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1991-08-19 RM Exhibits ./ NEW HANOVER COUNTY INTER-OFFICE CONSENT AGENDA DATE: August 19. 1991 ITEM No. / ~ MEMO:i." &>;"=:':~~"l~~::'~~%W*"~':~~'~:~'"*~;:@W:;;:;~~;:':ij;i:j:i:i::1:i::i::;j;jW,:,t,)j;jW:;;::;j';:;l'>.1:;,;;~:,',:::,~';::~'::1:,;i~~~~>=<:l~, ~,%:,,\~ ~,,'::~":~. **,.' ,=< "~ August 8, 1991 MEMORANDUM TO: New Hanover County Board of County Commissioners . ,\:,(/' Mary M. Gornto \{,-\'\~J Deputy County Manager FROM: RE: Change Order Report #21 Period Ending August 8, 1991 AIRPORT T. A. Loving - Change Order No. 1 in the amount of a decrease of ($1,799.85). This change order covers the material type and tree removal. Reagan Electrical - Change Order No. 14E - in the amount of $6,580.00. This change order covers providing and installing a digital message unit to the new fire alarm system. This also covers the testing of unit with system. Southern Roadbuilders - Change Order No. 9 - in the amount of $9,063.06. This change order covers the final adjustments in quantities of this contract. JAIL EXPANSION Ballard McKim and Sawyer - Change Order No. 1 - in the amount of $12,800. This change order covers preparation of contract documents for the work to construction space for 911, emergency management, and replacing existing fire alarm. MUSEUM Sneeden - Change Order P-2 - in the amount of $2,240.00 - This change order covers furnishing and installing a backflow preventor on water main, labor and piping materials required for temporary installation of condensate pump for freight elevator and basement mechanical room, and replacing reduced pressure backflow preventor with a double check valve assembly as allowed by the City of Wilmington. I . County Commissioners Page Number Two August 8 1991 MUSEUM McCarter Electric - Change order E-5 in the amount of $813.00. This change orders replacing keyed switches in switch plate, replacing switches for wall washers, providing intrusion alarm at roof hatch, relocating service light, relocating track lights, adding conduit and wire for reset switch, installing 4 ft. track below Mezzanine and relocating dimmer switch to wall washer. McCarter Electric - Change Order No E-6 - in the amount of $2,673.00 This change orders addition of new exhibit lighting track at main gallery, and full credit to return track specified and delivered to job site. Myrtle Grove Branch Library John Sawyer Change Order No. 1 in the amount of $3,821.50. This change order covers extra services for soil testing with Wilson Engineers and Westinghouse Environmental. John Sawyer - Change Order No.2 - in the amount of $136.00. This change order covers site revisions to the contract. Senior Center Project David R. Polston - Change Order No. 4 - in the amount of $284.80. This change order covers soil testing services for site work. SEWER Dale Todd Well Drilling - Change Order No. 1 - in the amount of $673.00. This change order covers the relocation of well at 109 Sebrell Avenue. Skipper's Well Drilling - Change Order No.2 - in the amount of $4,000.00. This change order covers chemically treating # 1 and #2 wells at the Flemington Well site by installing approximately 100 gallons of chemical and surging well for approximately two days. Espey Huston and Associates - Change Order No. 5 - in the amount of $4,900.00. This change order covers doing some surveying work in the Barnards Creek Area. By cost comparison, the contractor would do this work for $14,000.00, but this firm will do it for $4,900.00. . r . County Commissioners Page Number Three August 8, 1991 SEWER State Utility Contractor - Change Order G-1 - in the amount of $13,807.99. This change order covers revision to outfall line on MH F31.2 to F31.c, drop installation on existing MHF 32.13, concrete driveways to NCDOT specifications, 6" sewer services on sheets 2 and 28, and additional 8" solvent weld pipe laid. MG/nb . . . . . NEW HANOVER COUNTY TAX ADMINISTRATION 320 CHESTNUT STREET WILMINGTON, NORTH CAROLINA 28401-4090 Telephone (919) 341-7131 NEW HANOVER COUNTY SETTLEMENT OF TAX COLLECTIONS FOR 1990 Original Tax Levy Per Scroll Discoveries Added Less Abatements Total Taxes Charged LIsting Penalties Charged Advertising Fees Charged Interest Collected Cost Collected $ 34,610,078.89 2,530,213.97 134,143.42 37,006,149.44 76,263.76 12,906.00 -95.230.52 14,407.59 $ 37,204,957.31 Real Estate Liens* Delinquent Personal Property* Deposited - Wachovia Bank $ 591,821.39 415,530.93 36,197,604.99 -37,204,957.31 $ .00 *Uncollected amounts include $121,873.69 owed by known bankrupt accounts. Respectfully submitted, j)~,-;~Q\ {/,., y-.vV Patricia J. ~yn~~ Collector of Revenue P JR: sw . . . NEW HANOVER COUNTY TAX ADMINISTRATION 320 CHESTNUT STREET WILMINGTON, NORTH CAROLINA 28401-4090 Telephone (919) 341-7131 NEW HANOVER COUNTY FIRE DISTRICT SETTLEMENT OF TAX COLLECTIONS FOR 1990 Original Tax Levy Per Scroll Discoveries Added Less Abatements Total Taxes Charged L~sting Penalties Charged Interest Collected Real Estate Liens* $ Delinquent Personal Property* Deposited-Wachovia Bank $ 044,520.45 83,770.89 - 35,633.12 992,658.22 2.021.07 . 2,215.75 $ 996,895.04 15,666.76 10,634.65 970,593.63 -996,895.04 $ .00 *Uncollected amounts include $931.68 owed by known bankrupt accounts. Respectfully submitted, V ~ c~ ""' A {1~')--./ Patricia J. ~o~ -ZJ Collector of Revenue PJR: sw NEW HANOVER COUNT Settlement of Delinquent Taxes '"j H Q\ Q\ '"j (l) ::l - - (l) '1 rt W N '1 . 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I-' ro Ol rt Ol I-' rtl I-' 0.. -Vt -Vt -Vt -Vt I I f-' f-' f-' N N 00 f-' N 0'\ 1...01...0 V1(XlN+:-- I~ (Xl 1...01...0 0'\ +:--(Xl 0\ 0 f-' f-' O'\\O'.JO '.J 0 f-' f-' 0'\0'\01...0 V1 0 '.J '.J (Xl f-'(Xl (Xl CJ') ro rt rt I-' ro a z -Vt -Vt ro [rj -Vt ::l >-rj:E: rt . H::c: f-' 0 :::0:> V1 V1 +:-- 0 Ii H) [rjz 0'\ 0'\ f-' N 0 t:! t:!0 +:-- +:-- 0'\ f-' N H< +:-- +:-- N '.J V1 rtl CJ')[rj I-' >-3:::0 f-J. O"d :::0 0 '.J '.J 0'\'.J0f-' ::l :::00 0 0\ 0'\ N\DO'.J ..0 HO 0 Ol :t) ro c Oc:::: I-' rt [j) I-' ~.~ ~ ro >-3z ro ::l >-3 n n:r n rt >--<: rt f-J. rt >-3 0 Ol . H) '1 <"' C Ol c..... -, I-' ~ 0 ( I-' -Vt -Vt -Vt ro H) ~ [j) :::0 ~~ [j) f-' f-' f-' "d C 00 N N '1 <: ::l c::r . . f-J. ro 0 . a 00 +:-- V1 0 ~~ f-J. NN (Xl+:-- V1 '1 rt (Xl (Xl ow 1...0 rt . . ro 0 \D \D V1'.JOf-' 0.. 0 NN V1f-'0(Xl ~ -Vt -Vt -Vt >-3 NN f-' +:-- 0 0'\ 0'\ (Xl V1 rt . Ol 00 (XlV1NO f-l 00 o f-'(Xl 1...0 .+:-- +:-- \Df-''.J(Xl >-3 Ol 0 (Xl (Xl (Xlf-'O'.J ~ . 0 V1 V1 V1f-'(XlW OATH OF OFFICE I, Patricia J. Raynor, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the united states and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as Tax Collector of New Hanover County; and that I fill not allow my actions as Tax Collector to be influenced by personal or political friendships or obligations, so help me God. Subscribed and sworn to before me this the 5th day of August, 1991. ~~/ C rk to the Board t. Ii: ' I [I , ii, I!: I:; i 'j II Y,m1c:., ~. {?rJ,V..--J Tax cceYec-tor ( August 1991 State of North Carolina County of New Hanover To the Collector of Revenue of New Hanover County: You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the office of the Tax Administrator and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of New Hanover and this order shall be a full and sufficient authority to direct; require, and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with the law. thisc:S(;t(; day of of New Hanover County cJ€:v! ~ Clerk of the Board of Commissioners of New Hanover County. I, Patricia J. Raynor, Collector of Revenue of New Hanover County, hereby acknowledge receipt of tax books for real estate and personal property for Cape Fear, Federal Point, Carolina Beach, Kure Beach, Harnett, Wrightsville Beach, Masonboro, and Wilmington Townships, for New Hanover County. This~~ day of ~ 1991. V~~\'-<?\ ~ Collector of Rev~u!e ~f~Ne~Hanover County . . . NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 07/31/91 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED ADVERTISING FEES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES REAL ESTATE AND PERSONAL PROPERTY LESS A8ATEMENTS TOTAL TAXES DUE COLL~CTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED C@NSENI AGENDA DATE:August 19, 1991 ITEM No. R 1991 $ ,,00 ,,00 " ".0//0' ',. $ 000 "oa ..00 $ ,,00 ,,00 $ .00 00'0% ;$ 2~7S0~323097 2.904,,50- $ 2.74.7.419,,47 138.062,,25- $ 2.609.357022 5,,03;%; ROOM OCCUPANCY TAX COLLECTIONS 196.398088 JUL 1991 FISCAL YTO 196.398,,88 PRIVILEGE LICENSE COLLECTIONS 80199050 Er4S COLLECTIONS 000 8.199050 000 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY. CITY OF WILMINGTON. WRIGHTSVILLE BEACH. CAROLINA BEACH. AND KURE BEACH TO DATE - $468.3540130 THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY I. 1991" R~~ECTFULLY SUBMITTED. 11"",,)) ~ J""-" 0 Q t1' ;J ..., v 'I'll Jl_ ~ rR.. 1 ," ~ ~ (,"'d ~",,~q;; €'06i._ ~~1\. n (, '-C".<./!~lOi,r PATRICIA Jo r1AjNOR rUJ COLLECTOR OF "'11evENuE " . . . CONSENT AGENDA COLLECTIONS THRU 07/31/91 NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS TE: August 19, 1991 ITEM No. ~ ORIGINAL TAX LEVV PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED 9 1991 $ ,,00 ,,00 000 $ 000 ,,00 $ ..00 000 $ ,,00 ,,00 % $ 52.306026 4.,74- 31.,57- $ 52,,279.,4-3 3,,771048- $ 48.507,,95 7021% THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1" 19910 ~~ECT:~LLY SU.B~ITED. ~o3eyi~ ~o ~ ~y@lF PATRICIA J., ~NOR .. COLLECTOR OF REVENUE INTRODUCED BY: Alan O'Neal, county Manager ." DATE: August 19, 1991 RESOLUTION PROPOSING ACCEPTANCE OF THE OFFER TO PURCHASE REAL PROPERTY LOCATED AT 605 BRUNSWICK STREET LEGISLATIVE INTENT/PURPOSE: This resolution relates to the proposed sale of surplus property jointly owned by the City of Wilmington and New Hanover County, more particularly identified as follows: Parcel No. 048-13-004-011.000 Address 605 Brunswick Street Amount of Offer $700.00 The offeror(s) has agreed to pay the amount(s) indicated above for the' parcel(s) identified. The parcel(s) have been declared surplus by the County Commission and not needed for public purposes. RESOLVED: 1. That pursuant to N.C.G.S. 160A-269, the County Commission does hereby propose to accept the offer(s) to purchase identified herein from the' offeror(s) as indicated. 2. That New Hanover County reserves the right to reject any and all offers. 3. That New Hanover County will retain any deposit posted by the offeror(s) when: a. The offer is withdrawn after posting the deposit. b. The offeror(s) fail to pay the balance of an approved offer, due in cash, within ten (10) days of receipt of a notice by certified mail of availability of the deed of conveyance. 4. The offeror(s) shall deposit the sum of 5% of the total offer immediately following adoption of this resolution. 5. That the Clerk of the Board of commissioners will publish a notice of the offer(s) as required by, N.C G S. 160A 269. ~~:~~:: :~ If, 19LL . . ~JlK~ ATTEST, 'l/ ~ ~~unty Clerk -- . . . Mr. Allen O'Neal County Manager 320 Chestnut Street Wilmington, N. C. 28401 Dear Mr. O'Neal: CONSENT AGENDA DATE: August 19, 19~ ITEM No. 14 CITY of WILMINGTON North Coroli no P.O. BOX 1810 28402 FINANCE DEPARTMENT August 7, 1991 The attached resolution relates to the sale of surplus property owned by the City of Wilmington and New Hanover County, more particularly identified as follows: Parcel Number R0048-13-004-011.000 Address 605 Brunswick Street Amount of Offer $700.00 The resolution proposes acceptance of the offer from Naomi Sutton for the parcel identified above and in the attachment to the resolution. This property has an ad valorem tax value as of 1989 of $1,073.00. The offer will be duly advertised for upset bid. Passage of the attached resolution is recommended. SDB:sws Attachments RECE\VEO AUG 0 7 \99\ Vi. OffICE MINISTRATl 0 AD tl .. NOVER. C . NEW~ :~ "P&;::'~~d~ '~n D. Bridges iJ Purchasing Agent 605 Brunswick Street Surplus Property Purchase Real Property ._- --------.----- ~ \! . ,'0 J.3311lG 110"1:10"" I- \J .... '" l- ll> ~ . ~~-~ ~J(~ .. ofOE. n .., rJ ~ ;.h"-; :: ~l'I:: - := ~~ N .., ~ " :z: ot a: :z: w ... '" Cl :: -~ .. , , , , , " .\1 , I N~ l.- -~~ '- .' I ~ _ I ;: ::: \~. ' -,,- ~~ ~ 5"[\l.(~1' .oriOn"1 ~ ,"[1",(.1:.1' . 6'~'E.f." 1 on " '" .J 0 "" a: C:. u ')/. .,. ~ 4( \'I' ... oJ> ~ ~ . AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF'COMMISSIONERS' The Board of Commissioners of New Hanover County does hereby ordain that Chapter 8, Article II, Fire Prevention Code, and Fire Marshal, is hereby amended as f.ollows: Sections 8-16 through Section 8-20 and Sections 8-22 through Section 8-25 are hereby repealed, in that 'the North Carolina Fire Prevention Code, Volume 5 of the State Building Code, preempts said provisions. Section 8-21, Duties of the fire marshal, is hereby amended as follows: The fire marshal, shall have the duties and authority set forth in the North Carolina Fire Prevention Code, Volume 5 of the State Building- Code, and in. G.S. section 15JA-234. Duties and authority shall include but are not limited to: a) Advising the board on improvements in the fire-fighting or fire prevention activities under the' countyJ s supervision or control. b) Coordinating fire prevention activities under the county's supervision or control. c) Assisting incorporated volunteer fire departments in developing and improving their fire-fighting or fire prevention capabilities. d) Making fire prevention inspections, including the periodic inspections and reports of school buildings required by chapter 115 and the inspections of. day-care facili,ties required by chapter 110. The fire marshal shall not make electrical inspections unless he or she is qualified to do so under G. S. I section 153A-351. ADOPTED this /f.;tlvday of L4~ , 1991. ~~- Fr d Retch n, Chairman Board of Commissioners .-/ - ~I 3i~'" .1..( , " I I I I ,I ~.~. AN ORDINANCE OF BOARD OF COUNTY. COMMISSIONERS NEW. HANOVER COUNTY The Board of Commissioners of New Hanover County does ordain: Then New Hanover County Code lS hereby amended by adding new articles and amending existing articles of Chapter 15, WATER SUPPLY SYSTEM, as follows: SEC. 15-6. PRIVATE WATER SYSTEMS is amended as follows: (af Except as provided for herein, all existing private water systems operating in conformity with the state utilities system governing such systems shall be allowed to continue operations within the areas now served by such system. " (b) Where the county water system pipelines are available to existing private systems, those systems may purchase water from the county system. ( \ The county will const:r;uct the necessary service pipe, proper meter, valving"arid meter vault, to which point the private system must connect. The tapping fee and rates shall be as published and currently in effect. (c) In order to provide all county citizens wi thin that area which might be served by the county system and is served by an existing private water system, all private water systems located within an area which might be served by the county system shall, wi thin five ( 5) years from the date of completion of the county system as available, provide for its customers a water supply of equal quality and f ire protection from a hydrant system which will provide comparable fire \ ~. 'r: J insurance rates to those available to areas served by the county system. (d) Upon the adoption of this chapter, [December 15, 1980], all new proposed private water systems and all proposed extensions to existing private water systems in the county shall be constructed only after approval. of the board. and. shall conform to the then current s.tandard specification for the county water system in all respects. (e) Where owners of private water systems desire to divest ownership to the county, such desire shall be submitted to the board in written, complete detail, including an accurate map of the system including valves, hydrants, services, sizes and. a specification of the materials in the system by location. The board, after conducting, such study and investigation, shall notify the owner of its actions on such request.. Where private systems do not meet county specifications, the board may reject all or parts of such system as not acceptable at its discretion.' No provision is made as to payment for any or all of any system; such shall be open to negotiation where requested in each instance. (f) Private systems located totally within unsubdivided tracts of land cannot be considered for ownership by the board unless adequate easements and rights-of-way are included in the proposal and that acquisition of. such systems appeals to the board to be in the county's best interest. (g) Nothing in this chapter shall prevent property owners in areas served by private water systems from petitioning , I l 2 the board to provide them with a domestic supply and/or fire protection with a fire hydrant system where such service does not exist or where the property owners are desirous of having service from the county system. SCHEDULE OF CONNECTION FEES, WATER RATES AND OTHER FEES 1. General information. Water service will be supplied to a convenient point near t.he street right-of-way line, where a meter, shutoff valve and. meter box will. be placed by the county. Each customer will be responsible for the piping from the meter box to his house. Every effort will be made to locate the meter box in accordance with the wishes of the customer. The customer should be aware, however, that field conditions may prevent location of meters exactly as request.ed. Those customers with a preference should attach a sketch showing the preferred location along the property line and/or mark the location conspicuously on the ground at the desired point. 2 . Connection Fees and. Deposits. (a) During a system construction period, all fees and deposits indicated below' shall be paid at. the time of application and are in effect in the area to be served by the system, prior to the cutoff d.ate to. be fixed by the board. near the end. of the construction period. Service Size '( Pipe-Meter) Initial Connection Fee Water Bill Deposit. Total Fee 3/4 x 5/8 1 x 3/4 1-1/4 x 1 1-1/2 x 1-1/4 2 x 1-l/2 $ 35.00 35.00 50.00 75.00 175.00 $ 15.00 15.00 25.00 50.00 75.00 $ 50.00 50.00 75.00 125.00 250.00 3 ": " service Size Initial Water Bill (Pipe-Meter) Connection. Fee Deposit Total Fee 2-1/2 x 2 300.00 200.00 500.00 (b) When an applicant desires water service after the ini tial connection period has ceased and at any later time, the following connection fees and deposits shall be charged. Service Size Initial Water Bill (Pipe-I>1eter) Connection Fee Deposit Total Fee 3/4 x 5/8 $275.00 $ 25.00 $300.00 1 x 3/4 300.00 25.00 325.00 1-1/4 x 1 350.00 25.00 375.00 1-1/2 x 1-1/4 450.00 50.00 500.00 2 x 1-1/2 550.00 100.00 650.00 2-1/2 x 2 750.00 250.00 1,000.00 Larger At cost + 10% By contract (c) Water rate schedule; bimonthly billing: The water bill shall consist of sum of meter service charge and water usage charges for actual water consumed. (1) Meter service charges: Size of Meter (inches) Meter Service Charge (per two months) 5/8 3/4 1 1-1/4 1-1/2 2 Larger $ 4.25 5.00 6.00 8..00 12.00 20.00 Per contract (2) Water usage charge (to all customers); two months: First 10,000 gallons, per 1,000 gallons - $ 1.25 First 100,000 gallons, per 1.,000 gallons - 1.00 All water above 110,000 gallons, per 1,000 gallons. .75 (3) The minimum rate (bimonthly) for services: 4 {. !l. Size of Meter (inches) Water JI.llowance (gallons/month) Minimum Bimonthly Water Charge 5/8 3/4 1 1.-1/4 1-1/2 2 Larger 3,000 4,000 5,000 10,000 15,000 20,000 By contract $ 11.00 14.00 17.25 28.00 40.75 57.50 (d) Other service fees: ( 1.) For service call to cut on or cut off service: Each call: $5.00 (2) For service call because of nonpayment of water bill: to reinstall $25.00. meter removed (3) For call to change meter in order to test meter accuracy: If meter is found to be accurate: $25.00; If meter is found to be inaccurate: No charge. ( 4) line or meter: For call to repair leak or damage to water service No charge. ( 5) Leaks or damage on. house side of meter are for property owner to correct. SEC. 15-18. DEFINITIONS is amended by the addition of definitions as follows: Applicant shall mean the owner, as defined. herein. Average flow shall mean, the total flow of waste water in gallons during a normal operating ca.lendar day of twenty-four (24) hours, as can be measured over a period of time of ncit less than three (3) months. BODS ( five-day biochemical oxygen demand) shall mean the total quantity of oxygen utili.zed in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius expressed in 5 ~.r","~; ; t- -,- milligrams per liter (mg/l). r: BOD~ shall be determined by standard methods currently approved by EPA/DEM. Building sewer shall mean the pipe from the building to the sewer lateral. The building sewer is usually privately constructed and privately owned.. COD (chemical oxygen demand) shall mean the total quantity of oxygen required for the chemical oxidation of decomposable matter under standard laboratory conditions. COD shall be determined by the standard me.thods currently approved by EPA/DEM. City shall mean the City of Wilmington, North Carolina. Collecting sewer shall mean the pipe which gathers flows from individual buildings or structures and transports the materials to an interceptor or main sewer. Combined sewer shal.l mean a sewer recelvlng both surface runoff and waste water flows. Composite sample shall mean the make1j,p of a number of individual samples, so taken as to represent the nature of waste water or industrial wastes. Connection. or tap shall mean the attachment' of the building sewer to the county's provided access point. to the public sanitary sewer. Constituents shall mean. the combination of particles, chemicals or measurable environmental or chemical. condi.ticins (such as temperature, pH, BODS) which exist in the subject wastes. 6 ....y':.' "~""'-, . ~ ,. Cooling water shall mean the water discharged from any use, such as air conditioning, cooling or refrigeration, during which the only pollutant or constituent added to the water is heat. County shall mean the New Hanover County Board of County Commissioners, or New Hanover County. Cross-connection shall mean any physical connection,or structural arrangement between a public or a private potable water system and any nonpotable source or system through which an unsafe quality of water could flow or siphon from' the nonpotable source to the potable system. Customer shall mean owner, as defined herein, of real property being served by the public sanitary sewer. Debris or debris traps shall mean any device or structure constructed in accordance with pretreatment requirements operated by a. user or customer of the county's waste water system for the purpose of removing particles and undissolved materials from the waste water to be contributed to. the public sanitary sewer. Developed residential. parcel shall mean a residential, parcel, as defined herein, which contains residential units occupied prior to the date of the field survey of the initial sewer system phases as indicated by the district's bond issue within designated areas. Director shall mean the county engineer or his duly authorized deputy, agent or representative. 7 District shall mean New Hanover County Water and Sewer District. Domestic user shall. mean a person who discharges waste water to the public sanitary sewer containing a pollutant strength within the def.ned range for standard strength waste water, containing no constituents at a quantity or concentration prohibited in division 5 of this article, and at a rate of average flow not to exceed fifty thousand (50,000) gallons per day. Domestic waste water shall mean the waste water generated from normal human living processes which have constituent strength within the range defined for "Standard Strength Wastes", and which contain no constituents of a quantity or concentration exceeding the limits stated in division 5 of this article. Normal human living process include waste water from bathrooms and toilets, nonconunercial kitchens, and noncommercial laundries. Effluent shall mean the sewage, water or other liquid flowing out of any basin, pretreatment device, or facility and subsequently entering a public sewer, unless .the context specifically refers to the flow from some other facility. EPA/DEM shall mean the United States Environmental Protection Agency and the Division of Environmental Management, Department of Natural Resources and Community Development, State of North Carolina. Fee schedule shall mean the various fees and classifications listed in division 9 of this article. 8 ';~ ',. Flammable shall mean the nature of material, materials or substances which provides the capability to burn spontaneously or to burn upon exposure to fire, sparks or high temperature, or to burn under conditions found in the city or county waste water collection and city treatment system. Combustible nature of materials and related combustible conditions shall be determined by standard methods currently approved by the Fire Prevention Code of the American Insurance Association, 1976 edition, as revised. Grease interceptor shall mean any device constructed in conformity to the plumbing code [see section 5-5], operated by the customer of the waste water system for removing oil and grease before contributing liquid wastes to the waste water system. Holding tank shall mean any device or structure constructed in conformity with the plumbing code [see section 5-5], operated by a public sanitary sewer customer for the purpose of moderating and controlling flows of waste water to be discharged to a public sewer. Industrial user shall mean a person who discharges to the public sanitary sewer waste water which prior to pretreatment has characteristics, or because of available operations or processes requiring water use, may potentially have characteristics, which conform to any of the following: a pollutant strength greater than standard strength waste water; constituent quantity or concentration exceeding allowable limits 9 defined in division 5 of this article; or an average flow rate exceeding a quantity of fifty thousand (50,000) gallons per day. Industrial waste water shall mean the waste water generated from activities, operations or processes which require water and which add to the water pollutant constituents at a strength exceeding standard waste water strength or at a quantity or concentration exceeding allowable limits defined in division 5 of this article. Industrial waste water surcharge shall mean. the additional charge for service provided to any user of the county's waste water system service area which as effluent characteristics exceeding those of standard strength waste water. Inflow shall mean water other than waste water that enters a sanitary sewer system (inCluding water entering through a building sewer) from sources such as roof leaders, collar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers,.. cross-connections between storm sewers and sanitary sewers, catch basins ~ cooling. towers, storm waters, surface runoff, street wash waters, or drainage. Influent shall mean the waste. waters arriving at the public waste water treatment facility(ies) for treatment. Interference shall mean inhibition or disruption of public sanitary sewers and/or public waste water treatment facilities which. contributes to a violation of any requirement'. of . the city's discharge permit with EPA/DEM. 10 Major subdivision shall mean all subdivisions other thap. those def ined as minor subdivisions in the New Hanover County Subdivision Regulations. Master meter shall mean a meter designed for reading a large number of individual, units, such as in a multifamily project. Meter water shall mean the amounts of water used by the waste water system user during the county's utility service billing periods, as measured by water meters required and approved by the county. Mg/l (milligram per liter) shall mean ratio of weight to volume, and, for purposes of this. article, is interchangeable with ppm (parts per million). Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater. New development shall mean any development or unit which requires a building permit or mobile home permit within the district on or after July 1, 1987. The following shall be exempt from the definition. of new development: 1) If included in a specific phase of the sewer development plan, the unit must have a certificate of occupancy prior to the dates of field survey. The field survey dates are as follows: Phase I Area 1 11-5-84 Area 2 4-1-85 Area 3 7--1.-85 Area 4 10-1-85 11 , , 2) Any development or unit which was assigned its own sewer allocation prior to July 1, 1987. 3) The placement of a mobile home on a mobile home space in an approved mobile home park: provided that all mobile home park "final site development plans" approved after July 1, 1987, shall be defined as "new development" and developers of such plans shall pay treatment plant capacity fees, for each separate mobile home space, at the time of approval of such plans. 4) The expansion of or addition to a single-family residential structure or a single-family mobile home, so long as such expansion or addition does not result in a multi-family structure. Nonresidential. shall mean any commercial, industrial or other parcel not. classif ied as residential. Owner shall. mean the person who holds legal. title to real property. Ppm (parts per million) shall mean ratio of weight to volume, and, for purposes of this article is interchangeable with mg/l (milligrams per liter). Person/persons shall mean any individual, firm, company, partnership, corporation, association.,. group or society, and. includes the state of North Caralina, and agencies, districts, commissions and political subdivisions created. by or pursuant to state law. 12 pH shall mean the logari thrn of the reciprocal of. the weight of hydrogen ions in grams per liter of solution. pH shall be determined by standard methods currently approved by EPA/DEM. Plumbing code shall mean the North Carolina State Building Code, Volume II, Plumbing, 1980 Edition, as revised. Portable toilet waste shall mean domestic wastes from toilets which are not connected to a water source and therefore can not be regularly flushed, generally high in BOD and solids concentrations, and generally found within transportation or recreation vehicles, or are fully enclosed. but constructed in a manner as to be portable for movement between mass outdoor gatherings and construction sites. Pretreatment shall mean physical, biological or chemical treatment applied to waste water, or the processes. utilized for the purposes of pretreatment of waste water to reduce its BODS requirements, suspended solids, oil and. grease, and/or other constituents, prior to discharge of waste water to the public sewer. Public sanitary sewer shall mean a waste water collection pipe or sewer conduit which services all abutting privat.e and public properties and is owned,. controlled, operated.. and maintained by the county; it shall. include all. appurtenances connected and used in. the waste. water collections system. Receiving waters shall mean those waters into which wastes are discharged. Residential parcel shall mean an individually owned parcel of land set aside for residential use and occupancy and 13 .. > containing no more than two (2) residential units which require sewer service. Sampling structure or control structure shall mean an appropriately located structure with easy access by a pickup truck with trailer from which the effluent discharged by a waste water system customer can be effectively measured for flow and. strength by the county, using s.tandard sampling methods. Sanitary sewer or sewer shall mean pipe or conduit for carrying waste water and from which stormwaters, surface waters. and groundwaters are excluded. Septic tank waste or septage shall mean the liquid and partially digested solid domestic was:te that results from the emptying of septic tanks, for which disposal is regulated by 10 NCAC 10, section .1900. Sewer connection fee shall mean the initial charge levied against a public sanitary sewer customer for connection tp the publicly provided access point of the public sewer. Such fee is levied in order to recover capital costs incurred by the county to provide connection. Sewer lateral or service line shall mean a publicly constructed.and owned line which serves as the connection point for pipes carrying customers' waste water to the public sanitary sewer. Sewer laterals are generally located. on or near property lines; however, in. mobile home parks, laterals will be located along roads, drives or easements located within the park. 14 <- . Standard methods (for testing and measuring) shall mean those procedures or methods established and/or currently approved by EPA/DEM. Standard sampling method shall mean the method of collecting and storing individual samples. or composite samples. of waste water for the purpose of laboratory analysis to determine its nature. The methods employed will be those established and currently approved by EPA/DEM. Standard strength wastes shall. mean wastes of any origin having strengths of two hundred fifty (250) mg/l or less 5 of BOD, seven hundred fifty (750) mg/l or less of COD, and/or containing two hundred (200) mg/l or less of suspended solids. Suspended solids shall mean solids that. either float on the surface of r or are in suspension in, water, waste water or other liquid, and which are removable, by laboratory filtering. Total. solids. shall mean total weight measured in mgl.l of all solids, dissolved, undissolved, organic:.or inorganic. Town shall mean Town of Wrightsville Beach, North Carolina.. Toxic constituents shall mean any constituent of wastes, whether gaseous, liquid or solid, which when discharged into the sanitary sewer in sufficient quantities may tend to interfere with any waste water treatment process, to consti.tute a hazard to human beings or animals, or to inhibit aquatic. life or create a hazard to recreation in the receiving waters of the effluent from the sewage treatment. plant. 15 , . Undeveloped residential parcel shall mean a residential parcel, as defined herein, which contains no residential units occupied prior to the date of the field. survey of the initial sewer system phases as indicated by the district' s bond issue within the designated areas. User shall mean any customer of the public sanitary sewer. Waste discharge permit shall. mean a permit to be issued by the city as a necessary condition to being granted, or retaining, a publicly provided access point fOr connection to public sewer for any industrial user or septic tank hauler. Waste water or wastes shall mean a combination of the water carried wastes from residences, commercial establishments., insti tutions, and industrial establishments; these wastes shall be treatable in currently operating, treatment. facili.ties owned. by .the city. Waste water treatment facilities shall mean any arrangement of devices and structures used for treating waste water to an acceptable quality. Water meter shall mean a meter installed to measure water usage from an individual. residential, commercial, industrial or other user. Watercourse shall mean a channel In which a. flow of water occurs, either continuously or intermittently. Within the context of this article, the singular includes the plural, the masculine includes the feminine, "shall" is mandatory, and "may" is permissive. Terms not otherwise 16 defined in this article shall have the meaning as prescribed within .the regulations of EPA/DEM. (Ord. of 6-4-87, Art. II, S17-2; Ord. of 5-5-86, Sl; Ord. of 6-15-87, 2; Ord. of 7-20-87) . DIVISION 3. BUILDING SEWERS AND CONNECTIONS. SEC. 15-36. APPLICATION PROCEDURES' FOR REQUIRED CONNECTION is amended as follows: (1) Upon notification by the County that the public sani tary sewer is available to a residential or nonresidential parcel, the owner of such parcel shall. make application for connection to the sewer, which must be made within six (6) months of notification, as follows: (a) If the owner is a resident of the County: ( 1) The. owner must apply, in person, to the New Hanover County Water and Sewer District, 414 Chestnut Street, Wilmington, N.C. ( 2) The owner must complete and sign all requir~d forms and all required fees, as specified in division 9, must be paid at time of application. (3) All required fees must be paid, as discussed above, prior to the issuance of any permit by the Inspections department. (b) If the owner of a residential or nonresidential parcel resides outside of the county, and. a contractor or other. party will be obtaining a permit on behalf of owner, the following application procedures will be required: 17 '~ .', ( 1) Upon payment of all required fees r including the service deposit, the contractor or other party may obtain a permit on behalf of the owner. ( 2 ) The contractor or other party shall provide the mailing address of the owner so that all required documents may be mailed directly to the owner for completion. A service fee of $5.00 will be charged to cover the cost of mailing t.he documents. (3) The owner must complete, sign and have notarized all required documents and return them to the Water and Sewer District Finance Office, 414 Chestnut Street, Wilmington, N. C. 28401, within. .thirty (30) days from the date of the cover letter. ( 4) If all required forms are not returned within thirty (30) days ,the Certificate of Occupancy will not be issued. (5) At which time, Inspections requires a clean-out inspection of the sewer system for the residential or nonresidential parcel, in order to issue a Certificate of Occupancy, the inspection will not be approved until such time as the owner submits all documents to the Water and Sewer District, Finance Officer. (c) The owner shall be responsible for all fees until such time as writ.ten notice of transfer of ownership of the property is made. Upon notification of a change. in ownership, a new application shall be made by the new owner. (2) If a residential or nonreside.ntial parcel is located in a phase of the public sanitary sewer development plan,. but the public sanitary sewer is not yet available. to' the parcel, the 18 treatment plant capacity fee, if applicable, must be paid prior to issuance of any permit by the Inspections department. The owner I s signature is not required for payment of the treatment plant capacity fee, however the owner's signature will be required when the public sanitary sewer 1S available to the parcel and all other fees become due. SEC. 15-90. PROCEDURE FOR REQUIRED. CONNECTIONS is amended as follows: (a) Notification by county: When, in the opinion of the director, a public sanitary sewer becomes available to a property or properties served by a private waste water disposal system, or when. a public sewer becomes available to a noncounty sewage collection system, the director shall provide writ.ten notice to the owners of such property or properties. The notice shall include the following: (1) A statement that the property owner is required to make connection to the county's sanitary sewer system within six (6) months of the date of the notice, unless waiver is obtained pursuant to section 15-30 herein; and (2) A statement summarizing the applicable connection procedures as more fully described in section 15-93 for private. sewer systems, and. subsection. (b) of this section for all other persons; ( 3) A statement summarizing the applicable one-time sewer charges and applicable user charges, as more fully described in the fee schedule, which statement shall include a review of any payment or billing options available to the owner 19 " and user and shall notify the owner of time. deadlines for choosing options; and (4) A statement sununarizing the penalties for failure to comply with this division. ( 5) A statement summarizing the application procedures, as specified in section 15-36, for obt.aining . the required connections discussed herein this division. (b) Installation of the. connection.: Most connections will require the construction and addition of a building sewer, a connection and a water meter. The responsibilities for provision of these elements are separately discussed below. ( 1 ) Building sewer: The sewer owner is solely responsible for connecting. the building sewer or sewers which cormec.t each building to the public sanitary sewer. Further requirements concerning bu~lding sewers are stated in division 3 of this article, section 15-37 et seq. (2) Connection: Upon the owner's payment of a sewer service connection fee pursuant. to the fee schedule, the district will provide a sewer service connection which will provide the owner's building access to the sewer lateral. Further requirements concerning connections are stated. in division 3 of this article and in the fee schedule. (3) Water meter: Except in cases where the owner is eligible for an elects flat rate billing., per the fee schedule, a meter must be installed to measure the owner's water usage. Excepting flat-rate owners, the County will install one (1) meter per parcel. Owners who request one-inch meters should understand 20 . . that they will be billed at nonresidential. rates for such sel"vice. In no event will the County install, or read for billing purposes, more than one (1) meter per parcel. However, . any owner may install one (1) or more master meters for sewer billing purposes. The type, location, method of installation, and brand(s) of meters must be approved by the district prior to installation. ( 4) Sewage meter: In certain cases the. district may require the owner to install and pay for a sewage meter in lieu of a water meter; such installation shall be in accordance with plans and specifications approved by the district. SEC. 15- 93. ACCEPTANCE PROCEDURES FOR ALL SEWER SYSTEMS is amended as follows.: Written application shall be made to the County by the owner who intends to construct sewer improvements in the district after July 1, 1987; offer previously constructed sewer improvements in the district for county acceptance; or construct an extension ln the district connecting his or her sewer system to the county system. All such applications and all such sewer improvements constructed and. connected to the county's sewer system shall be subject to the following requirements: (a) All sewer systems shall be designed and constructed in conformance with the system as designated by the county. (b) The applicant shall employ a competent engineer at its expense to prepare plans. for the proposed sewer improvements. The engineer shall be registered in the State of North Carolina. 21 . " ~ Base sheets and. one (1) set of technica.l master specifications provided by the county at cost will be used to prepare the sewer construction documents. (c) The completed plans and specifications' shall. be submitted to the county for review and approval prior to submittal to other agencies. Approval of plans and specifications by the county does not relieve the applicant from obtaining any and all approvals. necessary for the construction of said sewer project. (d) The county shall have the authority to release plans and specifications approved by the engineering department for construction. By the adoption of this division, the county authorized the director to approve final "as-built" documents and accept sewer systems, rights-of-way and other elements as offered. Applications to other agencies shall be submitted in the name of the New Hanover County Water and Sewer District. All application fees will be paid by the applicant.. ( e) The. applicant shall engage a licensed and reputable contractor, acceptable to and approved by the county, to construct the proposed sewer mains and appurtenances.., ( f) The county shall inspect the sewer mains and appurtenances during and after construction. Prior to placing sewer equipment in service, the applicant shall satisfy the county that the sewer mains and appurtenances were build in accordance with the approved, plans and specifications.. The applicant's engineer will certify in writing that infiltration rates are within the limitations required in the specifications. 22 .. ... (g) The applicant' s engineer will modify the original approved drawings as necessary to provide accurate reproducible as-build drawings to the county upon completion of construction of the sewer lines. (h) Through appropriate legal documents such as deeds and recorded plats, the applicant shall offer to dedicate to the county all sewer equipment and all easements, rights-of-way or fee simple parcels on which said sewer equipment may be located. When applicable, encroachment agreements must be obtained from public au.thorities prior to the corrnnencement of construction. Minimum easement width shall be thirty (30) feet unless the director determines that exceptional topographic characteristics justify a lesser width. (i) If any sewer improvements have been construc,ted within. a year of application, the applicant shall. provide the county a notarized certificat.ion of payment of all contractors~ (j) The applicant shall. indemnify the district and. the county for any damages or injury to property by reason of the sewer system or its construction, maintenance or repair. ( k) No construction of any sewer improvements shalL be. initiated until approvals have beendgranted by the county and all other appropriate. agencies. (l) Any developments to which. or in which the sewer system is to be extended must be approved by the county. (m) The county must have sufficient treatment capacity, without affecting prior corrunitments, in the treatment plant that will r.~eceive the waste water. 23 \ ,."., (n) The minimum Slze gravity collection sewer line will be eigh.t (8) inches inside diameter. (o) If the applicant is seeking to connect a private collection system which existed prior to the adoption of the district.' s master plan, requirements (a), (b), (c), (e), (f) and (g) above shall apply only in respect to the construction of the connec.tion from applicant's system to the county's system. All other above requirements shall. apply in their entirety, and the following additional information shall be submitted: (1) Reproducible original plans. depicting the as-built system. (2) Dates of construction. ( 3) Cons.truction materials. (p) No provisions in this division shall be construed to obligate the county to accept any system or parts of a system. The county may rej ect any system or parts of a system tha.t fails to comply with the requirements of this division. (Ord. of 6-15-87, ~7) SEC. 15- 94. ADDITIONAL ACCEPTANCE PROCEDURES: FOR SEWER EXTENSIONS' is amended as follows: In addition to satisfying the requirements of section 15-93 above for its sewer system, an applicant for sewer extensions shall be subject to the following additional provisions: (a) At the reques.t of the applicant,. and as time allows, the county will provide manpower to acquire rights-of-way at all of the applicant's sewer line locations which coincide 24 with the district' s master plan. Prior to purchase of said rights-of-way, the applicant shall pay all costs associated with the acquisition, including personnel, legal and property owner compensa.tion costs.. (b) The applicant shall pay all costs involved ln constructing the extension, including but not limited to trunk sewer lines, force mains, and right-of-way acquisitions. (c) When sufficient county funds are available, the county may require the applicant to construct a proposed trunk extension, force main. extension, pump station, outfall extension, .treatment plant. or o.ther improvement at a size greater than otherwise required by county minimum requirements. In such cases, the county shall reimburse the applicant for the installation cost difference between, the facilities required by the county and the otherwise applicable minimum requirements.. County reimbursement, shall be by one (1) of the following methods, at the option of the county: (1) Cash payment to the applicant, with payment occurring on the date that the improvement was scheduled to be constructed by the county; or (2) In the case of outfall extensions, or collection lines with excess capacity, assignment by the County to the applicant of the county's rights to future sewer connection fees from adj oining property owners served by applicant t s oversized sewer improvements. (d) Upon request by the applicant and where practical. and legal, an extension may be included in the county's 25 construction as a change order. In such cases, the applicant shall pay the county for all acquisition, design and const.ruction costs prior to the commencement of construction~ (e) The coun.ty will design and construct. sewer lines as part of the master plan for all habitable structures which are occupied on the date that the design field survey is completed in that particular area; provided that the director may waive serVlce to some structures as provided by section 15-30. ( f ) Service lines for structures occupied after the date described in subsection (e) above shall be constructed at the a.pplicant's cost in accordance with section 15-93. ( g) The applicant shall submit any required special agreements for sewer extensions to the county attorney for approval. Any permit to make any such extension or connection. shall not be transferable and shall be limited to the time stated therein. (h) Whenever the coun.ty I s minimum requirement for an eight inch collect.ion linJs exceeds the size line required to serve the applicant's specific property, the applicant may recover the cost difference through. the county by refund to the applicant from adjoining property owners other than the county, at their time of tap-on. This refund will be based on proportionate acreage, which will be determined by dividing the total acreage that can be served by the outfall int.o the acreage to be served, .or if the acreage has been developed this refund will be based on proportionate number of lots, which will be determined. by dividing. the total number of lots that can be 26 served by the outfall into the total number. of lots to be served. This refund schedule will continue until the project cost is paid, or until fifteen (15) years from the date of acceptance of the system by the county, whichever comes first. SEC. 15-98. PROCEDURE FOR DISCONTINUATION OF SERVICE is amended as follows: (a) The county shall serve a written notice to the owner allegedly violating any provision of this article. This notice shall state the specific nature of the violation and provide the owner not less than ten ( 10) days to correct the violation or inquire regarding the notice, and, if the owner feels he is not in violation, or that compliance requires greater than ten (10) days, reques,t a hearing before the director. If the owner does not respond wi thin the time prescribed in the notice, the county may immediately discontinue service to this owner upon the expiration of the prescribed time. (b) If the owner allegedly in violation of a provision of this article requests a hearing before the director, the director shall, wi thin five ( 5) days of. such owner J s claims, establish the. time and. place for. such hearing. If, as a result of . the hearing, the director determines that the owner 1.S 1.n violation of the provision as alleged in the notice, he shall order the owner to correct the conditions(s) giving rise to the violation, and establish a reasonable time for compliance. If 'the director cannot, at the hearing., determine the existence or extent of the alleged violation, he may order the suspension of service pursuant to section 15-99 pending further investigation. 27 ... ., In the case of suspension of service t.he owner is entitled to request a second hearing following the period of suspension; and in the event he does so, no further action may be taken by the county until the conclusion/of the second hearing. (c) At the owner's request, billing for sewer service can be pla.ced in an inactive status if one of the following situations have occurred: (1) If the owner's water source is a private well and electrical service to the structure has been discontinued. (2) If the owner's water source is other than a private well and the company or municipality providing water has discontinued service. It is the owner's responsibili.ty to notify the Water and Sewer District Finance Office when electric or water service has been restored. SEC. 15-101. RECOVERY OF EXPENSE, OR DAMAGE TO COUNTY'S SYSTEM BY REASONS OF VIOLATION' is amended as follows: Any person violating any provision of this article, or any person who shall have broken, damaged, destroyed., uncovered, defaced or tampered with any structure~ appurtenance or equipment which is part of the waste waster collection sys.tem or the waste water treatment facili.ties, shall be liable to the county for any expense, loss or damage suffered by the. county by reason of such violation, including but not limited to the 'costs of invest.igation; expert' fees, tests and analyses; and reasonable attorney's fees. If such violation results in the county's making a disconnection of building sewer from a public sewer 28 , ~. ; pursuant to division 7 of this article, the person shall further be liable to the county for i all expense to the county in making such disconnection.. SEC. 15-102. PENALTIES is amended as. follows:. (a) Any person, firm or corporation violating the provisions of this article shall be guilty of a misdemeanor and shall be punishable pursuant to the provisions of G.S. section 14-4. (b) Violation of this art.icle subjects the offender to a civil penalty of Fifty ($50.00) Dollars to be recovered by the count.y in a civil action in the nature of a debt, if the offender does not pay the penalty wi thin ten (10) days after he or she has been. cited for violation. of this article. (c) This article may be enforced by an appropriate equitable remedy issuing. from a court of competent jurisdiction. (d) Pursuant to the authority granted in G.S. section 153A-123, this article may be enforced by anyone (1) or more of the remedies specified above. Each day's continuing violation of this article is a separate and distinct offense. (e) In the event that any property owner required to make connection of the county's sanitary sewer system pursuant. to division 7 of this article, section 15-89 et seq., faila to make application for such sewer connection and fails to pay all applicable fees to the county, then such property owner shall not be issued a certificate of compliance. or certificate of occupancy by the inspections department. (Ord.. of 6-15-87, ~8, Ord. of 3-9-88; Ord. of 12-19-88) 29 (f) In the event of the termination or revocation of a building permit by the inspections department, a cancellation penal ty will be assessed equal to twenty percent (20%) of all applicable specific fees paid by the owner pursuant to section 15-124. The minimum cancellation penalty will be Twenty-Five ($25.00) Dollars. SEC. 15-121. ONE-TIME SEWER CHARGES, is amended as follows: ( a) Sewer Service Connection' Fees, (Tap, Fees):' Sewer service connection fees shall be charged to cover the cost of providing an access point to the publ.ic sewer for the applicant. Fees shall be in the amounts stated in section 15-124 below, subject to the following modifications: ( 1) An applicant may install his or her own tap, provided that he or she: a. Requests approval at the time of application; b. Gives five (5) days' notice to the district of the date the tap is to made; c. Constructs the tap with materials specified by the' district under the superyision of a qualified licensed contractor; d. Arranges for the presence of a district represent.ative when the tap is made; and e. Pays the tap fee according to schedule, with the understanding that the district will refund the fee, less an administration/ inspection fee, upon the applicant's completion of, the tap in an approved manner. 30 (2) During cons.truct.ion of the public sanitary sewer, the owner of an undeveloped residential or nonresidential parcel may obtain a tap at .the same rate, as developed residential and nonresidential parcels provided the following conditions are met: a. The parcel must be adj acent to, or must front upon, a proposed district sewer line; b. The parcel owner must request in writing that a tap be placed on the undeveloped parcel. ! (3) If a developer as owner, installs the tap to the public sanitary sewer him or herself for the development, he or she will only incur an administration/ inspec.tion fee for each parcel in the development. ( b) Treatment Plant Capacity Fee (Impact Fee): All new development and.. non-residential. development. or unit ohtaining a certifica.te of occupancy shall pay the treatment plant capacity fee specified in section 15-124. below, based on average daily flow. Swimming pools will be exempt from the treatment plant capacity' fee. Average daily flow for the purposes of fee shall. be determined as follows: (1) Residential unit: Three hundred (300) gallons per day. : (2) Nonresidential unit: Flow criteria as recommended. by the state division of environmental management for sewag.e system requirements. In the event a flow is not specified by the sta.te division of environmental management for: a particular usage, the flow shall be based on water usage of similar 31 facilities as determined by the county. (Ord. No. 6-15-87, ~9; Ord. of 4-2-90) SEC 15-122. BASIC USER CHARGES, is amended as follows: Sanitary sewer service rates shall be as established in the specific fee schedule contained in section 15-124. The charges and fees developed in accordance with the provisions of this division shall. be based on the formula (Cu = Ct/Vt(Vu)) as approved in the waste water user charge system. (a) Flat rate option for certain residential. parcels:. At his or her option, the owner of a residential parcel occupied with only one (1) structure served by a sewer line may elect to pay flat monthly or bimonthly rates as stated in the specific fee schedule in section 15.124, in lieu of metered rates. If the applicant initially chooses a flat rate, and desires to change to a metered rate, the applicant must first pay the cost of installation of meters as per subsection 15-124(b)(5). Thereafter, the requirements for initial metered rate mechanism will apply. If meters do not function properly due to the applicant's water quality, the county may remove the meter and charge the flat rate. (b) Metered rates for all other sewer customers. All sevIer customers other than those described In subsection (a) above shall be charged according to meter readings. Meter rates shall be either "residential" or "nonresidentialu rates, as indicated in. sec.tion 15 -124 below. A customer who meets the requirements for a flat rate may switch from a. meter to a flat rate, but only after the expiration of one (1) year from the date ~ 32 of initial meter' installations. No further changes may be made thereafter. (c) Meter installation and billing: For those owners of residen.tial parcels, except for residential units classified as new development, initially electing the metered option, , the county shall. furnish and. install one. (1), and only one (1) meter per parce1.- If a me.ter is provided by another utility service (i..e. water) the county shall read that exi.sting meter for billing purposes. All, residential units. classifi.ed as new development electing the metered option, all commercial and industrial. development, and all other. users, shall pay the cost of ,meter installation specified in section 15-124. The county will neither install, nor read, nor bill for individual meters in a townhouse subdivision, multifamily project, or other collection of attached. dwelling units, which are not individually owned. and. individually metered by the utility providing other service (i.e. water) (d) Owner of property to be customer of district. Notwithstanding any language to the contrary appearing elsewhere, in this chapter, the owner of real property being served by public sewer s,ervice sha.ll be the customer of the district for the purpose of billing for such sewer service. (e) Fees required upon failure to connect. Upon failure of an owner of real property to make connections. to the public sanitary sewer within six (6) months after notification by the county, pursuant to sec.tion 15-90 (a), the district shall bill. the owner of residential parcels the bi-monthly flat rate, as 33 specified in section 15-124(b), and the owner of nonresidential property the minimum bimonthly charge for the applicable meter size as specified in section 15-124(b). These are the basic user charges and are in addition to all other required fees and penal ti.es . SEC. 15-124. SPECIFIC FEES is amended as follows:. (a) Sewer Service Connection Fees (Tap Fees): (1 ) Structures not classifi.ed as new' development: Residential: 4" - $200.00. Optional - $250.00 with $25.00 at time of application and $5.00 per month for 45 months. Nonresidential: 4"I - $200.00. 6" - $500.00. 8" and larger - Installation cost shall be estimated by the district and paid at time of application. Taps for 8" and larger only include the actual connection to the collection system. ( 2) Structures class.ified as new development unless tap was installed during construction of the public sanitary sewer pursuant to section 15-121(a)(2): Residential:. 4" - $400.00 Optional - $500.00 with $50.00 at time of application and. $10.00 per. month for 45 months. Nonresidential: 4" - $400.00 6" - $600.00 8" and larger - lns.tallation cost shall be estimated by the district and paid at time of application. Taps for 8" and larger only include the actual connection to the collection system. (b) Basic User Charges (User Fees): User fees consist 34 of the sum of fixed fee plus gallonage rate as follows: (1) Residential bimonthly (sing.le~family): Fixed Fee Rate per 1000 Gal. Minimum: Charge $14.50 $2.30 $26.00 Flat rate $44.00 - Maximum four (4) bedrooms, $4.00 for each additional bedroom. ( 2 ) Nonresiden.tial bimonthly: Water Service Fixed Rate per Minimum Size (inches) Fee 1000 Gal Charge 3/4 $ 26.00 $2.30 $ 26.00 1 52.00 2.30 52.00 1 1/2 104.00' 2..30 104.00 2. 164.00 2.30 164.00 3 300.00 2.30 300.00 4 494.00 2.30 494.00 6 976.00 2.30 976.00 (3) Cost of installation of meters: 3/4" - meter - $150.00 1" - meter - $200.00 1 1/2" meter and above - Cost (c) Other charges: (1.) Treatment plant capacity' fee (impact feel: $1.25 per gallon of average daily flow, with a minimum fee of $375.00 per residential. and nonresidential unit. The fee may be paid, in full, at time of application or on a time paymen-t plan (for residential. units only) as follows: First payment of ten percent. (10%) of the fee at time of application and nlne (9) monthly payments of an equal amount. due and payable on the first day of each month thereafter until paid in full. 35 The treatment plant capacity fee will be determined as specifi.ed in 15-121(b)., however in the following circumstances, the minimum fee will not apply: (a) Nonresidential development or unit obtaining a certificate of occupancy where the structure is not new development. (b) Nonresidential development or unit obtaining a building pe.rmit with an estimated construction cost of less than $ 2000. 00, where the structure is not new development.. (c) Building permits for new development. where there is no plumbing in the entire structure. If plumbing is added later, the treatment plant capacity fee for new development will apply. (2) Service reactivation fee: $25.00 (3) Administration/inspection fee: $25.00 (4) Service deposit: Residential: $40.00. Nonresidential: Minimum bimonthly charge for appropriate. category or $40.00, whichever is higher. Service deposits will. be. refunded in December of each year provided the deposit has been he.ld by county for a minimum, of twelve {12} months and the customer has not. had. any delinquent bills. ( 5) Industrial application fee.: Current city fee plus ten (10) percent. (6) Cancellation penalty: Twenty percent (20%) of all applicable, fees paid, as specified, herein; minimum penalty of $25.00. 36 ADOPTED t:his 19th day of August, 1991 NEW HANOVER COUNTY [SEAL] tJtil1?ffL < Fred Retchin, Chairman Board of Commissioners , , ~~/~ Clerk to the Board i! 37 :. ,:,~"":;,,,,~,.:.~ ' , . 1 1991. / ~ AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County does hereby ordain that Chapter 15, Article II, Waste Water Collection and Treatmen.t, Div. 3, Building Sewers and Connections, Section 15-47 is hereby amended by numbering the existing paragraph (a) and by the addition of a paragraph to be numbered (b) which reads as follows: "(b) In the event the county abandons the sewer lines located within a mobile home park, the county will reconvey the right-of-way or easement to its grantor or heirs, assigns or nominees, pursuant to N.C.G.S. 153A-177, upon payment to the county the value of the sewer lines and accessories at the time of the reconveyance. The value of the system shall be based on the original construction costs of the sewer lines depreciated on a straight line basis with a ADOPTED this /f~~ forty (40) year life.l' day of ~wVC 1991. NEW HANOVER COUNTY ~~ ./ . . Fre Retchln,Chalrman Board of Commissioners ATTEST: ~' ../ / <--~~ V /y~( C1e,~ to the Board /: