§ 4-1-12. Extension of water and sewer system; responsibilities and expenses; specifications; ownership of extensions.

(a)

Requests for extensions of the water and/or sewer lines of the city's water and sewer system to property located either within or without the corporate limits of the city shall be subject to approval of the city council.

(b)

Responsibility for construction and cost of extensions of either water and/or sewer lines, either within or without the corporate limits of the city shall be as follows:

(1)

Extensions of water and/or sewer lines . Any person, firm, or corporation requesting such extensions to property shall employ a licensed contractor, approved by the city, to install such extensions and shall be responsible for all costs of such extensions; provided however that for extensions of water and/or sewer lines of less than 1,000 feet, the city may, in its discretion, install the extensions and the person, firm or corporation requesting such service shall be required to pay for all costs, including labor, materials and equipment.

(2)

Extensions of water and/or sewer lines; alternate procedure . Any person, firm, or corporation located within a densely populated area may, as an alternate procedure, petition the city council to install and pay for an extension of water and/or sewer lines to serve said area. Such petitions shall be considered by city council when developing capital improvement plans for the water and sewer system during preparation of the city's annual budget on the basis of the following factors:

a.

city's overall plan of extension;

b.

city's projected growth area plans;

c.

number of potential customers;

d.

cost effectiveness;

e.

engineering feasibility;

f.

available funding.

(c)

Subdividers of land, as defined in the subdivision regulations of the city, when extending water and/or sewer lines within a subdivision, shall be required to have all such extensions installed by a licensed contractor, approved by the city, and shall be responsible for all costs of such extensions.

(d)

The design, plans, and specifications of all proposed extensions of water and/or sewer lines, and all proposed water and/or sewer lines to be installed within subdivisions shall first be submitted for approval by the city and any other governmental agency having jurisdiction thereof, and shall be in compliance with the current editions of the following which may be amended from time to time:

(1)

The City of Conway Land Development regulations.

(2)

The City of Conway Water and Sewer Extension Guidelines, Policies, and Specifications.

(3)

State Primary Drinking Water Regulation: R.61-58 (South Carolina Department of Health and Environmental Control).

(4)

International Fire Code/Building Code.

(5)

Guide for Determination of Needed Fire Flow (Insurance Services Office).

(e)

Any person, firm, corporation or subdivider requesting an extension of water and/or sewer lines or water and/or sewer connection for land outside the corporate limits of the city as a condition of service of water and/or sewer shall be required to annex said land and all property of the owner contiguous to said land into the city. If the city does not desire to then annex the property, a subsequent petition for annexation shall be required at such time or times as the city may desire to annex the property. Further, a deed restriction as to this requirement shall be required to be filed in the Office of the Clerk of Court for Horry County, South Carolina, prior to service. The city may require an annexation petition to be executed at the time service is requested.

(f)

Upon completion of the subdivision water and/or sewer system, or installation of water and/or sewer lines, the owner or subdivider shall convey the system to the city together with all necessary easements for access thereto for purposes of operation and maintenance. The city shall then accept the system or lines into the city system and thereafter operate and maintain the system at no further expense to the owner or developer.

(g)

Any person, firm, or corporation violating any provision of this title shall be subject to such penalties as provided in section 1-3-48; a separate offense shall be deemed committed on each day during or on which a violation occurs or continues to occur.

(Ord. of 10/25/82, as amended by Ord. No. 11-25-85, 11/25/85; Ord. No. 88-10-24(B), 10/24/88 Ord. No. 98-07-27(k), 7/27/98; Ord. No. 2010-12-13(C), 12/13/10; Ord. No. 2013-06-03(C), 6/3/13)

Amendment Note : Subsection (e) was amended to provide a procedure for subsequent annexation of property into the city. A portion of the outside of city territory in subsection (e) was excluded from forced annexation by Ord. No. 88-10-24(B).