Middle Creek Special Utility Area, Utility Service to

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POLICY STATEMENT 64

UTILITY SERVICE TO MIDDLE CREEK SPECIAL UTILITY AREA

Prepared by:                        Stephen Brown, Director of Water Resources

Supersedes:                         11/13/97

Adopted by Council:           10/30/14

Effective:                              10/30/14 

The Town of Cary has designated a Special Utility Area within the Middle Creek drainage basin.  This Special Utility Area has been established whereby properties which are accessible to the Town of Cary utility system may obtain utility service by compliance with this policy and Town Council approval.  This special utility area is defined geographically as that area located south of NC SR 1010 and north of the existing South Cary Water Reclamation Facility which drains by gravity to the plant or may be directed to the Town's gravity sanitary sewer collection system via force main. 

The Town anticipates this Special Utility Area will begin to urbanize and therefore will provide utility service to promote quality development within the area with provisions for planned infrastructure (water, sanitary sewer, streets) and amenities provided by such development.  All development which is a part of the Special Utility Area must comply with the Town of Cary Master Land Use Guide, Town development standards and shall be in accordance with Wake County zoning requirements. 

Proposed Development 

The following items must be complied with for all proposed development requesting utility service. 

  1. The development shall border the Town utility system or obtain easements and construct the utility system in accordance with the Town Master Utility Plan as amended and Town Standards.  The construction of wastewater pump stations within this area shall not be allowed unless specifically approved by the Town Council.  All newly constructed utility lines shall be adequately sized to accommodate upstream developments.  The Town will not reimburse the Developer for any oversizing of utility lines.

     

  2. The Developer shall be responsible for the extension of the Town’s water system to the development requesting utility service in accordance with the Town’s Master Water Plan.  The Developer may request consideration of the Town Council for entering into a “reimbursement contract” for the cost of the offsite water line extension in accordance with Town Policy.

     

  3. The development shall pay all acreage fees for the utility service provided by the Town in accordance with the acreage fee schedule and the Town Policy Statement #23 “Water and Wastewater System Extension Policies.” The Town shall charge the development a combined utility acreage fee to be established for the Special Utility Area.  Additionally, all applicable tap fees shall be paid at such time as the development connects to the Town utility system.
  1. A valid annexation agreement shall be signed by the property owner(s) whereby at such time as the property becomes contiguous to the Town’s corporate limits or the satellite annexation criteria is met, the Town could annex the property.  The annexation agreement shall be a part of the deed of transfer of the property so as to be binding to respective property owners.  The Town would not provide other municipal services (fire, police, sanitation, etc) until such time as the development is annexed. 
  2. The development shall comply with the current Thoroughfare Construction Policy and Thoroughfare Guide of the Town in effect at the time of approval of the development.  All street construction shall be in accordance with Town and N.C. Department of Transportation standards.
  3. The development shall construct water and sanitary sewer systems in accordance with Town standards.  In the event that water service is not available to the property at the time of development, a water distribution system shall be completely constructed along all roadways, excluding the actual installation of fire hydrants, so as to be accessible at such time as water service becomes available to the property.  All wastewater generated by the development shall be metered through a primary effluent flow measuring device or other method as approved by the Town to be constructed by the development.
  4. All water, sanitary sewer, street, and storm drainage construction shall be inspected by the Town or its agent.  Prior to acceptance for substantial completion by the Town of Cary, all water and sanitary sewer engineering certifications shall be accompanied with a copy of the contract between the Town of Cary and the developer for payment of services.
  5. The sanitary sewer system may be accepted by the Town for maintenance following construction of the system in accordance with Town Standards and pending a one (1) year warranty period.
  6. The utility rate for the development shall be in accordance with the current charges established by the Town Council for water and/or sewer for utility customers outside the corporate limits of the Town of Cary."
  7. All development shall be in accordance with current Town standards for properties within the Town extraterritorial jurisdiction or by means of a utility contract for development outside the Town extraterritorial jurisdiction.  The development shall meet the Town standards for underground power and street light placement.  All developments requiring site plan approval shall meet the Town landscape requirements. 

Existing Developments 

The following items must be complied with for all existing development requesting utility service: 

  1. The development shall border the Town utility system or obtain easements and construct the utility system in accordance with the Town Master Utility Plan as amended and Town standards.  The construction of wastewater pump stations within this area shall not be allowed unless specifically approved by the Town Council.  All newly constructed utility lines shall be adequately sized to accommodate upstream developments.  The Town will not reimburse the Developer for any oversizing of utility lines. 
  2. The Developer shall be responsible for the extension of the Town’s water system to the development requesting utility service in accordance with the Town’s Master Water Plan.  The Developer may request consideration of the Town Council for entering into a “reimbursement contract” for the cost of the offsite water line extension in accordance with Town Policy. 
  3. The development shall pay all acreage fees for the utility service provided by the Town in accordance with the acreage fee schedule and the Town Policy Statement #23 “Water and Wastewater System Extension Policies.”  The Town shall charge the development a combined utility acreage fee to be established for the Special Utility Area.  Additionally, all applicable tap fees shall be paid at such time as the development connects to the Town utility system. 
  4. A valid annexation agreement shall be signed by the property owner(s) whereby at such time as the property becomes contiguous to the Town’s corporate limits or the satellite annexation criteria is met, the Town could annex the property.  The annexation agreement shall be a part of the deed of transfer of the property so as to be binding to respective property owners.  The Town would not provide other municipal services (fire, police, sanitation, etc) until such time as the development is annexed.
  5. Following annexation by the Town, all water, sanitary sewer and street improvements required shall be constructed by the Town through the Town assessment procedure for property owners.  All applicable utility acreage and tap fees shall be paid by each property owner at the time of connection to the Town utility system. 
  6. The development shall construct water and sanitary sewer systems in accordance with Town standards.  All wastewater generated by the development shall be metered through a primary effluent flow measuring device or other method as approved by the Town to be constructed by the development. 
  7. All water, sanitary sewer, street, and storm drainage construction shall be inspected by the Town or its agent.  Prior to acceptance for substantial completion by the Town of Cary, all water and sanitary sewer engineering certifications shall be accompanied with a copy of the contract between the Town of Cary and the developer for payment of services.
  8. The sanitary sewer system downstream of the flow measuring device may be accepted by the Town for maintenance following construction of the system pending a one (1) year warranty period.
  9. The utility rate for the development shall be in accordance with the current charges established by the Town Council for water and/or sewer for utility customers outside the corporate limits of the Town of Cary."
  10. All development shall be in accordance with current Town standards for properties within the Town extraterritorial jurisdiction or by means of a utility contract for development outside the Town extraterritorial jurisdiction.