewith or use water in any manner or attempt to evade or avoid such water rationing restrictions. 2. Fire protection will be maintained, but where possible tank trucks shall use raw water. Section 14-41 Violations (a) The Town shall enforce the limits established by this Article by reading interruptible subscribers' meters as often as the Town deems necessary and, if necessary, terminating service to interruptible subscribers. (b) An interruptible subscriber shall be in violation of this Article ifany meter reading indicates cumulative consumption in excess of the average daily consumption limits which have been applicable to the subscriber since the effectiveness of such limits. Example: An interruptible subscriber has an average daily consumption of 100,000 gallons per day. If the stage four, fifty percent limit was in effect for five days and the stage five, ten percent limit was in effect for five days, and if the meter was read after ten days of effectiveness, the subscriber would be in violation if the meter showed consumption of more than 300,000 gallons. 5 days x 50,000 gallon limit = 250,000 gallons 5 days x 10,000 gallon limit = 50.000 gallons 300,000 gallons (c) Upon any violation of the prescribed limits, the Town may suspend water service to the subscriber as long as the stage four water shortage DANGER, or any more serious water shortage condition, continues. 14:17 .. - ~ 214 HILLS BOROUGH TOWN CODE Chapter 14. Utilities Section 14-41.1 Penalties a) A violation of any of the provisions of this ordinance shall constitute a misdemeanor, punishable by a fine not to exceed $50.00 or imprisonment not to exceed thirty days, as provided by N.C. General Statutes Section 14-4. b) A violation of any of the provisions of this ordinance shall also subject the offender to a civil penalty of$1O.00 for violations during stage ill, $25.00 during stage IV, and $50.00 during stage V and stage VI. Ifa person fails to pay this penalty within ten days after being cited for a violation, the Town may seek to recover the penalty by filing a civil action in the nature of debt. c) The Town may seek to enforce this ordinance through any appropriate equitable action. d) Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense. e) With respect to customers of the Town's water system that are located outside the Town's Corporate Limits, and who are therefore not subject to the penalties set forth in Subsection a) and b) above, the Town may discontinue service to such customers upon a determination by the Board of Commissioners that any such customer has violated the provisions of this Ordinance. f) The Town may seek to enforce this ordinance by using anyone or any combination of the foregoing remedies. Sections 14-42 throueb 14-43 Reserved Subchapter III - Connections to the Water and Sewer System Article VI CONNECTION TO THE WATER AND SEWER SYSTEM WHERE SERVICE IS A V AILABLE Section 14-44 Connection Reouired (a) Every person who owns unimproved property within the corporate limits of the Town shall be required. at the time such property is improved, to connect such improved property to the public water and sewer systems unless service is not available (as defined in subsection (e)). (b) Every p~rson who owns property within the Town that is improved on the effective date of this chapter but that is not connected to the Town's sewer system shall connect to this system within 30 days after being notified by the Town to connect such improved property. The administrator shall send such notice only if he determines, after consulting with the Orange County Health Department, that the property in question is not being served by an adequately functioning ground absorption sewage disposal system. (c) Ifboth water and sewer service are available to a lot within the Town, then a customer on that lot, who receives water service must also pay for sewer service, even if the customer chooses not to connect to the sewer system. (d) Ifboth water and sewer service are available to a lot, then no new connection may be made onto the sewer system unless a connection is also made onto the water system. (e) For purposes of this chapter, water or sewer service (respectively) is "not available" if the building or structure to be served on the property is located more than 100 feet from an existing public water or sewer line that reasonably could serve such property. In addition, no property owner shall be required to connect to the public water or sewer system if he must first purchase an easement in which to install water or sewer lines. (f) As used in this section, the term "improved property" means property that has been developed for any use that requires a supply of water or the availability of sewage treatment or disposal facilities. Section 14-45 Permit for Connection Reouired No person may connect or be connected to the water or sewer system of the Town until a permit for such a connection has been issued pursuant to this article. After connection in accordance with this article, service may be initiated in accordance with procedures set forth in Article IT of this chapter. For non-residential and multi-dwelling developments, it shall be unlawful to begin construction of buildings or project infrastructure until a Construction Permit has been issued by the Town Engineer. This permit will be contingent upon approval of the final development plans for the project by the Town Engineer, execution of a water and sewer agreement (if applicable), and the ascertaining of all necessary permits for construction by other agencies. Section 14-46 Application for Connection Permit 14:18 .. - ~ 215 HILLSBOROUGH TOWN CODE Chapter 14. Utilities (a) Every application for a water or sewer connection shall state the name of the owner of the lot, the name of the street on which the lot is situated, the number of the building if there is one on the lot, or ifnot, a description of the location of the lot, the number and kind of the connections desired, the character of the surface of the abutting street and any other additional information required by the administrator. Every application shall be signed by the person making the application. (b) Every application for connection shall be accompanied by' applicable fees in accordance with Appendix A and the fees and charges schedule referenced in Section 14-9, except that the Town may waive capital facilities fees and perpetual maintenance fees related to or resulting from extensions or improvements to the Town's water or sewer system funded in whole or in part by grants made to the Town or Orange County under the Community Development Block Grant Program. (c) No permit shall be issued for water and sewer connections until after the administrator has made an on- the-premises inspection of the real property identified on the application and has determined the type of connection required. If this examination reveals that a different type of connection is required than that applied for, any additional fees must be paid by the applicant before a permit may be issued. Section 14-47 Reiection of Permit Application Upon application for a connection permit the Town may reject the application and decline to provide service for the following reasons: (1) The provision of service to the applicant will adversely affect the supply of water to other customers or will adversely affect the Town's sewage treatment capabilities. (2) Other good and sufficient reasons. Section 14-48 Construction of Connections (a) Water Connections: (1) Subject to Section 14-50, when a permit has been issued by the Town for a connection to an existing water line, the Town, either with the use of Town forces or by contract, shall do the excavating, lay the pipe, install a meter and meter box, make the connection to the main, fill the excavation and replace the surface of the street. Every effort shall be made to make the connection within three days after a permit to connect has been issued under Section 14-46. (2) The water meter is normally placed on the customer's property adjacent to the property line. Under unusual circumstances, a customer may request a different location, but the final decision regarding location lies with the Town. The customer shall furnish and maintain a private cut-off valve on his side of the meter. (3) The customers piping and apparatus shall be installed by a qualified plumber at the customer's expense in accordance with all applicable building and plumbing codes and the Town's regulations and in full compliance with the sanitary regulations of the State Division of Health Services. (4) Piping on the customer's premises shall be so arranged that the connections are conveniently located with respect to the Town's mains. (5) Residential customers shall have at least a 3/4 n water line between the meter and the dwelling unit. Commercial and industrial line systems will vary with the type of business and meter size. (b) Sewer connections: (1) Subject to Section 14-50, when a permit has been issued by the Town for a connection to an existing sewer line, the customer shall arrange for a qualified person to do the excavating, lay the pipe and make the connection to the Town's sewer line, all at the customer's expense and in accordance with applicable building and plumbing codes and in full compliance with sanitary regulations of the State of North Carolina. A clean-out shall be installed on the customer's property at the property line. The Town's designated representative shall be present at the time the connection is being made to the Town's sewer line and shall inspect and approve the entire installation before it is buried. The person doing the work shall then fill the excavation. (2) Whenever it is necessary to cut a paved 14:19 .. '" ~ 216 HlLLSBOROUGH TOWN CODE Chapter 14. Utilities Town street to make a connection to a sewer line, the Town will restore the pave- ment. The customer will be charged a fee to cover the cost of pavement restoration. (3) Piping on the customer's premises shall be arranged so that the connection is conveniently located with respect to the Town's mains. (4) Residential customers shall have at least a 4" sewer line between the Town's sewer line and the dwelling unit. Commercial and industrial line systems will vary with the type of business and water meter size. Section 14-49 Separate Connections Reauired for Each Lot (a) For the purposes of this chapter, "lot" shall mean a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed, deed of trust or a recorded map, and which is recognized as a separate legal entity for purposes of transfer of title. (b) There shall be for every lot to which water or sewer service is available: (I) A separate connection with the water main of the Town and a separate service pipe, tap and meter; (2) A separate connection with the sewer main of the Town. Section 14-50 Reauirements for Connection of Service Where Multiple Buildinl!:s are Located on One Lot Where there are multiple buildings or structures situated on one lot and where the lot owner desires to have a common water connection (including a private water distribution system), and a common sewer connec- tion (including a private sewage collection system), he must meet the following requirements: (1) The building or buildings to be served shall be in compliance with all applicable zoning regulations. (2) The building penn it and plot shall show a single owner and shall indicate the complex of buildings to be constructed on a single lot. (3) The applicant shall be required to submit to the Town a site plan showing the prop'osed water and sewer systems. Such plans shall be prepared by a registered professional engineer who shall also provide satisfactory inspection of the work. Such plans shall include: (i) Size of water lines, materials to be used for construction, valve locations and hydrant locations. All construction from the property line to the water meter shall be in accordance with Town standards and specifications. Construction beyond the water meter may be with materials permitted in the plumbing code. All construction shall be performed by either a licensed master plumber or a licensed utility contractor. (ii) Size of sewers and materials to be used for construction. All sewer lines eight (8) inches or larger in size shall be constructed in accordance with Town specifications and standards. All sewer lines smaller than eight (8) inches shall be constructed in accordance with the plumbing code. All construction shall be performed by either a licensed master plumber or a licensed utility contractor. (4) No connection to the Town's system shall be allowed unless the lines to be connected have been installed in accordance with all applicable State and Town regulations and requirements. Lines connected in violation of this provision without Town permission may be summarily disconnected by the Town. (5) Should a building served by a common connection be conveyed to a new owner, the Town shall require a separate water and sewer connection from that building to the mains in the street, except in the case of condominium or Townhouse deve- lopments. Section 14-51 Two or More Meters on Sinele Premises When two or more meters are to be installed on the same premises ror different customers, the Town may direct that such meters be closely grouped and clearly labeled as to which customer is served by each. 14:20 .. .. ~ 217 HILLS BOROUGH TOWN CODE Chapter 14. Utilities Section 14-52 Town Inspection By making application for service the customer agrees that the Town possesses the right to inspect the private water distribution systems, water connections, sewage collection system and sewer connections before they are connected to the Town water and sewer systems. The Town shall be given notice to inspect before the pipes are covered and the systems are connected. Section 14-53 Laterals to Remain Town Property All meters, meter boxes, pipes and other equipment furnished and used by the Town or its contractors in installing any water or sewer connections shall be and remain the property of the Town. Section 14-54 Maintenance of Private Distribution and Collection Systems In addition to the requirements of Section 14-50, all owners oflots on which private water distribution and sewer collection systems are situated shall maintain such systems properly. Failure to maintain the systems shall constitute a nuisance which may be abated using the procedures set forth in Sections 11-38 through 11-41 of this code. However, not-withstanding the availability of these procedures, if a lot owner does not respond to an emergency situation where a lack of water or sewer service poses an immediate threat to public health, the Town may summarily abate the nuisance and bill the lot owner for costs incurred by the Town. Sections 14-55 through 14-56 Reserved Article VIl WATER AND SEWER EXTENSIONS Section 14-57 In-Town Extensions to Developed Property (a) Subject to Section 14-61, the responsibility for and initial cost of extending water and sewer service to developed property within the Town shall be borne by the Town. (b) For purposes of this Article, an extension of the Town's water and/or sewer system shall include any and all improvements deemed necessary by the Town to serve the property in consideration of Town-wide and system- wide needs. Necessary improvements may include not only the construction of new lines but also the replacement of existing lines, installation of pump stations, or construction of oversized lines. (c) Extensions shall generally be made only upon request of the owner of the property or properties to be served. However, the Town may make extensions on its own initiative whenever the lack of service poses a threat to public health or safety, or for other good and sufficient reasons. (d) Whenever the cost of an extension to developed property within the Town is initially borne by the Town, the Town will recover the cost to the maximum extent possible by charging front footage fees to benefitted pro- perty owners at the time connection is made. Alternatively, the Town reserves the right to recover the cost by special assessment. (e) It shall be unlawful to begin construction of buildings or project infrastructure until a Construction Pennit has been issued by the Town Engineer. This pennit will be contingent upon approval of the final development plans for the project by the Town Engineer, execution ofa water and sewer agreement (if applicable), and the ascertaining of all necessary pennits for construction by other agencies. Section 14-58 In-Town Extensions to New Subdivisions and Other New Developments (a) Subject to Section 14-61 and the remaining provisions of this section, the Town shall allow extensions (as defined in Section 14-57(b)) to new developments within the Town upon the request of the developer or owner, and the responsibility for and cost of such extensions shall be borne by the requesting party. (1) The Town will refund to the developer all front footage fees required to be paid to the Town by all abutting property owners who tap directly onto the extension constructed by the developer for the first ten years after construction on the extension is completed. (2) If the Town requires lines to a subdivision or other new development that are larger than those necessary to serve the project for purposes of system-wide management and long range planning, the Town shall reimburse the developer for any additional costs incurred as a result of installing such oversized lines. (3) Where a proposed development of 14:21 . . . ~18 HILLSBOROUGH TOWN CODE Chapter 14. Utilities property located within the Town necessitates a replacement, upgrade or expansion in size or capacity of water and/or sewer mains and appurtenant facilities that are already available to serve the property (as opposed to an extension of a line to make service available), and the replacement, upgrade or expansion for the proposed development cannot be constructed at the time requested by the developer under the Towns scheduled and budgeted plan for improvements to the system, the Town may enter into a contract with the owner or developer of such property pursuant to which the owner or developer shall pay some or all of the cost of the necessary improvements. Such contract shall be developed to provide an equitable distribution of the cost of improvements to the Town's system consistent with the policies and fees established in this ordinance and in consideration of the relative burden placed upon the system by the proposed development, the extent to which other Town customers may benefit from the improvement, the extent to which fees may be or have been paid by others for future improvements, and other relevant factors. (4) The total amount to be reimbursed to the developer or subdivider by the Town under . this section shall not exceed the cost incurred by the developer in constructing the extension. (b) Except as specified in Section 14-58(a)(1), any reimbursement or financial participation by the Town pursuant to this section may be effected by a reduction or waiver of capital facilities fees or other means to be determined by the Board of Commissioners. (c) The terms and conditions of any reimbursement or financial participation by the Town pursuant to this section shall be set forth in a written contract or agreement between the Town and the developer or owner of the property for which the extension is to be constructed. Section 14-59 In-Town Extensions Within New Subdivisions and Other New Developments (a) Subject to Section 14-61, the Town shall allow extensions (as defined in Section 14-57(b)) within new developments upon the request of the developer or owner. The responsibility for and cost of such extensions shall be borne by the requesting party. (b) If the Town requires lines within a subdivision or other new development that are larger than those necessary to serve the project for purposes of system- wide management and long range planning, the Town shall reimburse the developer for any additional costs incurred as a result of installing such oversized lines. Such reimbursement may be effectuated by a reduction or waiver of capital facilities fees at the time such fees would be paid pursuant to Section 14-9. Section 14-60 Extensions Outside of Town (a) The Town has no responsibility to provide water or sewer service to property located outside the corporate limits. However, upon request, the Town may allow extensions (as defined in Section 14-57(b)) of its water or sewer lines to serve properties outside the Town when it determines that it is in the Town's best interest to do so. (b) Town approval of extensions to property located outside of the Town's extra-territorial planning jurisdiction shall be in conformity with all applicable County policies and regulations. (c) Any owner of property outside the corporate limits who seeks an extension of the Town's water or sewer system to serve his property may make an application for such extension to the Town. The owner shall provide all information the Town deems necessary to determine whether the requested extension is feasible and in the Town's best interest. (d) Subject to Section 14-61, the responsibility for and the entire cost of extending a water or sewer line to serve property outside the Town shall be borne by the property owner requesting the extension. The cost of extending the Town's water or sewer system shall include the cost of installing oversized lines which may be required by the Town to meet system-wide needs. In addition, the entire cost of extending lines within new subdivisions or developments outside of Town shall be borne by the subdivider or developer. (e) It shall be unlawful to begin construction of buildings or project infrastructure until a Construction Permit has been issued by the Town Engineer. This permit will be contingent upon approval of the final development plans for the project by the Town Engineer, execution of a water and sewer agreement (if applicable), 14:22 . . . .2J.9 HILLS BOROUGH TOWN CODE Chapter 14. Utilities and the ascertaInIng of all necessary permits for construction by other agencies. Section 14-60.1 Extensions to and Within Annexed Property which is Noncontil!uous to the Corporate Limits (AMENDED 03-10-98) Subject to Section 14-61 and the remaInIng provisions of this section, the Town shall allow extensions (as defined in Section 14-57(b)) to and within new developments or subdivisions located in annexed property which is noncontiguous to the corporate limits upon request of the developer or owner, and the entire cost of extending a water or sewer line to serve such development or subdivision shall be borne by the property owner requesting the extension. Such cost shall include the cost of installing oversized lines which may be required by the Town to meet system-wide needs. In addition, the entire cost of extending lines within new subdivisions or developments located in annexed property which is noncontiguous to the corporate limits shall be borne by the subdivider or developer. Section 14-61 Town Participation in Cost of Extensions (a) The Town may participate financially in the cost of extending water or sewer service (for which the Town would not otherwise be obligated, pursuant to the provisions of this chapter, to bear the cost) if the Board of Commissioners finds: (I) Such financial participation appears to be necessary to induce a manufacturing plant or facility to locate within the area to be served by such extension and, such plant or facility will produce new jobs in sufficient numbers to warrant the commitment of Town funds, and the line to be extended will make service available or may be further extended to make service available to more than one person; or (2) The line is to be extended to serve a publicly owned and operated facility (e.g. a school) such that the public interest will be served by the commitment of Town funds. (3) A proposed development of property located outside of Town necessitates a replacement, upgrade or expansion in size or capacity of pre-existing water or sewer facilities, and such upgrade or expansion is also needed to serve property located inside the Town. (4) Extension of the Town=s water and sewer facilities to a proposed development located outside the Town would implement the Town=s long range plans for the expansion of its utility systems and thereby be of substantial benefit to the Town as a whole. (AMENDED 06-29-98) (b) The Towns financial participation pursuant to this section may be effected by crediting all or some of the amount of such participation toward payment of capital facilities fees due from the developer for the development for which the extension of the Town's system is to be made, or other means to be determined by the Board of Commissioners. (c) The terms and conditions of any financial participation by the Town pursuant to this section shall be set forth in a written contract or agreement between the Town and the developer or owner of the property for which the extension is to be constructed. Section 14-62 Reasons for Extension Refusal' The Town may refuse to extend or allow extension of service to property inside or outside the Town in situations where the Town determines that extension of service is unreasonable because: (I) The cost of service extension is excessive in terms of the number of customers to be served or because of topographical, engineering, technical, or other problems. (2) (2) The provision of service will adversely affect the supply of water to other customers or will adversely affect the Town's sewage treatment capabilities. (3) Other good and sufficient reasons. Section 14-63 Extensions ReQuired Within Ril!bts ofWav Water mains shall be extended only within the rights-of-way of publicly dedicated and opened streets. Sewer lines being constructed for direct service to adjoining properties shall also be located within such rights-of-way, except where the topography makes this impracticable. However, in no case will, sewer lines be extended across private property unless adequate permanent easements for such lines have been obtained. Section 14-64 Laterals ReQuired When Lines 14:23 . . . 2.~20 HILLSBOROUGH TOWN CODE Chapter 14. Utilities Extended to Preserve Street Surfaces To preserve road surfaces, whenever the Town instaIls water or sewer line extensions in paved streets within the Town (as weIl as whenever the Town paves unpaved streets where water or sewer lines exist), the Town may instaIl lateral lines to serve undeveloped as weIl as developed properties and may give the owners of such undeveloped properties the option of paying for the lateral instaIlation at the time the work is done or paying the lateral instaIlation fee that is current at the time of connection. Section 14-65 General Conditions Applicable to Extensions Constructed at Developer's Expense (a) The Town may make or authorize extensions or connections to or from any of the improvements constructed at the expense of a developer without permission of the developer. (b) Subject to subsections 14-57(d) and 14-60(e), construction of improvements at the expense of the developer shaIl not relieve the developer of the obligation to pay applicable fees under the Town's water and sewer policies. (c) Construction of improvements at the expense of a developer does not affect the Town's policy with respect to fees to be paid to the Town by property owners other than the developer for connection to or extension of improvements constructed at the expense of the developer. Nor shaIl the developer have any right to coIlect fees from persons connecting onto or extending the improvements constructed. (d) The Town does not warrant that any particular quality, quantity or pressure of water shaIl be applicable to property served by extensions constructed at the expense of a developer. Section 14-66 Specific Conditions to be Satisfied Prior to Constructine: Extensions (a) It is the Town's policy to require that owners of property outside of the corporate limits seek voluntary annexation from the Town before extending the Town's system. . (b) The developer or owner of property req uestmg permission to extend the Town water or sewer system must execute a Town of HilIsborough Water/Sewer Extension Contract which shall be provided by the Town and which shaH set forth specific conditions to be satisfied prior to constructing extensions including but not limited to the foIlowing: (1) The subdivider or developer shaIl engage a registered professional engineer to prepare plans and specifications for the construction of water improvements and/or sanitary sewer improvements to serve the property. (2) The subdivider or developer shaIl secure approval of the construction plans by the foIlowing agencies or authorities, to the extent applicable: the Town the NoM Carolina Department of Human Resources the NoM Carolina Department of Natural Resources and Community Development the NoM Carolina Department of Transportation (3) The subdivider or developer shaIl obtain any necessary encroachment agreements or easements for use of property not owned by the subdivider, developer, or property owner. (c) With respect to developments that will necessitate any extension of the Town's water or sewer systems, no person may begin construction of buildings or project infrastructure until a Construction Permit has been issued by the Town Engineer. This permit will be contingent upon approval of the water and sewer component of the final development plans for the project by the Town Engineer, execution of a water and sewer agreement (if applicable), and the acquisition of all necessary permits for construction by other agencies. Section 14-67 Conditions to be Satisfied After Construction of Extensions Prior to Actual Use of Town's Svstem Before the Town will aIlow water to flow to the property or permit use of the Town sewer system to serve the property, the subdivider or developer responsible for the extension of the Town's system shaIl: (I) Furnish the Town two copies of the record drawings, together with: (a) the contractor's affidavit that the drawings accurately represent the as- built improvements; and (b) a certificate of compliance executed by the engineer of record indicating 14:24 . . . 221 HTLLSBOROUGH TOWN CODE Chapter 14. Utilities that work has been perfonned in substantial compliance with the approved plans and specifications. (2) Convey to the Town and record, or cause to have recorded, in the Orange County Registry all deeds of easement and plats showing all water and/or sewer easements required to serve the project. (3) Fonnally dedicate to the Town all physical improvements constructed to serve the project that is the subject of this contract, which improvements shall become part of the Town water and sewer system and will thereafter be owned and maintained by the Town. Section 14-68 Inspection bv Town of Work Done bv Others (a) All work on the extension of water or sewer lines not perfonned by Town forces (whether inside or outside the Town) shall be subject to inspection by the Town, and no new service line may be covered up until such inspection has occurred. If any line or facility is covered up prior to inspection, the Town may require such line or facility to be uncovered or exposed for inspection at the developer's expense. It; in the judgment of the administrator, there is a demonstrated lack of competent supervision by a contractor, the administrator may at his option: (I) Halt work until approved supervision is obtained and the work done in accordance with Town specifications and requirements; or (2) Provide constant inspection by Town personnel at the expense of the applicant. (b) Inspection of a project by the Town does not consist of or imply supervision. The person requesting the extension is solely responsible for ensuring that the project is completed according to Town specifications (if the work is not done by Town forces) and may be required to rearrange or do over any work to bring it into confonnity with such specifications and requirements. (I) The applicant's engineer shall provide construction stake out and supervision. (2) The Town may req uire any testing it deems appropriate to detennine that the work complies with Town standards and spe- cifications. All such testing shall be at the app'licant's expense. (3) All construction work shall be perfonned by a contractor licensed to perfonn this type of work in North Carolina. Section 14-69 Pump Stations and Perpetual Maintenance Fees (a) Whenever an extension of the Town's sanitary sewer lines is made to serve new development, or connection is made to the system to serve existing development, gravity sewer lines shall be extended rather than force mains unless the Town detennines that (i) the topography is such that the property cannot be served by gravity sewer extensions, or (ii) the gravity sewer would have to be extended such a great distance that it is not financially feasib Ie to serve the property by gravity sewer. Where pump stations are pennitted under any of the exceptions set forth in subsection (b) below for either of the reasons identified in this subsection, connection must be made to a gravity sewer line and pump stations must be abandoned if and when such connection becomes feasible. (b) Pump stations will be pennitted only where gravity lines cannot be used for either of the reasons set forth in subsection (a) above, in any of the following circumstances: (I) the Town's sanitary sewer system is extended to serve new development and the extension requires the installation of a new or the expansion or replacement of an existing pump station intended for dedication to the Town; (2) connection of existing individual lots to existing sanitary sewer lines can feasibly be accomplished only with the use of a privately owned and maintained pump station due to topography or distance from available gravity lines; or (3) the Town's sanitary sewer system is extended to serve new development, all or portions of which cannot feasibly be connected to a gravity line, thus requiring the use of a pump station, under circumstances where it is contemplated that the pump station would not be dedicated to the Town. (c) Whenever (i) the Town's sewer system is extended, and (ii) under this article the cost of extending the system is required to be borne by a developer, and (iii) the expansion involves the installation of a new 14:25 . . . HTLLSBOROUGH TOWN CODE Chapter 14. Utilities 222 pump station or the expansion or replacement of a pre- existing pump station, intended for dedication to the Town, then the developer shall be required to pay to the Town a perpetual maintenance fee before connection of the extension is allowed. The purpose of the perpetual maintenance fee is to establish a fund (i) the revenues from which will be adequate to pay for the expected operation, maintenance, and repair ofthe pump, and (ii) that can be used to help defray the costs ultimately incurred by the Town when pump stations are later replaced by gravity lines. The amount of the perpetual maintenance fee required in any case shall be determined by applying the formula established by the schedule of rates and charges referenced in Section 14-9, and shall be paid prior to construction of the extension with which the pump station is associated. Section 14-70 Dedication of Water and Sewer Line Extensions (a) All water and sewer lines located within public rights of way or utility easements and connected with the facilities of the Town pursuant to this article shall be conveyed to and become the property of the Town upon completion and acceptance by the Town. Connection to the system and acceptance by the Town shall constitute dedication of a water or sewer line extension by the person responsible for the extension. However, connection to the system shall not be permitted unless and until the lines have been constructed and connected in compliance with all applicable State and Town regulations and requirements. (b) Following dedication as provided in subsection (a), the Town shall have exclusive control of all such water or sewer lines and shall be responsible for their maintenance, repair, and operation. However, the conveyor of additions to the system shall guarantee the entire project against defective material and workmanship for a period of twelve (12) months from the date of completion and acceptance ofthe project, including such incidental damages as may arise from such claims. Section 14-71 Payment of Capital Facilities Fees (AMENDED 2-12-90) (a) Except as otherwise provided in subsections (b) and ( c) of this section, where the Town's water and/or sewer system is extended to serve new residential development, the capital fucilities fees set forth in the schedule of rates and charges referenced in Section 14-9 and in Appendix A to this chapter, shall be paid by the developer prior to the construction of such extension. Capital facilities fees for service to all other property shall be paid no later than the time of application for service. (b) Where a development satisfies the criteria set forth in GS 14-61 (a)(I), capital facilities fees for that development may be paid in equal monthly installments over a period not to exceed two (2) years, provided that such payment is secured by a note and deed of trust or other security instrument deemed satisfactory by the Town. The security required in this section shall be conveyed to the Town at the time that payment of capital facilities fees would be required pursuant to subsection (a) above, shall be conveyed by the owner(s) of and shall encumber the property to be served by the water and/or sewer service for which the fees are due. (c) Any person may apply to the Town Manager fur permission to pay capital facilities fees in monthly installments over a period not to exceed twelve months. If an applicant demonstrates extreme hardship, the Town Manager may refer the request to the Board of Commissioners, and the Board of Commissioners may permit such payment and set the monthly amount and payment period (not to exceed twelve months) as the Board deem& appropriate. Section 14-72 Reduction of Capital Facilities Fees (AMENDED 02-12-90) Subject to approval by the Town Board of Commissioners, a developer may obtain a reduction in capital fucilities fees by executing an offer of dedication and conservation easement applicable to property located in floodways, floodplains or other areas which the Town may wish to acquire. Any offer of dedication made pursuant to this section shall be irrevocable for a period not to exceed fifteen (I5) years and shall terminate by its own terms if not accepted by the Town within that period. Ownership of property offered for dedication pursuant to this section shall remain with the developer until accepted by the Town and use of property offered fur dedication shall be limited (unless otherwise specifically authorized by the Town) to the uses as set forth in a permanent, perpetual conservation easement to be conveyed to the Town as provided in N.C.G.S. 121-34~. The property offered for dedication and subject to the conservation easement shall be described with particularity by survey and/or metes and bounds description to the satisfaction of the Town. Acreage included in an offer of dedication pursuant to this section 14:26 . . . .22a HTLLSBOROUGH TOWN CODE Chapter 14. Utilities shall be deducted from the gross acreage of the property for purposes of computing the amount of capital facilities fees to be paid by the developer pursuant to this Chapter. (A copy of a form "Offer of Dedication and Conservation Easement" is attached as Appendix D). Sections 14-73 tbrou2h 14-75 Reserved Article VIll FIRE PROTECTION SERVICE Section 14-76 Fire Hvdrants (a) The developers of subdivisions and un- subdivided developments, whether inside or outside the Town, may be required as a condition of connecting to the Town's water system to install fire hydrants in accordance with Town requirements and specifications. Among other matters, such requirements and specifications may govern the number, location, and type of hydrants required. (b) The Town may contract with a developer to install fire hydrants required pursuant to subsection (a), but in all cases the full cost of providing for such hydrants shall be borne by the developer. (c) Connection to the Town's water system of any hydrant constructed pursuant to subsection (a) shall constitute dedication to the Town of such hydrant. (d) All hydrants located within the right-of-wayofa dedicated street or on other Town property shaIl be maintained by the Town without charge, except that the Town may include a hydrant maintenance charge in the fire protection service fees charged to the county for any area served by the Town outside its corporate limits. (e) No person, other than an authorized representative of the Town, may draw water from or otherwise tamper with any hydrant. Section 14-77 Fire Protection Service Lines (a) Subject to the provisions of this article, the Town may allow fire protection service connections to be made to the Town's water lines. (b) All fire protection service connections shall be made in accordance with Town requirements and specifications and only after the Town has reviewed and approved detailed plans for such fire protection service lines and facilities. Final connection to the Town system shall not be made until the administrator has inspected and approved the installed fire protection system. (c) Private fire protection systems, including standpipes, sprinkler systems, and private reservoir systems, shall be ~onstructed and installed only by persons properly licensed to do the work. Lateral extensions and taps shall be made by the Town, and fees shall be charged therefore as provided in Section 14-9. (d) Backflow prevention conforming to Town specifications shall be installed at such points in the fire protection system as necessary to assure protection of the water supply. Section 14-78 Meterin2 of Fire Protection Service Lines (a) The Town shaIl require the owner of any fire protection line to install at his expense either a detection check valve with bypass meter or a fuIl flow fire line meter. Such a valve or meter may be required upon the initial connection of the fire line to the Town's system and shall be required if the Town subsequently has reason to believe that unmetered water is being lost or used for other than fire protection purposes from any such line. (b) When a detector check meter indicates usage of water for other than fire protection, the owner shall be required at his expense to furnish and install a full flow meter of approved design. Such meter shall be arranged to meter all water supplied to the premises for all purposes, including fire protection. Section 14-79 Fees and Surchal1!es (a) Customers discharging industrial wastes into the town's sanitary sewer system may be subject to surcharges that reflect the additional treatment demands of industrial wastes. Therefore, the amount of an industrial waste customer's bill may depend upon the character and concentration of the wastes discharged as well as the quantity. Charges will be in accordance with the schedule of rates set forth in Section 14-9. (b) The volume of flow used in determining the total discharge of industrial wastes shall be based upon metered water consumption as shown in the records of meter readings maintained by the administrator. (c) In the event that a person discharging wastes into the sanitary sewers produces evidence satisfactory to the administrator that more than ten percent (10%) ofthe total volume of water used for all purposes does not reach the sanitary sewers, then the administrator and the customer may agree to use an estimated percentage of total, water consumption as a basis for calculation of 14:27 . . . HTLLSBOROUGH TOWN CODE Chapter 14. Utilities sewer use charges. Alternatively, the Town may agree to authorize on such premises an additional water meter through which water passes that is not returned to the Town=s sewer system and to charge only a water service fee for this water (and not a sewer service fee). (d) Where a person discharging industrial wastes into the public sewers procures all or any part of his water supply from sources other than the Town, the person so discharging such waste shall install and maintain at his own expense water meters of a type approved by the administrator for the purpose of determining the proper volume of industrial waste discharged to such sewers. (e) The schedule of rates set forth in Section 14-9 may include charges and fees for: (I) Reimbursement of costs of setting up and operating the Pretreatment Program; (2) Monitoring, inspection and surveillance procedures; (3) Reviewing accidental discharge procedures and construction plans and specifications; (4) Permitting; and (5) Other fees the Town may deem necessary to cany out the requirements of the Pretreatment Program. Table I 224 LAKE ORANGE CONSERVATION STAGE DETERMINA TION STAGE 1- NORMAL STAGE 11- ALERT (80% storage) Eno River = 1- cfs STAGE ill - WARNING (70% storage) (60% storage) STAGE IV - DANGER (50% storage) STAGE V - EMERGENCY ( 40% storage) STAGE VI - CRISES (30% storage) Unusable Storage (10% and below) 14:28 Elevation of Water Below Lake Orange Spillway in Inches Full 24 Inches 37 Inches 52 Inches 70 Inches 89 Inches 112 Inches Below I 75 Inches . . . 225 HTLLSBOROUGH TOWN CODE Chapter 14. Utilities Appendix A DESCRIPTION OF WATER AND SEWER SERVICE FEES A-]. One- Time Fees and Charges For Making Water and Sewer Service Available I, Water Capital Facilities Fee Purpose 2, Water Front Footage 3, Water Lateral Installation Charge 4. Water Meter Charge 5, Sewer Capital Facilities 6. Sewer Front Footage 7. Sewer Lateral Pavement Restoration To recover a portion of the capital costs of providing water system facility capacity. Examples: water lines larger than 8", water pumping stations, elevated storage tanks, and water treatment plant. To recover a portion of the costs of installing water mains, hydrants, valves and appurtenances which are necess&J)'to provide water service to abutting properties. (See Section A-2 for limitation on applicability offront fuotage fee), To recover a portion of the Town's cost of extending service from the water main in the street to an individual property. This includes connecting a water lateral to the water main, extending the lateral to the property line, and placing the meter box. It also includes any necess&J)' boring under the street pavement or, alternatively, cutting the pavement and restoring it afterwards. To recover the Town's cost of purchasing and install ing the water meter where the meter is larger than 5/8" (standard residential meter). To recover a portion of the capital costs of providing sewer system fucility capacity, Examples: sewer lines larger than 8", outfull and intercepter sewers of- premises, and wastewater treatment plants. To recover a portion of the costs of installing public sewer mains and appurtenances which are necessary to provide sewer service to abutting properties. (See Section a-2 for limitation ofapplicability offront fuotage fee.) To cover the cost of pavement restoration by the Town were installation ofa sewer lateral requires a pavement cut. The applicant is responsible for installation of the sewer lateral to the sewer mains in the street under inspection by the Town, There is no Town installation charge, 8. Perpetua I Ma intenance To cover the cost of operating, maintaining and repairing a sewage pumping station or lift station which the Town allows to be built for a new property development. The perpetual maintenance fee shall be paid before the construction of the extension of the Town's sewer system with which the pump station is associated, 9. Service Initiation See Section 14-6( c). The service initiation fee shall be waived when the lateral installation fee and meter charge are paid. 10, Water and/or Sewer Availability Review I To cover the actual cost of the Town's nitia! determination as to whether and under what conditions water and/or sewer service can be made available for proposed extensions to the Town's system This fee may be waived by the Town's administrator where the availability review is brief and not costly. I I ,Engineering Review To cover the cost of the Town Engineer's review of plans and specifications for construction of proposed extensions to the Town's water and/or sewer system.' To recover the Town's cost oftesting the pressure and flow in a water line at a particular point. When a request is made for such a test by a private party, the person requesting the test shall be obligated to pay this fee, (AMENDED 06-08-92) A-2. LIMITATION ON APPLICABILITY OF FRONT FOOTAGE FEE Since the Town's records do not accurately disclose precisely at whose cost many existing water and sewer lines were installed and because it intended that the front footage fee is to be applied only prospectively (to lines constructed after the effective date of this ordinance) no front footage fees shall be charged for: (]) water or sewer lines installed before October 19,1987; or (2) water or sewer lines installed after October 19, 1987 at the expense of the developer or 12,Hydrant Flow Test Fee 14:29 . . . 226 HlLLSBOROUGH TOWN CODE Chapter 14. Utilities owner of the abutting property or any successor in title thereto. A-3. Monthly and Recurring Fees (AMENDED 07-09-01) Fee I. Service Deposit 2, Late Penalty 3. Special Meter Reading 4. Meter Test 5, Service Reconnection 6. Meter Replacement 7, Minimum Monthly Service Purpose To provide security for the payment ofal charges by the customer. See Section 14- 8, Penalty charge added to all delinquent accounts. See section 14-13(a). Fee for special meter reading made at the request of the customer. No fi:e will be charged if such special reading discloses that an error prejudicial to the customer has been made by the Town, See Section 14-14( a), Fee Town may charge for tests of meters requested by the customer, No fi:e will be charged if the test discloses that the meter is operating inaccurately in a manner prejudicial to the customer. See Section 12-l2(b). Fee for reinstatement of service when service has been terminated, discontinued or intenupted. See Section 14-31(f) Fee fur reinstatement of service when , meter has been removed for non-payment and unauthorized reconnection, Minimum amount charged for each meter installed commencing when connection is made, regardless oflocation and regardless of whether service is actually used at that time. 8. Intenuptible Water Section Deleted (AMENDED 07-09-01) 14:30 Appendix B SCHEDULE OF WATER AND SEWER FEES AND CHARGES One-Time Fees and Charges For Making Water and Sewer Service Available (AMENDED - 1999-2000 BUDGET) (AMENDED - 2000-2001 BUDGET) Fee Amount I. Water Capital Facilities For residential water customers the water capital fucilities fee is $1 ,650 In-Town and $2,475 Out-of..Town per residential unit. For nonresidential customers, the water capital fucilities fee is the greater of two amounts: (I) an amount based on the gross acreage of the property to be served; (2) an amount based on the size of the water meter. The amount of the fee based on acreage is $1,650 In-Town and $2,475 Out-of-Town per gross acre. Calculations of acreage will be rounded to the nearest tenth of an acre. The term "Gross acre" shall include all of the land extending to the center line of any abutting streets. The amount of a fee based on the size of the water meter is as follows: Water Caoacity Facilities Fees Meter Size In-ffown Out-of-Town 5/8" I" I Ill" 2" 3" 4" 6" 8" $ 1,650 4,125 8,250 13,200 28,050 46,200 92,400 212,850 $ 2,475 6,188 12,375 19,800 42,075 69,300 138,600 319,275 I n the event a customer requests that an existing meter be replaced with a larger meter, credit will be given for the existing meter at the current rates. No rebates of capital IiIcilities fees will be made for decreases in meter size. 2, Water Front Footage A front footage fee ofS15.00 per foot for each separate connection to an existing water main shall be paid by each applicant who wishes to secure service therefrom For a lot abutting two or more water lines, the front footage fee will be calculated on the average length of the sides of the lot abutting the lines. The minimum front footage fee will be $750 (50 feet). . . . HlLLSBOROUGH TOWN CODE Chapter 14. Utilities 3, Water Lateral Where a suitable stulrout fur service has been made at the expense of the applicant or a previous owner of the property and is available, there is no water lateral charge. In any other case, the water lateral charge is $500 In-Town and 1,000 Out- of-Town for service to a 5/8" water meter, For service to a larger meter, the water lateral charge is determined on a time and materials basis. 4. Water Meter For a 5/8" water meter there is a charge of$2oo, For a larger meter the charge is the actual cost to the Town of the meter plus $100 and installation, 5, Sewer Capital Facilities (AMENDED 07~9~1) For residential sewer customers the sewer capital fucilities fee is $1,650 In Town and $2,475 Out-of-Town per residential unit. For nomesidential customers, the Sewer Capital Facilities Fee is the greater of two amounts: (I) an amount based on the gross acreage of the property to be served; (2) an amount based on the size of the water meter. The amount of the fee based on acreage is $1,650 In-Town and $2,475 Out-of-Town per gross acre. Calculations of acreage will be rounded to the nearest tenth of an acre. The tenn "Gross acre" shall include all of the land extending to the center line of any abutting streets. The amount of a fee based on the size of the water meter is as fullows: Sewer Capacity Facilities Fees Meter Size In-ff own Out-of-Town 5/8" $ 1,650 $ 2,475 I" 4,125 6,188 1 112" 8,250 )2,375 2" 13,200 19,800 3" 28,050 42,075 4" 46,200 69,300 6" 92,400 138,600 8" 212,850 319,275 In the event a customer requests that an existing meter be replaced with a larger meter, credit will be given for the existing meter at the current rates. No rebates of capital fucilities fees will be made for decreases in meter sm:. 6. A front footage fee of$20.oo per foot fur each separate connection to an existing sewer shall be paid by each applicant who wishes to secure service therefrom For a lot abutting two or more sewer I ines, the front footage fee will be calculated on the average of the sides of the lot abutting the lines. The minimum front footage fee will be $1,000 (50 feet). Sewer Front Footage 7, Sewer Lateral 8, Water/Sewer Lateral Pavement Restoration 9, Perpetual Maintenance 10. Water and!or Sewer Availability Review II, Hydrant Flow Test Fee 12, Engineering Review (ADOPTED AS PART OF 2000-2001 BUDGE1) Monthly and Recurring Fees Fee I. Service Deposit (AMENDED 1 0~9-95) 14:31 227 Where a suitable stulrout for service has been made at the expense of the applicant or a previous owner of the property and is available to the property line or to the edge of the easement, there is no sewer lateral charge. The actual cost determined on a time and materials basis but not less than $500 In-Town and $1,OOOOut-of-Town. A charge of$125 shall be paid fur pavement restoration for each water and! or sewer lateral installation that requires a pavement cut. The amount, calculated according to a printed fonnula attached as Appendix E hereto, which will, when invested, produce annual interest income sufficient to cover the estimated annual cost of the operation, maintenance and repair of the pumping station fur an indefinite period. The fonnula fur calculation of the perpetual maintenance fee is set furth at the end of this Schedule. The perpetual maintenance fee shall be paid before the construction of the extension of the Town's sewer system with which the pump station is associated, The actual cost to the Town of the availability review shall be bome by the party requesting or proposing the extension to the Town's system for which the availability review is performed. $50.00 for a test perfonned in response to a request; $15.00 for a copy of a previously performed test. (AMENDED 06-08-92) For residential developments the cost of Engineering review shall be as follows: 0-10 Units - $ 100 for WaterLine Review $ 100 for Sewer Line Review II or More - $ 300 for Water Line Review $ 300 for Sewer Line Review For non-residential developments, the fee shall be the same as fur II or more residential units except where the amount and complexity of proposed water and sewer line construction is equivalent to a residential development of less than I I units, Amount Homeowner.;: $25.00 In-Town $50.00 Out-of-Town HlLLSBOROUGH TOWN CODE Chapter] 4. Utilities . (AMENDED 07-09-01) Renters (home or space): $50,00 In-Town $IOO,OOOut-of-Town Fire Hydrant Meter $800 per meter 2. Late Penalty (AMENDED 06-08-92) (pROPOSED AMENDMENT 09-10-01) 3, Special Meter Reading (AMENDED 06-08-92) 4. Meter Test Charge 5, Service Reconnection (AMENDED 06-08-92) (pROPOSED AMENDMENT 09-10-01) W% 15% of the delinquent amount. $10.00 $5.00 ~ $75.00 6. Meter Replacement ~ $75.00 (AMENDED 06-08-92) . (pROPOSED AMENDMEI'o'T 09-10-01) 7. Minimum Monthly Service a. Water The amount that would be charged for 3,000 gallons using the In- Town or Out-of-Town rate, as applicable. (AMENDED 06-08-92) b, Sewer The amount that would be charged for 3,000 gallons, using the In-town or Out-of-Town rate, as applicable, (AMENDED 06-08-92) 8. Interruptible Water Rate Section Deleted (AMENDED 07-09-01) 9, Account Servicing For $1.00 for each 100 coins or Payment Made With fraction thereof that the Town is Unwrapped Coins required to count, in excess of the first $ 10.00 of unwrapped coins submitted in payment of the utility bill. (AMENDED 01-14-91) 10. Monthly Charges a. [n- Town Water $6.36/1,000 Gallons b. In-Town Sewer $5.77/1,000 GaI[ons c. Out-of-To~ Water Double the applicable In- Town rate d. Out-ofTown Sewer Double the applicable In-Town . 14:32 II. Bulk Water Charges (ADOPTED 11-09-98) 22F rate. The amount that would be charged using the Out-of- Town rate with a minimum charge of 3,000 gallons per purchase, No bulk purchases will be allowed once mandatory water restrictions go into effect. . . . 229 l-llLLSBOROUGH TOWN CODE Chapter 14. Utilities C-!. WATER METER CAPACITY FACTORS Appendix C This table shows capacity mctors for diffurent size meters, using the stlIndard 5/8" residential meter as a basis. These capacity mctors are based on the "maximum flow criteria" of the American Water Works Association. Meter Size Capacity Factor 5/8" I" I 112" 2" 3" 4" 6" 8" 10" I 2.5 5 8 16.75 27,5 56,25 85 130 14:33 Appendix D ORANGECOUNTI OFFER OF DEDICA nON AND CONSERVATION EASEMENT NORTII CAROLINA 11iIS OFFER OF DEDICATION AND CONSER VA TION, made this _ day of 19_, by and between of ("Grantor"); and the Town of HiUsborough. Nonh Carolina 27278 ("Town"): OFFER OF DEDICATION Grantor, for good. valuable. and adequate considenllio", does hereby offer for dedication to the town and its successors and assigns for public use, that property more specifica!ly described in Attachment A hereto (anach appropriate legal description). This off... of dedication shaD be i=voeable by the Grantor for. period of not to ex~ fifteen (I S) yoan from the day of exeQItion of this Off... of Dedication and Conservation &sement , If this offer of dedication is not accepted by the Town within the fifteen-year period described above. the off... shall automatica!ly terminate and be revoked as if nev... made. without funh... action or proocedings being initiated by the Grantor, CONSERV A nON EASEMENT Grantor funh... conveys to the Town and its succes>or> and assigns a pennanen~ perpelUaI conaesvation easement pursuant to the Conserwtion and Historic Preservation Agreements Act, N,C,Q,S, Chapter 121. Article 4. Section 121-34. ~ over. upon and through the propef1y more specifica!ly described in Attachment A hereto to main said propef1y in its natural . scenic or open condition and to forlJid or limit, unless ntherwise .pccifica!Iy authorized by the Town, any or all (i) construction or placing ofbu~dings, roods, sign., billboard. or nth... advertising, utilities or nth... structures on or abnve the ground. (ti) dumping or placing of soil oroch... substance or materiaIJ as 1andfiD. or dumping or placing of trash, waste or unsightly or offensive materials. (ill) removal or destruction oflRes, shrubs or other vegetation, (IV) excavation, dRdging or removal of loam. peal, gnivel, soil. rock or other mineral substance in such .I!I manner 85 to affect the surface. (v) surface use except for ~ltural, farming, forest or outdoor ~ purposes or pwposes pennittiog!be land or W1IIer area to remain predominantly in its natural condition. (vi) activities delrimental to drainage, Rood control _er conservation, erosion control or so~ conservation, 01'(-;;) other acts or uses detrimental to such retention orland or water areas. IN 1ES1lMONYWHEREOF, the said Grantor has her.urtlo set its hand and seal !be year and day fim above wrinen, (SEAL) COUNTI OF ORANGE STAlE OF NORTII CAROLINA l ' a Notary Public of the County and State aforesaid, certify that , personally appeared before me this day and acknowIedg<d the execution of the foregoing instrumenl Witness my hand and IlOIIrial seal this_day of ,19_, Notary Public My commission expires: . . . 230 ~~BOROUGHTOWNCODE Chapter 14. Utilities Appendix E Peroetual Maintenance Fee Calculation Formula Determination of Annual Operation, Maintenance and Repair Costs: Where AOM Qp PF Final Calculation: AOM - 3,066(Qp}6J(pF)(OMIII00) + 6,532 (QaIQp) (PC)(Hp) + 12 (FC+DC) OMl - annual opention and maintenance expense in Slyr - pump station capacity in MOO = pump faclDr = pump lDH/lSO Where lDH = pump Total Dynamic Head in feet - EP A Quarterly Indexes of direct Cost for Operation, Maintenance and Repair - Pumping Station Index - average flow contributed by pump station in MGD - Duke Power Energy cost in SlKWH for Iim block ofnlte ochedule - inSlalled pump station honepower with largest pump out of service - Dulce Power Facility CIwge - Duke Po...... Demand Charge: ForHp::4O,13-0 For Hp >40.13 - SlKW (Hp -40,13) Qa PC Hp FC DC Determination of Perpetual Maintenance Fee: PMF - AOM (pIA, I, INF) Where: PMF - A Perpelual maintenance Fee in S (p/A,l,INF) - Series.PresentWonh Factor = 1001I in 0/. Where I - IE-IR Where: IE -IntelCSt rue earned on Town ofHi1bborough Deposited Account IR :0 Most recent annual operation and maintenances inflation rate as measuml by EPA QuartcIy indaes of Direct Cost for Opemion, Mainteoance and Repair - Pumping Station Index in % 14:34 Appendix F (ADOPTED 06-2t-99) TECHNICAL SPEClrlCA TlONS ror WA TER & SEWER SYSTEMS ~ Piping shall be Ductile Iron Pipe (DIP) Class SO cement mortal' lined inuriodasphaltic coated exterior, A WW A C900 PVC (3= and larger), or Class 200 PVC (less than 3=). Bedding shall be as recommended by the manufacturer, with stone bedding<<quin:d Ib<PVC pipe, Mar1cing tape shall be requirtd on all non-melallic water pipelines, Detcc:table mell!lic marldng tape shall be EmpiJe ThorTec or equal, The tape shaIJ bear the printed identi6calioo ACaution Water Line Below:;. and shall be 2 inches or greater in width, Hydrants shall be 5 3=. dry-llarre1, A WW A C502, as manufactured by Clow (Medallion), Mueller (Super Cmturion), orequal, Spacing shall be 500 to 700 f.... between hydlants, An RPZ bacldlow prevention device is requirtd for all commercial or industrial services (unless requirement is waived on a case-by-<:ase basis), A dual check valve assembly shall be installed after the meter for all services not requiring an RPZ. All water piping shall be pressure tested to ISO psi (A WW A C6(0) and then shall be sterilized by chlorination in accordance with NCDENR and A WW A COOl requiremmts, Additional construction and material requirements are shown on the Town detail sheets available from the Town Engineer. ~ Gnvity Sewer piping shall be Ductile Iron Pipe (DIP) Class SO cement monar lined interiod asphaltic coated exterior. 01' SDR 35 PVC, Sewer force main piping shall be DIP Class SO or Class 200 PVC, Piping deeper than 16 feet shall be DIP, Bedding shaIJ be as """""lII(I[Ided by the manufilclurer. with stone bedding requiRd for PVC pipe. Mamngtape sha1I be required on all non-metallic sewer pipelines, except oanitary sewer mains where manboles will be..posed at both ends of the pipe aegment Detcc:table metallic marldng tape shall be EmpiJe ThorTec 01' equal, The tape shall bear the printed identification ACaution Sewer Line Below:;. and shall be 2 inches or greater in width, Cored holes with rubber boots sbaIJ be requiRd for manholes and pump stations where pipes are inserted, All new manholes shall be \'1IQIum tested to 10,6:; Hg, with less than 1= loss acceptable in the I" minute. All ~ sewer and for<:< mains shall be pressure tested to SO psi above system pressure (A WW A C6(0), Additional construction and material requirements are shown on the Town detail sheets available from the Town Engineer, SEWAGE PUMP STATIONS: Shall be duplex submmible style, unless approved otherwise, Motors shall be minimum of 5 hp, and must be 3 phase, 60 Hz. Pumps shaIJ be non-clog =trifugaJ pumps, unless approved otherwise, Grinder pumps shaIJ only be approved whm oonditions pn:dude other sdoctions, All guide rails, fasteners, and misccllaneous metals inside the wet well shaIJ be stainless sted, Access ladders shall be aluminum 01' stainless steel. Piping inside the _ \WIJ shall be llanged ductile iron or stainless sted, Wet well vent shall be flanged ductile iron pipe with a sa<ened outside end, A yard hydlant connecled to potable water shall be installed II the pump station site, unless approved otherwise. Access hatches shall be hinged and lockable, with stainless sted or aluminum frame, and 3= thick aluminum diamond plate door(s), All hardware and hinges shall be stainless sted, A stainless sted portable jib <nne and boist shall be provided with a minimum capacity of 500 pounds or 125% oflbe pump weigh~ whichever is greater, Provitions for mounting and use oflbe cnne and boist sha1I be provided at the pump station, All new pump stations shall have permanent on-site standby power with tUDtransfa- switch and autodialerlSCADA tdemetJy equipment installed, Geoenltor shaIJ be sized to openIle botb pumps simultaneously and stan the lag pump while the lead is op<IlIling Pump station sites sha1I include chain link fencing (6 feet high, topped with 3 stnmds ofbOlbed wire). AItemate fencing materials may be requirtd based on individual site conditions, Padlocb shall be provided for the gale, electrical panels. and access halch(es) and shall be keyed to the Town=s system. All dectronic equipment shall be Y2K Compliant. and documentation must be provided, Additional conSlJuction and material requirements are shown on the Town detail sheets available from the Town Engineer, EASEMENTS: Easements shaIJ be a minimum of 20 f.... wide for a single utiJity pipeline. For multiple lines, easement shall provide a minimum of 10 feet c1e&rm1CC on either side ofeach pipe . . . " J ,I. RESOLUTION CONDEMNING THE ACTIONS OF THE TERRORISTS ON SEPTEMBER 11, 2001 AND SUPPORTING THE PRESIDENT OF THE UNITED STATES OF AMERICA WHEREAS, on September 11, 2001, the United States of America was suddenly and brutally attacked by foreign terrorists; and WHEREAS, these terrorists hijacked and destroyed four (4) civilian aircraft, crashing two (2) ofthem into the towers of the World Trade Center in New York City, and a third into the Pentagon outside Washington, DC; and WHEREAS, thousands of innocent Americans were killed and injured as a result of these attacks, including the passengers and crew of the four (4) aircraft, workers in the World Trade Center and in the Pentagon, rescue workers, and bystanders; and WHEREAS, these cowardly acts were by far the deadliest terrorist attacks ever launched against the United States, and, by targeting symbols of American strength and success, clearly were intended to intimidate our nation and weaken its resolve; and WHEREAS, these horrific events have affected all Americans. It is important that we carry on with the regular activities of our lives. Terrorism cannot be allowed to break the spirit of the American people, and the best way to show these cowards that they have truly failed is for the people of the United States and their counties to stand tall and proud. NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of the Town of Hillsborough, North Carolina condemns the cowardly and deadly actions of these terrorists; and BE IT FURTHER RESOLVED, the Board of Commissioners of the Town of Hillsborough, North Carolina support the President of the United States, as he works with his national security team to defend against additional attacks, and find the perpetrators to bring them to justice and urges its citizens to support relief efforts by giving blood at the nearest available blood donation center. This the 24th day of September 2001. Horace H. Johns , Sr., Mayor Town of Hillsborough ~ . . - ^2' 32 AN ORDINANCE AMENDING CHAPTER 6, MOTOR VEIDCLES AND TRAFFIC APPENDIX A, SECTION 6A-12 OF THE IDLLSBOROUGH TOWN CODE The Board of Commissioners of the Town of Hillsborough ordains: SECTION 1. All section references below refer to the Town of Hillsborough Code, Chapter 6 Appendix A, Section 6A-14 Parking Prohibited at All Times. SECTION 2. Section 6A-14 Parkin!! Prohibited at All Times In accordance with Section 6-24, Parking is prohibited at all times along the following streets or portions of streets: On Street Side From To Pond Lily Circle Cul-de-sac Driveway to Magnolia Place Sewage Pump Station Pointe Place Cul-de-sac Driveway to Cornwallis Hills Sewage Pump Station SECTION 3. All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. SECTION 4. This Ordinance shall become effective upon adoption. The forgoing ordinance having been submitted to a vote, received the following vote and was duly adopted this t t/ #, day of /1f;l!Pml'rz . Ayes: j Noes: -If Absent or Excused 8"" ~~ Donna F. Armbrister, Town Clerk