Article 4 Extensions
§ 93-56. General Policy.
This Part 2 is established to clearly state the procedure which must be followed in order for an extension of
the water system and/or the water system owned by the City and maintained and operated by the Authority
to be considered.
§ 93-57. Service District.
It shall be unlawful for any person(s) to construct, operate or maintain a public or private water system(s)
within the specified boundaries of the Service District without the expressed written approval of the
respective County, district(s) and/or Authority as provided for herein below.
§ 93-58. Application.
Any person(s) who wish (es) to construct an extension and connect the extension into the
water system and/or the water system owned by the city and maintained and operated by
the Authority must make application to the Utilities Director on the approved form. Said
application form shall be completely filled out, properly signed, and notarized.
The applicant shall be required to comply with all application requirements of the
Authority Policies as contained in Paragraph IV(A), which requirements are hereby
incorporated by reference as if fully set forth herein, except for the following:
All required information shall be submitted to the Utilities Director, who shall
review it for conformity with the provisions of this Part 2. Upon a determination
that the application is in conformance with the provisions of this Part 2, the
Utilities Director shall approve the application on behalf of Henderson County,
and forward the application to the Authority Director.
The applicant shall be required to submit 6 sets of plans and specifications,
instead of the 4 sets required by Subparagraph IV(A)(2) of the Authority
The applicant shall be required to comply with all of the requirements as contained in
Paragraphs IV(B), IV(D) and IV(E) of the Authority Policies, which requirements are
hereby incorporated by reference as if fully set forth herein, except for the following:
The extensions must comply with any and all rules, regulations, or requirements
of the North Carolina Department of Natural Resources, not the Department of
The applicant shall be required to deed all easements for the extension to the
County, the City, and/or the Districts, rather than the City,(see Subparagraph
IV (D) (3) of the Authority Policies) as follows: the easement shall be deeded to
the city if the extension is a regional water line, otherwise the easement shall be
deeded to the County.
The applicant shall be required to submit to the Utilities Director a copy of the
drawings and specifications as approved by the Authority pursuant to
Subparagraph IV(E)(1) of the Authority Policies.
To the extent that the extension is a regional water line, the provisions contained
in Article 10 below shall also apply. To the extent that the provision contained
in Article 10 below conflict with those in this Article 4, Article 10 shall be
deemed to control. See § 93-68A (1) for additional payments required of the
Any references to "the City" shall be deemed to refer to "the City and/or the
County (Henderson County) as appropriate."
The Utilities Director and/or the Henderson County Engineer shall have the
same privileges and authorities to inspect any extension as the Authority
Director. Such inspection shall not consist of or imply supervision or approval
of the work or materials in the extension project. Neither the County nor the
Utilities Department assumes any responsibility for the work performed or
materials supplied. The Developer is solely responsible for insuring that the
extension is completed in accordance with the approved specifications and
drawings and indemnifies and holds the Authority, the City, the County, and the
Utilities Department harmless with respect thereto.
If the cost of the extension is being paid by the applicant, the applicant shall,
upon completion of the extension, be required to deed the extension to the
County. The County shall own, maintain and receive all net revenues from the
extension in accordance with Subsection 6.7 of the Regional Water Agreement,
said Subsection 6.7 being incorporated by reference as if fully set forth herein.
The County may contract with the Authority and/or the City as appropriate to
provide such maintenance, and to provide any and all billing, collection, and
enforcement services for such extension upon such terms as are mutually
If the extension is a regional water line, the Utilities Director shall have the right
granted by Subsection 6.4 of the Regional Water Agreement to report in writing
the Authority Director any deviations of the extension, said Subsection 6.4 being
incorporated by reference as if fully set forth herein.
The applicant shall be subject to the fee schedule adopted by the County and/or
the districts, rather than the fee schedule of the Authority.
The Utilities Director shall have the authority to determine the size and location
of any extension.
The Developer shall guarantee the entire extension project against defective
materials and workmanship for a period of 12 months from the date of
completion and acceptance of the County for claims arising out of defective
materials and workmanship, including such incidental damages as may arise
from such claim.
The Authority and/or the County shall have the right to discontinue service to
any licensed premises wherein the customer or consumer does not maintain the
piping and connections beyond the meter in good repair.
Connections by the Water Department. Except as otherwise provided by this Part 2, every
connection of an extension to the water system (defined as the County's water system in
93-42) shall be made by the Water Department (or by a contractor specified by the
Utilities Director in the event mutually acceptable terms for such service from the Water
Department cannot be reached). However, the Utilities Department shall have the
authority to determine the location of the connection to be made. Except as otherwise
provided by this Part 2 or authorized by the Authority, every connection to the water
system owned by the city and maintained and operated by the Authority shall be made by
the Water Department.
§ 93-59. Extensions by County, Authority or Districts.
The County and/or the Districts shall have the authority to construct any extensions at
their sole cost and expense and connect such extensions to the water system and/or the
water system owned by the city and maintained and operated by the Authority. Nothing
in this Part 2 shall be deemed to preclude any such extension by the County and/or the
Districts. Any extension shall be considered a regional water line, a water transmission
line, a water distribution line, and/or a main, as appropriate. Any extensions made by the
County or the districts to the water system owned by the city and maintained and
operated by the Authority will comply with the current Asheville Buncombe Water
Authority Water System Extension Design Guidelines and Specifications.
In constructing an extension the County and/or the Districts as appropriate shall be
required to comply only with applicable provisions of the regional water agreement.
In the event the Authority constructs an extension of the water system owned by the city
and maintained and operated by the Authority serving only customers outside Henderson
County, the Authority shall provide written notice to the Utilities Director of such
extension for informational purposes only, without any requirement to comply with the
policies in this Part 2. To the extent the Authority constructs a nonregional water line that
is an extension of the water system owned by the City and maintained and operated by
the Authority that will serve customers within Henderson County, the Authority must
receive prior approval from the Henderson County Commissioners for such extension;
however, the application and fee requirements of § 93-58 shall be deemed waived.