Code of Highlands ~ Chapter 15: Utilities Article IV. Sewerage ORDINANCE AMENDMENT

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Code of Highlands ~ Chapter 15: Utilities Article IV. Sewerage ORDINANCE AMENDMENT Pursuant to an affirmative vote on the motion of Commissioner Steihler and a vote of 5 yeas to 0 nays by the Board of Commissioners of the Town of Highlands at its regular meeting on the 18 th day of October 2012, and (applicable where there were less than 4 affirmative votes on said date) the subject matter hereof having been first introduced by being voted on by the Board at its (regular or special) meeting on the day of November 2012, as required by N.C.G.S. 160A-75, now therefore the following ordinances are hereby ADOPTED, AMENDED, OR REPEALED as set forth hereinbelow, effective on the date of adoption: THE FOLLOWING SECTIONS ARE AMENDED TO READ AS FOLLOWS (WITH AMENDED LANGUAGE ITALICIZED) (ITALICS NOT TO BE IN CODIFIED VERSION). EXISTING Sec. 15-162. Sewer tap requirements. All sewer taps shall conform to the requirements of the board in location, size, type, materials and method used and shall be accomplished only by a licensed plumber and in accordance with town specifications, as defined in "Town of Highlands Building Sewer Construction Standards." It shall become the responsibility of each user requesting connection to the public sewer to notify the board and arrange for final inspection of the connection before placing in use. The actual connection of a lateral service line to a town sewer system manhole or sewer line shall be accomplished by the town. (Ord. of 3-6-96) That Section 15-162 of the Code of Highlands, North Carolina, is hereby amended to read as follows: Sec. 15-162. Sewer tap requirements. All sewer taps shall conform to the requirements of the Town Engineer in location, size, type, materials and method used and shall be accomplished only by a licensed plumber and in accordance with town specifications, as defined in "Town of Highlands Building Sewer Construction Standards." It shall become the responsibility of each user requesting connection to the public sewer to notify the Town Engineer and arrange for final inspection of the connection before placing in use. The actual connection of a lateral service line to a town sewer system manhole or sewer line shall be accomplished

by the town or a town-approved licensed contractor, using materials and methods approved by the Town Engineer. EXISTING Sec. 15-163. Users' responsibility for stoppage. All users using the public sewer shall be responsible for any stoppage or damage caused by abuse of the sewerage system through the sewer connection of that user, and shall be held accountable for all expenses incurred by the town or other property owners as a result of the abuse. This section applies to grinder pump stations. (Ord. of 3-6-96) That Section 15-163 of the Code of Highlands, North Carolina, is hereby amended to read as follows: Sec. 15-163. Users' responsibility for stoppage. All users of the public sewer shall be responsible for any stoppage or damage caused by abuse of the sewerage system through the sewer connection of that user, and shall be held accountable for all expenses incurred by the town or other property owners as a result of the abuse. This section applies to all components of the Town s sewerage system, including grinder pump stations. THE CODE OF HIGHLANDS IS HEREBY AMENDED BY ADDING THE FOLLOWING NEW SECTIONS, TO BE NUMBERED AS SHOWN, AND WHICH SHALL READ AS FOLLOWS: Sec. 15-166. Grinder Pumps. (1) Background and Intent of this Section. State regulations require the Town to maintain service mains, discharge lines, and grinder pump stations that are connected to low-pressure sewer lines ( LPSLs ) in which the Town holds the State Permit, but these regulations do not require the Town to maintain or hold permits for grinder pump stations on gravity sewer lines ( GSLs ) or on force main sewer lines(fmsls). This creates perceived inequities between citizens who differ only in which type of line is connected to their grinder pump station. The intent of this section is to remove these perceived inequities while complying with State regulations. (2) Definitions. a. Low Pressure Sewer Line (LPSL): a small diameter pipe pressurized sewer collection system permitted by NCDENR to collect sewer from individual sewer pumping stations for discharge of effluent into gravity or force main sewers. b. Gravity Sewer Line (GSL): a six inch or larger non pressurized sewer collection system that collects sewer and is owned and maintained by a licensed collection system

owner. c. Force Main Sewer Line (FMSL): a large diameter pipe pressurized sewer system that collects sewer and is owned by a licensed collection system owner. d. Grinder Pump Station. A grinder pump station, or station, refers collectively to the actual pump and also to its associated elements, including control panels, wet well, discharge piping and alarm system. (3) Application for Sewer Connection Permit. As with all new connections to the Town s sewer system, an application for connection, on the form provided by Town, shall be completed by all owners desiring such connection, as provided in Section 15-226 ( Application; fee ). The Town will determine at the time of application what type of service (GSL, FMSL or LPSL) is required. Upon approval of the application and payment of the connection fees, the Town will make the service tap for the sewer connection and extend the service to a point near the right-of way of the street or to a location agreed upon by both the Owner and the Town. If the service requires a grinder pump, the Owner may make application for the Town to maintain the grinder pump station and discharge line to the street connection by completion of a Service Agreement for Grinder Pump Stations. The Owner will be required to reimburse the Town for ALL EXPENSES of maintenance. (4) Service Agreement Application. a. Mandatory Service Agreement Application for Grinder Pump Stations on Low Pressure Sewer Lines (LPSL) for which that the Town holds the NCDENR Permit. This section ( Grinder Pumps ) applies to all grinder pump stations that are, as of the effective date of this section, connected to low pressure sewer lines for which the Town is the Permit holder from the North Carolina Department of Environmental Resources. Applications for Service Agreements will be made available at the Town Clerk s office. A copy of Highlands Code, Article IV, Chapter 15 ( Sewerage ) shall be attached to all permits granted under this section and given to the applicant upon approval of the application. b. Optional Service Agreement to Grinder Pump Stations on Gravity Sewer Lines (GSL) and Force Main Sewer Lines (FMSL). This section shall not apply to stations on GSLs and FMSLs as of the effective date of this section unless and until the owner voluntarily applies for and receives a Grinder Pump Service Agreement from the Town. Upon application, the Town will issue a Service Agreement, on a form provided by the Town at the Town Clerk s office. If an owner obtains a Service Agreement, this section will apply in its entirety to the owner of the station until the owner sells or otherwise transfers title to the property served by the station. Upon such sale or transfer, the new owner will be required to obtain a new Grinder Pump Service Agreement at the time changes are made to the utility accounts for the associated

property. (5) Free initial inspection. The Town will perform an initial inspection (free of charge) of any existing grinder pump station, on any kind of sewer line, within the corporate limits of the Town, to determine whether it is connected (or may in the future be connected) to a GSL, FMSL or LPSL, and to make recommendations to the owner of the station as to maintenance, improvements, replacement or service of the station. (6) No Obligation of the Town Until Service Agreement Acquired for GSL and FMSL Stations. The Town will have no obligation or responsibility as to grinder pump stations on GSLs and FMSLs, unless the owner of the station obtains a Grinder Pump Service Agreement. For all owners of stations who obtain a Grinder Pump Service Agreement under this section, and for all owners of stations on new LPSLs with a Service Agreement, the owner shall be responsible for paying the cost of the maintenance, improvements, replacement or service recommended by the Town. The owner shall be given the option of hiring a licensed plumber of the owner s choice to perform the work recommended by the Town. If the owner does not hire a licensed plumber for the work, then the Town will complete the work and the cost of the work will be charged to the owner. Regardless of who performs such work, it shall be performed in accordance with the Town s Building Sewer Construction Standards and such other requirements as set forth in this article. Holders of Grinder Pump Service Agreements will not be allowed to use their station until the Town has performed a final inspection of the grinder pump station, and no station will accepted into the Town s grinder pump maintenance program until approved by the Public Service Administrator after such inspection. (7) Subsequent inspections. For pump stations on GSLs and FMSLs where no optional Service Agreement has been obtained, after the first inspection as provided for above, further inspections will be made by the Town within a reasonable time after a request by the owner, but the owner shall pay for such inspections. (8) Requirements for Grinder Pump Stations. In addition to the requirements of the Town s Building Sewer Construction Standards, the following requirements shall apply to all grinder pump stations (on all LPSLs and on GSLs and FMSLs where the owner has obtained the Sewer Connection Permit described above). a. The grinder pump station will be connected to the owner s home electrical system, with an approved disconnect, and such other electrical panels or other devices required by the Town, by a licensed electrician in compliance with the requirements of this section, the North Carolina Building Code, and other applicable regulations. The owner shall also pay all costs of providing electricity to the station and the monthly electrical charges associated with operation of the station.

b. The owner shall install and perform necessary maintenance and repair of the sewer line from the dwelling to the grinder pump station wet well, the electrical connections to the grinder pump station panel, the telephone lines connected to any telemetry system, and the generators connected to the grinder pump station power supply. c. The owner shall install and perform necessary maintenance and repair of the small diameter force main from the property line/easement line to the grinder pump station wet well, the grinder pump, valves and valve boxes the grinder pump station electrical panel, and associated appurtenances. d. In the event of an interruption in electric power service to the subject property of the grinder pump station, the owner shall be responsible for taking all reasonable measures to prevent the backup of wastewater, including taking reasonable measures to provide for backup generator service. The owner will minimize water and sewer usage during all power outages to prevent any sewer overflows. The Town shall have the right to enter upon the any property associated with a grinder pump station to disconnect the water supply to the subject dwelling in the event of a grinder pump station failure. In such event, the owner will pay the Town for all costs related to such disconnection and reconnection. e. No owner shall make any modifications to a grinder pump station governed by this section, or its supporting electrical systems, or the dwelling served by the station (to the extent that such modification to the dwelling increases the sewer discharge volume), or landscaping or site improvements (to the extent that such would direct surface water into the wetwell), without prior authorization from the Town. f. The owner will provide and maintain safe and convenient vehicular access to the station for the Town and any other persons needing access for maintenance, repair and replacement of the station. g. The owner shall not allow access to the station by anyone other than the Town, or a licensed plumber engaged by the owner. The owner shall not damage, misuse, or tamper with the station or any security measures related to the station. The owner shall immediately report to the Town any known damage or other problems with the station. h. The Town will be allowed, at reasonable times, and upon reasonable notice (unless in the event of an emergency) to enter upon property to inspect the pump station, and to inspect the dwelling served by the pump station, and the grounds thereof (to determine whether the dwelling or grounds have been modified so as to increase the requirements for the grinder pump).

i. In the event the Town determines that the pump station is in need of maintenance, repair, replacement, or other work, the Town will notify the owner, who shall take measures to perform such work within a reasonable time under the circumstances, or notify the Town that the work should be performed by the Town, but in either event the cost of such work shall be paid by the owner. (9) New Grinder Pump Stations. For all new grinder pump stations installed after the effective date of this section, and in addition to the other requirements of this section, the following shall apply: a. No new grinder pump station shall be installed on a low pressure sewer line unless the Town has issued a Sewer Connection Permit to the owner. On all new LPSL grinder pump stations in which the Town holds the State Permit, a Service Agreement shall be issued prior to connection. b. No grinder pump permit for a new grinder pump station shall be issued unless, prior to installation, the Town has approved the design, layout and location of the grinder pump station, including materials, equipment and all related appurtenances. It shall be the responsibility of the owner to obtain from the Town the design requirements, equipment requirements and construction standards for the grinder pump station for the dwelling to be served. The final design provided by the owner shall be submitted to the Town at least five (5) business days in advance of desired installation. c. After installation, but prior to initiation of service to the dwelling, the Town shall inspect the installation to verify compliance with the contents of this section, the Town s Building Sewer Construction Standards, and all other applicable codes and regulations. The owner shall give the Town at least two (2) business days notice requesting an inspection. The owner shall correct any deficiencies associated with installation or improvements at his or her own expense. d. The grinder pump station shall not be placed in service until the installation has been approved by the Town. e. At startup, the owner shall notify the Town in writing that the station has been connected and started. THE FOLLOWING SECTION IS AMENDED TO READ AS FOLLOWS (WITH AMENDED LANGUAGE ITALICIZED)(ITALICS NOT TO BE IN CODIFIED VERSION). EXISTING Sec. 15-204. Connection costs established by board. Tap fees, cutting of pavement if required, and other such expenses concerning sewer

connections shall be as determined from time to time by the board and listed in the manual of fees and charges maintained in the clerk's office. (ord. Of 3-6-96) That Section 15-204 of the Code of Highlands, North Carolina, is hereby amended to read as follows: Sec. 15-204. Connection costs established by Town Engineer and Board. Tap fees, fees for cutting of pavement if required, and other such expenses concerning sewer connections shall be as determined from time to time by the Town Engineer and approved by the Board and listed in the manual of fees and charges maintained in the clerk's office. THE FOLLOWING SECTIONS ARE AMENDED TO READ AS FOLLOWS (WITH AMENDED LANGUAGE ITALICIZED)(ITALICS NOT TO BE IN CODIFIED VERSION): Division 5. Connections EXISTING Sec. 15-226. Application; fee. Any user desiring connection to be made with the sewerage system shall make application on the appropriate form to the board stating the name of the owner of the property, the location of the lot, and kind of connection desired. Every such application shall be signed by the user making the application and shall be accompanied by the appropriate connection fee. Fees shall be those as determined from time to time by the board and listed in the manual of fees and charges maintained in the clerk's office. The town shall extend service lines to a point near the right-of way of the street or to a location agreed upon by both the Owner and the Town. All service connections shall be installed in accordance with "town of highlands building sewer construction standards." the actual connection of a lateral service line to a town sewer system manhole or sewer line shall be accomplished by the town. (ord. Of 3-6-96) That Section 15-226 of the Code of Highlands, North Carolina, is hereby amended to read as follows: Sec. 15-226. Application; fee. Any user desiring connection to be made with the sewerage system shall make application on the appropriate form to the board stating the name of the owner of the

property, the location of the lot, and kind of connection desired. Every such application shall be signed by the user making the application and shall be accompanied by the appropriate connection fee. Fees shall be those as determined from time to time by the board and listed in the manual of fees and charges maintained in the clerk's office. The town shall extend service lines to the property line of the user or for a distance of sixty (60) feet from its collector line, whichever is the lesser. All service connections shall be installed in accordance with the Town of Highlands building sewer construction standards. (note for editor: Existing last sentence of this section is purposely deleted.) THE FOLLOWING SECTION IS AMENDED TO READ AS FOLLOWS (WITH AMENDED LANGUAGE ITALICIZED)(ITALICS NOT TO BE IN CODIFIED VERSION): EXISTING Sec. 15-231. Individual service connections and pump stations. Single sewer connections, as well as individual pressure service connections, shall be permitted provided they are made in accordance with "Town of Highlands Building Sewer Construction Standards," and provided the property directly adjoins a portion of the town sewerage system, in accordance with sections 15-226 through section 15-230. Individual pressure service pumps and related equipment shall be owned and maintained by the property owner whose property such pump and equipment serves, except that representatives of the town shall be permitted right-of-entry to service any neglected, privately-owned portion of a sewer system which poses a public health risk, in accordance with section 15-159. Public pressure service pumps and related equipment, serving more than one residence or business, shall be owned and maintained by the property owners whose property such pump and equipment serve; in such cases, an agreement shall be prepared providing for perpetual ownership and maintenance of the pump and related equipment by a property owners association. Alternatively, the board of commissioners may at its discretion agree to own and maintain such pump stations when it determines that it is in the public interest to do so. (Ord. of 3-6-96) That Section 15-231 of the Code of Highlands, North Carolina, is hereby amended to read as follows: Sec. 15-231. Individual service connections and pump stations. Single sewer connections, as well as individual pressure service connections, shall be permitted provided they are made in accordance with "town of highlands building sewer construction standards," and provided the property directly adjoins a portion of the town sewerage system, in accordance with sections 15-226 through section 15-230. Secs. 15-232--15-245. Reserved.