If either water or sewer is desired for any property not presently served by same, the owner or the developer of the property may submit an application, in writing, to the city for permission to lay water and/or sewer lines from the existing city system to the property. If the application is granted, a written permit shall be issued to the applicant subject to the following conditions:

(1)

The permittee shall pay all expenses in connection with the installation of such water and/or sewer mains and the connection of same with the water and/or sewer system of the city;

(2)

All such mains shall be installed in strict accordance with specifications which shall be furnished by the city, and the city shall approve the plans for same before construction shall commence. Fire hydrants, gate valves, manholes and other appurtenances as may be required by the city shall be constructed as a part of the system, at such locations as shall be designated by the city;

(3)

The city shall have no cost, expense, or liability of any kind whatsoever in connection with the installation of such mains. Any expense incurred by the city in reviewing plans and specifications, making inspections, or otherwise, shall be paid by the permittee upon receipt of statement from the city;

(4)

When such system or systems shall have been completed by the permittee, the same shall be conveyed to the city, together with a permanent utility easement no less than 20 feet in width, in a form satisfactory to the city, the centerline of which shall be the water and/or sewer lines; and the city, for so long as it shall continue to furnish water and sewer service through such lines, shall maintain them and keep them in good repair. The easement shall provide that the city shall have full access over and upon the same for the purpose of repairing, maintaining, and servicing such water and/or sewer lines and replacing the same, if necessary, and shall be in perpetuity; provided, however, the city may, at its option, defer the conveyance of the system or systems for as long as it may wish to do so;

(5)

The city shall be responsible for the review and pre-approval of the design of the sewer system by checking the size of any proposed water and sewer mains, pipes and lines, and determining both the depth and locations at which they shall be installed by the permittee;

(6)

If the property to which the extension of sewer lines is proposed to be made to is outside the city limits, the owner of said property must petition the board of aldermen to annex the entire property to be served by the extension of such main or mains. This provision does not constitute [a guarantee] by the city to annex the subject property.

(a)

Extensions of water or sewer mains within the city limits by the city may be accomplished by levying special assessments as permitted by G.S. 160A-216 et seq. Such special assessments shall be levied against benefited property on the basis of the frontage abutting on the project at an equal rate per foot of frontage. Provided, further, where lines are installed on both sides of a corner lot, an exemption from the front foot assessment may be made of not more than 75 percent of the frontage on any side of such corner lot, or 150 feet, whichever is greater.

(b)

Notwithstanding the other provisions of this section, the city may, in its sole discretion, provide water and/or sewer service without resorting to the assessment procedure through special agreement with parties requesting the extension, or, if the best interest of the city is served, at city expense.

Extension of water or sewer mains into and/or through undeveloped areas, both of the city and its extraterritorial planning area, may be done by the city in its sole discretion, and at city expense when it shall be determined by the city that:

(1)

The extension is necessary for the orderly growth and development of the city;

(2)

The financial participation in the cost of extension by private, county, state, and/or federal agencies is deemed adequate; and

(3)

No state or federal statute is violated as a result of the extension.

(a)

Water connections. Each owner of improved property located within the city limits and upon or within a reasonable distance of any water line or sewer connection line owned or leased and operated by the city may be required to install piping and connect to the public water main.

(b)

Sewer connections. Each owner of improved property located within the city limits and upon or within a reasonable distance of any sewer collection line owned or leased and operated by the city may be required to install, connect, and maintain to the public sewer lines adequate sewage drains or pipes and sewer mains in order to keep the keeping [sic] the premises in a sanitary condition.

Each house or building abutting any water or sewer main and requiring a water or sewer connection shall be separately and independently connected, except in those cases where laterals have already been laid in macadam or improved streets from such main, provisions being made for the house or building, in which case the connection may be made to an existing lateral. If the house or building is on a macadam or improved street where laterals have not been laid, the connection may be made to any convenient lateral. When two or more houses or units are connected with the same water lateral, a separate meter shall be provided for each house or unit.

An owner of improved property in the city who may be required by this article to be connected to the water and sewer systems of the city, who shall fail or refuse to connect to said systems, may be given ten days' notice, in writing, requiring the connection or connections, which said notice shall be served on the owner of said property as prescribed by rule 4 of the North Carolina Rules of Civil Procedure. If service by publication shall be required, the expense of publication shall be a charge against the property. If the owner shall fail to make such water or sewer connections within the time prescribed in said notice, then the city, through its agents, servants, and employees, may make the connections and the cost thereof shall be a charge against the property and shall constitute a lien on the said land and premises of the owner, [and] shall be added to the taxes assessed on said premises, and collected as unpaid taxes.

No person shall connect with the water or sanitary sewer system of the city until he has first received a permit from the city.

Each application for a permit required by this article shall contain the name of the owner of the lot; the name of the street on which the lot is situated; the number of the house, if there is one on the lot or, if not, a description of the location of the lot; the number and kind of connections desired, and the character of the surface of the abutting street. Each application shall be signed by the person making the application, shall be accompanied by the proper fee for making the connection applied for, and shall be filed with the water and sewer department.

The fees for connections to the city water and sewer systems shall be as heretofore established by the board of aldermen and as amended from time to time. The schedule of fees shall be on file in the office of the city engineer. More detailed provisions outlining fee structures and administrative procedures for utility connections are outlined in chapter 74 of the city Code.

When a permit required by this article has been issued, the city shall do the excavating, lay the pipe, install a meter where necessary, make the connection to the main, fill the excavation, and replace the surface of the street unless otherwise approved by the city engineer. No lateral constructed as part of a connection shall be laid beyond the property line.

All meters, meter boxes, pipes and other equipment furnished and used by the city in installing any water or sewer connection shall be and remain the property of the city.

All persons living outside of the city shall be permitted to make connections with the sanitary sewer or water lines of the city only as provided in this section.

(a)

The permission to connect with sewer or water lines will be conditioned upon the plumbing being installed in accordance with the state building code. All work installed must be done by a person qualified as required in the state building code.

(b)

Applications for connections pursuant to this section shall be made with the water and sewer department. Water service will not be available at the meter until (i) as-built drawings have been received and approved by the city engineer, (ii) water quality standards have been met upon review and confirmation by the Craven County department of health, (iii) final inspection of the system has been completed by the city engineer or his designee, and (iv) all connection and meter set up fees have been paid as outlined in chapter 19 of the city Code.

(c)

The city reserves the right to change the rate or to refuse to give service where the conditions of this section are not met or where conditions are such as to make such service impractical.

(d)

Nothing in this section shall be construed to oblige the city to purchase any sewer lines that may be constructed outside the city limits.

(e)

Whenever the ownership of two adjoining buildings shall be in the same person, it shall be lawful for any two adjoining buildings to be connected to the same sewer main. The owner of the premises shall apply to the city for sewer services for the buildings in his own name, and shall pay the city the charges according to the rates then currently in effect for such services; however, if any time thereafter the ownership of the two adjoining buildings shall not remain in the same person, separate sewer lines shall be made to each building by the respective owners thereof at the expense of the owners. If the owners shall fail to make separate connections to the buildings in such cases, then each owner [of] the buildings shall pay a penalty of $200.00 each within five days after the ownership of the adjoining buildings shall cease to be joint in the same owner, to cover the cost to the city for disconnecting the lines and making separate connections to each building.

The owner of any house, building, or habitable improvement to real property within the corporate limits of the city, which abuts any street, alley, easement, or right-of-way in which there is a public sanitary sewer, may be required to connect the building sewer to the public sanitary sewer.

Violation. In cases where connections are required and the owner refuses to make such connections, a civil penalty in the amount of $50.00 shall be imposed upon the violator. Violators shall be issued a written citation which must be paid within 72 hours. Each day's continuing violation shall be a separate and distinct offense. Notwithstanding the provision for a civil penalty included in this paragraph, provisions of this section may be enforced in the general court of justice through equitable remedies.

It shall be unlawful for any person to place, deposit, or permit to be deposited, in any unsanitary manner on public or private property within any area under the jurisdiction of the city, any human or animal excrement, garbage, or objectionable waste. Furthermore, it shall be unlawful to discharge to any natural or storm drainage outlet within any area under the jurisdiction of the city any wastewater or other polluted water, except where suitable treatment has been provided in accordance with subsequent provisions of this article and with the regulations of the department of environment, health and natural resources, division of environmental management of the state. Except as herein provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

(a)

No unauthorized person shall uncover, make any connections with, open into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining written approval from the city engineer. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer; provided, however, that such indemnification shall not extend to loss or damage due solely to willful misconduct or negligence on the part of the city. Excluding industrial plant sites or other sites which have written approval from the city engineer for single discharge points, a separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway. In such case, the sewer serving the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such connection aforementioned. Old building sewers may be used in connection with new buildings only when they are found, on examination and testing by the city engineer, to meet all requirements of this ordinance. Existing building sewers may be kept in service if, in the opinion of the city engineer, they are in acceptable structural condition and operate satisfactorily. All new building sewers, including any necessary replacement of existing building sewers, must comply with the state building code. The connection of the building sewer into the public sanitary sewer shall be made in accordance with applicable construction standards of the city, as detailed in appendix C.

(b)

No person shall make connections of roof downspouts, foundation drains, areaway drains, or other sources of infiltration/inflow to a building sewer or building drain which, in turn, is connected directly or indirectly to public sanitary sewer.

(c)

It shall be the responsibility of the property owner to keep and maintain in good repair the building sewer connected to the public sewer. The owner shall be responsible for making necessary repairs, at his own expense, to the building sewer when notified in writing by the city engineer that repairs are necessary.

(d)

Grease, oil and sand interceptor sewer [sic] shall be provided when, in the opinion of the city engineer, they are necessary for the proper handling of liquid wastes containing floatable oil in excessive amounts, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city engineer and shall be located so as to be readily and easily accessible for cleaning and inspection. Where installed, all grease, oil, and sand interceptors shall be maintained by the owner at his expense in continuously efficient operation at all times. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the city engineer. Any removal and hauling of the collected materials not performed by owner's personnel must be performed by currently licensed waste disposal firms.

(a)

Subject to subsection (b), all public streets, sidewalks, and other common areas or facilities in subdivisions created after the effective date of this ordinance shall be illuminated.

(b)

To comply with subsection (a) the developer shall coordinate with the city to see that all facilities necessary for eventual installation of streetlights are put in place. However, the city shall be responsible for requesting the electric utility company actually to install such streetlights at the time the city accepts the streets for maintenance. The developer shall be entirely responsible for the placement of necessary lighting in common areas.

(c)

All roads, driveways, sidewalks, parking lots, and other common areas and facilities in unsubdivided developments shall be illuminated.

Every principal use and every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable needs of such use and every lot within such subdivision. Compliance with this requirement shall be determined as follows:

(1)

If the use is not a subdivision and is located on a lot that is served by an existing power line and the use can be served by a simple connection to such power line (as opposed to a more complex distribution system, such as would be required in an apartment complex or shopping center), then no further certification is needed.

(2)

If the use is a subdivision or is not located on a lot served by an existing power line or a substantial internal distribution system will be necessary, then the electric utility service provider must review the proposed plans and certify to the city that it can provide service that is adequate to meet the needs of the proposed use and every lot within the proposed subdivision.

Every principal use and every lot within a subdivision must have available to it a telephone service cable adequate to accommodate the reasonable needs of such use and every lot within such subdivision. Compliance with this requirement shall be determined as follows:

(1)

If the use is not a subdivision and is located on a lot that is served by an existing telephone line and the use can be served by a simple connection to such power line (as opposed to a more complex distribution system, such as would be required in an apartment complex or shopping center), then no further certification is necessary.

(2)

If the use is a subdivision or is not located on a lot served by an existing telephone line or a substantial internal distribution system will be necessary, then the telephone utility company must review the proposed plans and certify to the city that it can provide service that is adequate to meet the needs of the proposed use and every lot within the proposed subdivision.

(a)

All electric power lines (not to include transformers or enclosures containing electrical equipment including, but not limited to, switches, meters, or capacitors which may be pad-mounted), telephone, gas distribution, and cable television lines in subdivisions constructed after the effective date of this ordinance shall be placed underground in accordance with the specifications and policies of the respective utility service providers.

(b)

Whenever an unsubdivided development is hereafter constructed on a lot that is undeveloped on the effective date of this ordinance then all electric power, telephone, gas distribution, and cable television lines installed to serve the development that are located on the development site outside of a previously existing public street right-of-way shall be placed underground in accordance with the specifications and policies of the respective utility companies.

(c)

In cases where underground electric utility installations are not reasonably possible due to prohibited [prohibitive] cost or other concerns as determined by the director of electric utilities such utilities shall be placed above ground and consolidated to reduce visual obstruction.

(a)

Whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments, such utility facilities (e.g., water or sewer lines) shall be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service.

(b)

All utility facilities shall be constructed in such a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development.

Whenever a developer installs, or causes to be installed, utility line in any public right-of-way through which city utilities are to be provided, he shall, as soon as practicable after installation is complete and before acceptance of said system by the city, furnish the city with a copy of a drawing that shows the exact location of such utility lines, so-called "as-built" drawings. The city department which will furnish the utility service shall verify the accuracy of the drawings. Compliance with this requirement shall be a condition of final plat approval in the case of subdivisions and of the validity of the permit authorizing such development in the case of all other developments. No services shall be turned on until these requirements are met.

(a)

Every development (subdivided or unsubdivided) that is served by a public water system shall include a system of fire hydrants sufficient to provide adequate fire protection for the buildings located or intended to be located within such development. Hydrants shall be placed according to the following schedule: residential developments 800 feet apart, commercial developments 500 feet apart, and industrial developments 500 feet apart unless the hydrant is to be used for hose line use, then the hydrants shall be spaced 250 feet apart.

(b)

The presumption established by this ordinance is that, to satisfy the standard set forth in subsection (a), fire hydrants must be located so that all parts of every building within the development may be served by a hydrant. In general, hydrants must be placed on block corners near intersections.

(c)

The chief fire inspector shall determine the precise location of all fire hydrants, subject to the other provisions of this section. In general, fire hydrants shall be placed six feet behind the curbline of publicly dedicated streets that have curb and gutter and 15 feet behind the curbline on streets that are not curbed and guttered.

(d)

The chief fire inspector shall determine the design standards of all hydrants based on fire flow needs. Unless otherwise specified by the fire chief, all hydrants shall have two 2½-inch hose connections and one 4½-inch hose connection. The centerline of the 2½-inch hose connections shall be located at least 18 inches from finish grade level. All hydrant threads shall be national standard threads.

(e)

Water lines that serve hydrants in residential developments shall be at least six-inch lines. Water lines of at least ten inches shall be used in commercial developments and a minimum of 12-inch water lines shall be used in industrial developments. Unless no other practicable alternative is available, no such lines shall be dead-end lines.

(a)

Every development that, under the city's solid waste collection policies, is or will be required to provide one or more dumpsters for solid waste collection shall provide sites for such dumpsters that are:

(1)

Located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way; and

(2)

Constructed according to specifications established by the director of public works to allow for collection without damage to the development site or the collection vehicle.

(b)

All such dumpsters shall be screened if and to the extent that, in the absence of screening, they would be clearly visible to:

(1)

Persons located within any dwelling unit on residential property other than that where the dumpster is located.

(2)

Occupants, customers, or other invitees located within any building on nonresidential property other than that where the dumpster is located, unless such other property is used primarily for purposes permitted exclusively in an I-1 or I-2 zoning district.

(3)

Persons traveling on any public street, sidewalk, or other public way.

(c)

When dumpster screening is required under this section, such screening shall be constructed, installed, and located to prevent or remedy the conditions requiring the screening.