§ 5.12. Utilities.

5.12.1. Water and Sewerage.

(a)

Service by public systems.

(1)

All development within the boundaries of Chapel Hill's Urban Services Area, as defined in the comprehensive plan, shall be served by a public water supply and a public sanitary sewer system. No zoning compliance permit or building permit shall be issued for any structure within the town's urban services area (as defined in the comprehensive plan), absent evidence that the structure can be served by public water and sewer facilities. Existing development not served by public water and sewer shall not be considered as nonconforming within the meaning of article 7 of this chapter. Provided however that permits may be issued to authorize the reconstruction, rehabilitation, renovation, or expansion of a development existing on or before January 27, 2003, whether or not such development is served by a public water supply and a public sanitary sewer system, subject to applicable regulations, including demonstration of compliance with county health department regulations. (Ord. No. 2003-09-22/O-2, § 1)

Exception: The town manager, or designee, may exempt individual single- and two-family development from the requirement for public water and sewer facilities, based on the presentation of substantial evidence by the applicant that such public facilities are not immediately adjacent to the lot and are not accessible by private lateral utility service lines. A letter from the Orange Water and Sewer Authority or successor agency stating that an extension of public water or sewer main would be required to serve the subject property shall constitute substantial evidence as described above. New development that is granted this exception, to allow private water or sewer facilities, shall connect to public water and sewer facilities, by private lateral utility service lines, at such time that public facilities become accessible by private lateral utility service lines.

(2)

Fire hydrants of sufficient water pressure to provide adequate fire protection shall be provided where necessary, as determined by the town manager.

(3)

All proposed public water and sanitary sewer installations shall be approved by the Orange Water and Sewer Authority (OWASA). Certification of such approval shall be submitted to the town manager prior to issuance of any zoning compliance permit for the development being served.

(4)

No building permits shall be issued until all required water mains and fire hydrants are installed and operational. For purposes of this subsection, "operational" means that the water mains and fire hydrants are capable of delivering sufficient water to meet domestic and fire fighting needs.

(5)

No certificate of occupancy for a structure shall be issued until the following documents have been submitted to the town manager:

A.

Certification from the Orange Water and Sewer Authority that all water and/or sewer facilities necessary to serve such structure have been completed to the Orange Water and Sewer Authority standards; and

B.

As-built construction drawings of those completed water and/or sewer facilities located within a public right-of-way or easement.

(b)

Service by individual systems.

(1)

Individual water supply systems intended to provide potable water are permitted outside of the urban services area, subject to approval by the appropriate county health department. Certification of such approval shall be submitted to the town manager prior to issuance of any zoning compliance permit for the development being served.

(2)

Individual subsurface sewage disposal systems are permitted outside of the urban services area, subject to approval by the appropriate county health department. Certification of such approval shall be submitted to the town manager prior to issuance of any zoning compliance permit for the development being served. A lot with an individual subsurface sewage disposal system shall also have a replacement filed location approved by the appropriate county health department. (Ord. No. 2004-02-23/O-2)

5.12.2. Other Utilities.

(a)

All utility lines other than lines used only to transmit electricity between generating stations or substations shall be placed underground, and all surface disruptions required for installation shall be rehabilitated to the original or an improved condition. Three-phase electric power distribution lines are not required to be placed underground except as provided in subsection (b), below.

(b)

Three-phase electric power distribution lines.

(1)

Three-phase electric power distribution lines shall be placed underground if:

A.

Duke Energy agrees in a written statement to provide utilities underground; and

B.

Three-phase lines shall be placed underground by the applicant where:

1.

There is a rational nexus between the impact of the proposed development and the proposed utility requirement; and

2.

The costs of placing the utilities underground are roughly proportionate to the impacts of the development on adjoining properties or the town; and

3.

Placing the utility underground does not violate any provision of the electrical code or other relevant safety standard; and

4.

The applicant has the legal right to place the lines underground where they are located off-site.

(2)

Three-phase lines are not required to be placed underground if the applicant or Duke Energy demonstrates that the burial would create economic hardship or a danger to public health or safety as it relates to the size, nature, timing, and scope of the proposed development.

(c)

A letter or letters certifying the availability of immediate service from each of the other utilities (electric, gas, telephone, cable television) serving a structure shall be submitted to the town manager prior to issuance of a zoning compliance permit for such structure.

(d)

No certificate of occupancy for a structure shall be issued until the following documents or certifications from the appropriate utilities that all facilities necessary to provide electric, gas, telephone, and/or CATV service to such structure have been completed to the standards of the appropriate utilities have been submitted to the town manager.

( Ord. No. 2016-03-21/O-1 , § 9)