Article 5 - Connections
§ 93-60. General Policy.
This policy is established to clearly state the procedure which must be followed in order for a connection to
the water system and/or the water system owned by the city and maintained and operated by the Authority
to be considered.
Unauthorized use. It is unlawful for a person to have any connections made to any
premises or to take and use any water from the water system and/or the water system
owned by the city and maintained and operated by the Authority without first obtaining
permission to do so from the Utilities Department and the Water Department. The right to
take and use water distributed through the water system and/or the water system owned
by the city and maintained and operated by the Authority exists only under permit and
approval, and no connection may be made or modified to the water system and/or the
water system owned by the city and maintained and operated by the Authority or to any
privately or publicly owned extension thereof for any purpose unless a permit shall first
have been obtained from the Water Department and the Utilities Department. The
unauthorized connection may result in the termination of water service to the violator, as
well as all other penalties, civil or criminal, as provided by law.
Connections by the Water Department. Except as provided herein, all connections to the
water system (defined as the County's water system in § 93-42) in their entirety,
including the replacement and repair of pavement and sidewalks, 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 to the water system. Except as provided herein or
otherwise 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 in its entirety.
Non obligation. The receipt by the Utilities Director of an application for connection or
water service in general, regardless of whether or not accompanied by a deposit, shall not
obligate the Utilities Director or the Authority to render the service applied for.
§ 93-61. Application.
Any person(s) who wish (es) to connect to 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 and other
requirements of the Authority Policies as contained in Paragraph III(B), III(C), III(D) and
III(E), 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 connections must comply with any and all rules, regulations, or
requirements of the North Carolina Department of Environment and Natural
Resources if applicable, not the Department of Human Resources.
If the connection is made to a regional water line, all net revenues generated by
the connection shall be deemed net revenues to be credited towards the actual
regional water line costs of the regional water line to which it is connected in
calculating additional payments required of the applicant or the County, if any,
in accordance with §93-68A (1) and 93-69 below.
Any references to "the city" shall be deemed to refer to "the city and/or the
County (Henderson County) as appropriate."
The Utilities Director, the Henderson County Engineer, and/or any duly
authorized employee or agent of the Authority and/or the city shall have the
authority to inspect any connection. Such inspection shall not consist of or imply
supervision or approval of the work or materials in the extension project.
Neither the County, the Utilities Department, the City, nor the Authority
assumes any responsibility for the work performed or materials supplied.
If the connection is a regional water line or is connected to 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 to the Authority Director any
deviations of the connection, 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 Utilities Director shall determine the location of the connection to be made.
The Utilities Director shall review the application to determine whether the
connection can be made into a regional water line, or any water line owned by
the County. If the Utilities Director determines that connection can be made into
a regional water line, or a water line owned by the County, the applicant shall be
required to connect into said regional water line or line owned by the County. In
the event the Utilities Director determines that a connection can be made into
proposed regional water line, or a line proposed for construction by the County,
but such lines have not been constructed or are in the process of being
constructed, the Applicant may be granted a conditional permit by the Utilities
Director, allowing connection into any available line of the water system owned
by the city and maintained and operated by the Authority until such time as the
construction of the regional water line or other County-owned line has been
completed, at which time the applicant shall be required to connect into such
regional water line or County-owned line.
Any person who connects to the water system and/or the water system owned by the City
and maintained and operated by the Authority will be required to sign a water service
agreement in accordance with the terms and conditions contained in Article 6 below.