Section 31. - Local permit authorization.

The utility commission will maintain a program for approval of the construction or alteration of the sewerage collection system under the assistant city manager/public works. The program will incorporate all requirements of the N.C. Division of Environmental Management for certification of the program, pursuant to NCAC .0218 (and as subsequently amended). Said program shall apply only to projects under the control of the city/county utility commission.

(Res. of 6-9-03(2))

Section 32. - When installation will be made.

(a)

When the commission so authorizes, the city will install sanitary sewers, upon application, in any area being served with city water, or where a contract has been completed for the installation of city water facilities.

(b)

The cost of the sanitary sewer installation may be borne entirely by the city, or jointly with the city and the applicant, or entirely by the applicant, as agreed upon by the parties.

(c)

The city shall require the extension of water mains along with the extension of sewer mains except in such cases as the commission finds it economically impracticable to install both; in such instances, the city shall require the dedication of easements for water mains simultaneously with the extension of sewer mains, so that water mains may be installed at a later date.

(Res. of 6-9-03(2))

Section 33. - Application; requirements and conditions:

(a)

All persons desiring to construct sewer improvements and to connect same with the sewer system of the city shall make written application to the director for permission to do so. All such applications and all such sewer improvements constructed and connected with the sewer system of the city shall be subject to the following requirements, conditions and provisions in as full and ample manner as if the same were set out in all applications, permits, and contracts relating thereto:

(1)

That the applicant shall employee at their expense a competent engineer to prepare plans and specifications for the proposed improvement and the same shall be submitted to the city for approval, or shall arrange with the city for such work to be done by the city at the expense of the applicant.

(2)

That the applicant shall engage a licensed and reputable contractor acceptable to and approved by the city to lay the proposed sewer main and appurtenances, except in those instances in which the city agrees to do the work at the expense of the applicant.

(3)

That the city shall inspect the sewer main and appurtenances during and after construction and that the city must be satisfied that the sewer main and appurtenances meet all city specifications for sewer system construction before the sewer main may be placed in service.

(4)

That "in-place" drawings of all sewer installations other than those which are on private property and serve only private property be furnished the city on completion of the installation.

(5)

That the applicant shall pay all costs involved in making the extension, except such portions of the cost of truck sewers as the city may agree to bear.

(6)

That all sewer mains or lines of every description which are an extension of the city sewer system, except those which are installed on building sites as connections with building, shall become the property of the city without cost to the city (except such portions of the cost of truck sewers as the city may agree to bear at such time as the construction is completed and approved by the city), and that such mains and lines shall be located within dedicated public rights-of-way or within easements shown on a recorded plat or in a recorded deed, within the boundaries of which the city shall have the right to operate, maintain, inspect, repair, and replace such mains and lines; provided that said plats and/or deeds are recorded in the public registry of Forsyth County and provided that permission from the state highway commission must be obtained and proved to the city before construction is begun without highway rights-of-way.

(7)

That all risks shall be assumed by the applicant and the owners of the property being supplied with sewer service and neither the city nor the commission shall be responsible for any damages or injury to property by reason of such sewer system, its construction, maintenance, or repair, that neither the city nor the commission shall be liable to any person, firm, or corporation, for failure to supply sewer service.

(8)

That all requests for extensions for the sewer system of the city shall be submitted in writing to the city, and shall be reviewed and approved by the commission before construction of any such sewer improvement shall be initiated.

(9)

That any subdivision to which or in which the sewer system is to be extended must be approved by the city-county planning board and the director.

(10)

That all agreements with regard to sewer extensions shall be approved by the city attorney as to form and legality. Any permit to make any such extension or connection shall not be transferable and shall be limited to the time stated therein.

(Res. of 6-9-03(2))

Section 34. - Investment by city.

The city will make an investment in sanitary sewers installed within the system for all additional costs of mains larger than the minimum eight-inch main, if the additional size is required by the utility commission.

(Res. of 6-9-03(2))

Section 35. - Plan for securing service.

The sewer service referred to in this article can be secured under the following plan:

Connection Plan No. 1. Applicants will, under this plan, be required originally to finance the entire cost of the extension or deposit with the city a sum of cash equal to the total cost of the extension, including any cost of right-of-way required. Upon completion of the extension, the city will account to the applicant for its use and application of all monies deposited with the city and the city will make such adjustment with the applicant as may be necessary in order for the applicant's cost to be the actual cost for the size sanitary sewer main required by the applicant, as determined by the city. In instances where the applicant has paid more than the actual cost of the sanitary sewer main required to meet the applicant's needs, the applicant will receive a refund of the excess paid by the applicant; if the applicant's original payment is less than the actual cost of the sanitary sewer main required to meet the applicant's needs as so determined, the applicant will pay the difference between the two (2) figures to the city. After said adjustment has been made, further refunds will be made to the applicant upon the following basis:

The city will make a special privilege charge, as prescribed under Section 122(b), for connections to that portion of the extension abutting the property of persons other than the applicant at the time of the construction of the extension, and the city will refund to the applicant, annually, all such special privilege charges collected by the city within a period of fifteen (15) years from the completion of the extension up to, but not in excess of, the applicant's investment in said portion of the sewer line, without interest. For the purpose of determining the amount of such refunds, the gross amount of the special privilege charges as computed under Section 122(b) shall be used.

In order to ascertain the maximum amounts of such refund to the applicant, the city shall, upon the completion of the extension, compute that portion of the cost of the extension fairly allocable to the property of the applicant abutting on the extension and that portion of the cost fairly allocable to the property of others abutting thereon, and the amounts so computed by the city shall constitute the maximum amounts of the refunds which may be paid to the applicant.

An investment in a sewer extension by an applicant under this plan will not give the applicant any claim to or ownership in the extension, nor will it give the applicant the right to charge others for connecting to the extension.

(Res. of 6-9-03(2))

Section 36. - Regulations concerning new developments.

(a)

The city shall require that all streets in a new development to be served by city sewer service, must be developed in such a manner as to be acceptable to the city (for developments inside the city) or the state (for developments outside the city).

(b)

In the case of new developments, the city may require the developer to bring the grade of proposed streets reasonably close to the final grade to be established before construction of the sewer system referred to in this article is begun.

(c)

An applicant for sewer service may be required to furnish the city a complete plan of his proposed development, including profiles, with established grades shown thereon.

(d)

Developers will dedicate through their property without cost to the city the necessary right-of-way for an extension thereunder.

(e)

Before approval of the final bill of sale in connection with any new sewer project either within or outside the City of Winston-Salem, in such cases where city sewer service is being made available without city water service, the developer shall be required to submit a certificate of notice satisfactory to the director. Said certificate shall contain the names and addresses of owners of all abutting property, and the block and parcel numbers pertaining to said abutting property. Said certificate shall contain a statement to the effect that the developer has notified all abutting property owners of the installation of the subject sewer and the possible consequences under Section 21 bearing upon said abutting property. Said notice shall be mailed individually to each abutting property owner by registered mail, and copies of such letters and their return receipts shall be attached to the required certificate.

(Res. of 6-9-03(2))

Section 37. - Commission may adopt any feasible plan.

(a)

With respect to any sewer extension project, no section of this article shall be construed to prevent the commission from adopting any economically feasible plan or policy which best facilitates the completion of this project.

(b)

As an example of what is meant by "economically feasible plan" as mentioned in subsection (a) above, but not by way of limitation, the commission may finance sewer extension projects for major infrastructure facilities, including but not limited to pump stations, interceptors and outfalls, by adopting an acreage assessment financing plan. Such plan shall be tailored to each individual extension project and shall consider, among others, the following factors:

(1)

The cost of major facilities to be provided by the commission;

(2)

Contributions to the commission of portions of the extension project by other parties; and

(3)

The number of acres expected to be developed and served by the sewer extension project.

(Res. of 6-9-03(2))

Section 38. - Connection fees.

The deposits made by applicants referred to in this article do not relieve the applicants from the payment of the connection fees as provided in Section 13.

(Res. of 6-9-03(2))

Section 39. - Extension of trunk sewers.

"Trunk sewers" as that term is used in this section, shall refer to a major outfall in intercepting sewer installed along the valley line of a watershed to serve as a collector for street sewers and minor outfall lines serving subdivisions and developed property within an entire watershed. Truck sewers may be installed as within an entire watershed. Trunk sewers may be installed as hereinafter provided. Applicants for sewer extensions outside the corporate limits of the city may be granted permission for the extension of trunk sewers, subject to the following conditions:

(1)

The contract for the trunk sewer shall be let by the city and shall be according to plans and specifications prepared at the expense of the applicant and approved by the city.

(2)

The applicant shall pay to the city upon receipt of bids on construction of the trunk sewer an amount estimated to cover the cost of constructing an eight-inch sewer at that particular location, including right-of-way acquisition costs, plus up to ten (10) percent for contingencies. For the purposes of this subsection, the city may contract with applicants and participate in the cost, on the same basis that the city participates with respect to truck sewers, with respect to pumping stations and other facilities which will serve not only the development of the applicant but also other citizens outside the development. The authority of the city in this regard shall apply to pumping stations, trunk sewers, and like facilities inside or outside of the city.

(3)

The city will finance the difference between the cost of constructing an eight-inch sewer and the cost of constructing the oversized trunk sewer required by the city.

(4)

Upon completion of the project, the city will make such adjustment with the applicant as may be necessary in order for the applicant's cost to be the actual cost of an equivalent eight-inch sewer based upon quantities of work as actually measured and completed as determined by the city. In instances where the applicant has paid more than the actual cost of an equivalent eight-inch sewer as so determined, the applicant will receive a refund of the excess paid by the applicant; if applicant's original payment is less than the actual cost of an equivalent eight-inch sewer as so determined, the applicant will pay the difference between the two (2) figures to the city.

(5)

The truck sewer and easements therefore shall be the property of the City of Winston-Salem; and all sewer mains and lines connected therewith and all appurtenances thereto, together with the easements necessary for the operation and maintenance of all such sewer mains and lines, shall be the property of the city from the completion thereof and acceptance of same by the city.

(6)

The city will make a special privilege charge, as prescribed under other provisions of this chapter, for any connections made to the truck sewer to serve property which is outside the boundary of the applicant's subdivision and which does not have a street sewer available to it. The city will remit to the applicant, annually, all such special privilege charges collected by the city within a fifteen (15) years from the completion of the project, subject to the overall limitation that under no circumstances shall the city remit more than the applicant's investment in that portion of the project outside the applicant's development.

In the event the commission finds that the city is unable to finance its share of a truck sewer project under the above terms, permission for the construction of such truck sewer project may be granted upon the terms and conditions as above set forth, except that the applicant shall be required to pay the entire cost of the project.

(Res. of 6-9-03(2))

Section 40. - Outfall sewers.

Whenever an outfall sewer is required to be constructed as a part of the sanitary sewer system installed to provide sewer service to an area, such outfall shall be considered a part of the project for which deposit is made by the applicant. However, when other areas are also to be served by this outfall sewer, the city may allow appropriate credit for such potential usability, and to this end the commission shall have the power to enter into contracts for the installation of sewer outfalls, pumping stations, and other facilities designed to serve areas outside of a development, within or without the city limits, and to participate in the costs thereof to the extent and in the manner which the commission determines to be appropriate and in the best interest of the city.

(Res. of 6-9-03(2))

Section 41. - Acreage fee refunds.

(a)

Said acreage fees will be established taking into consideration the cost of the qualifying improvements and the number of acres served by the qualifying projects. Once established, an acreage fee can be adjusted from time to time to account for inflation and the time value of money. The recommended time frame for distribution of refunds is ten (10) years. To receive this refund, the utility commission staff will make a determination as to the eligibility of the project.

(b)

The revenue generated by the above-mentioned acreage fee would be distributed on an annual basis in a manner proportional with the amount of contribution the eligible "reimbursees" have invested in the project. No party, other than the utility commission, shall be eligible to recover more than its original investment in the qualifying facilities less its own acreage fee due to the utility commission for access to the qualifying project.

(c)

The following calculation demonstrates how the policy will work when applied to a project:

Step One: Determine the eligible infrastructure. (Sewer facilities equal to or greater than fifteen (15) inches)

Step Two: Determine footage and costs of the qualifying infrastructure.

Step Three: Determine the cost per acre based on the number of acres served. (Estimated cost of qualifying infrastructure/number of acres in basin)

Step Four: Determine the maximum amount eligible for reimbursement.

Developer's initial investment in eligible base size main - developer's own acreage fee contribution (acreage fee) x (number of acres) = amount of eligible future refunds

Step Five: Determine the maximum amount eligible for reimbursement, by calculating the percentage of the total cost of qualifying infrastructure paid by the commission and each participating party.

(Res. of 7-8-02)

Sec. 42. - Capacity certification/sewer permitting.

A.

Capacity certification/sewer permits.

a.

All new sewer flow to the commission's system must be permitted by the utilities plan review section. The plan review section will evaluate the system's capacity for handling the new flow from the point of connection through the system to the receiving wastewater treatment plant. A certification of capacity and sewer permit will be issued to the applicant by the director if the system is deemed to have available capacity.

b.

Any application for capacity certification/sewer permit that is determined to exceed the capacity of any downstream sewers or lift stations will be denied. The denial of an application for capacity certification/sewer permit shall be made in writing and shall contain each reason for the denial.

c.

If an applicant wishes to make improvements to the sewer collection system that would provide capacity necessary to accommodate applicant's project by upgrade or rehabilitation of existing infrastructure, a request should be submitted to the director in writing. Any recommendations on improvements necessary to the sewer collection system to accommodate new sewer capacity shall be by a professional engineer registered in North Carolina.

B.

Flow allocations.

a.

Capacity certifications will be valid for one (1) year from the date of issuance and shall expire if the connection fee is not paid or a developer has not executed an agreement with the utility commission within twelve (12) months of issuance. Also, if additional flow is requested after the initial analysis, a new application/capacity analysis and any fees necessary will be assessed.

b.

Once the connection fee has been paid or agreement with the commission has been executed, the capacity certifications will be tracked as a flow allocation as required by the North Carolina Division of Water Quality. Flow allocations will be tracked for five (5) years or until the project is considered eighty (80) percent built-out, whichever occurs first.

C.

Charges for evaluating capacity for proposed flow. A standard fee of two hundred dollars ($200.00) shall be charged for all capacity analysis that can be performed by the utilities plans review section. For capacity analysis that require additional costs associated with flow monitoring and analysis and/or that may require the assistance of a consulting engineer, the applicant will be charged the actual cost plus fifteen (15) percent necessary to make the determination. An engineering proposal with fee will be requested by the utilities division and submitted to the applicant once the fees are known before performing any necessary work. Upon payment of the fees by the applicant the capacity analysis will be conducted.

(Res. of 4-13-09)

Sections 43—45. - Reserved.