HomeMy Public PortalAbout09-24-2001 Workshop Session
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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.
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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.
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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
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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
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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)
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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
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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.
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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
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ATTACHMENT 8.A
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Town
of
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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.
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ATTACHMENT 8.B
WORLD PO PULA TION AWARENESS WEEK
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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:
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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.
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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
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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
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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.
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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
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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),
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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
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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
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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
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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
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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
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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