Article IV - Exercise of Powers With Regard To Sewer Extensions

The Henderson County Manager is hereby authorized to exercise such powers and to take such action as the Board of Commissioners is authorized to exercise and take under Henderson County Code, Chapter 94, Sewers, Article VIII, Sewer Extensions subject to the terms and conditions as contained in this article, and except as provided herein.

The Henderson County Board of Commissioners reserves unto itself the authority granted to the Board of Commissioners under Henderson County Code, Chapter 94, Sewers, Article VIII, Sewer Extensions, and the Henderson County Manager shall not be authorized to act pursuant to this article, in the following circumstances:

1. If Henderson County has received a request by a sewer customer for annexation into any existing sewer district within Henderson County of any property, or portion of property, that may be affected by the sewer extension application; or
2. If Henderson County staff recommends that any property or portion of property which would be affected by a sewer extension application be annexed into any sewer district within Henderson County; or
3. If Henderson County has received actual notice of an intent to annex or a notice of public hearing has been advertised pursuant to N.C.G.S. 160A-31, pertaining to the annexation into an incorporated municipality within Henderson County of any property, or portion of property, which would be affected by a sewer extension application; or
4. If the sewer extension application is for sewer service in the Cane Creek Water and Sewer District and the requested allocation is more than 40,000 gallons per day; or
5. If the sewer extension application is for sewer service in the Mud Creek Water and Sewer District and the requested allocation is more than 2,000 gallons per day; or
6. If Henderson County's remaining sewer treatment allocation is less than 500,000 gallons per day; or
7. If the sewer extension application will require any funding from Henderson County that was not approved pursuant to the adoption of the then current Budget Ordinance.

The Henderson County Manager or the Henderson County Utilities/Sewer Department shall provide to the Board of Commissioners monthly reports reflecting any sewer allocations granted by the Henderson County Manager in the exercise of his authority under this article and reflecting the total allocations granted as of the date of the report, regardless of whether the allocations were granted by the County Manager or by the Board of Commissioners.

In exercising the authority granted by the terms of this article, the Henderson County Manager shall, at all times, adhere to applicable federal, state and local laws, rules, regulations and policies, including, but not limited to, Henderson County Code Chapter 94, Sewers, concerning sewer extensions.