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HomeMy WebLinkAbout03/15/99 Water & Sewer Use Text Amendment Sec 30,31,32,33RESOLUTION AMENDING ORDINANCE REGULATING USE OF WATER AND SEWER FACILITIES OPERATED BY THE COUNTY OF HARNETT WHEREAS, the Board of Commissioners of the County of Harnett has previously adopted that certain Ordinance entitled, "Ordinance Regulating the Use of Water and Sewer Facilities Operated by the County of Harnett Fixing Rents, Rates, Fees, and Other Charges and Providing for Collection of Same;" and WHEREAS, the said Ordinance applies to all water supply and distribution systems owned and/or operated by the County of Harnett to include specifically all County water and sewer districts; AND WHEREAS, the Board of Commissioners desires to amend the aforementioned Ordinance by adding attached Exhibit A which sets forth a new Section 30 entitled, "Water Line and Sewer Extension." AND WHEREAS, as a result of the addition of the new Section 30 entitled, "Water Line and Sewer Extension," the previous Ordinance is to be further amended by renumbering the following sections: Section 30, entitled, "Delinquent Service Fees," is amended to read as Section 31, "Delinquent Service Fees;" Section 31, entitled, "Sprinkler Connections," is amended to read as Section 32, "Sprinkler Connections;" and Section 32, entitled, "Provisions for Cut -Off Valve," is amended to read as Section 33, "Provisions for Cut -Off Valve;" NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County of Harnett that the Ordinance named herein above shall be amended by including 1 the attached Exhibit A as Section 30, and that the above - listed sections be renumbered as set forth in this resolution. AND BE IT RESOLVED: 1. That the Ordinance named herein above be amended as attached and as set forth above, and the Ordinance and amendments shall be and remain in full force and effect from and after the date of its adoption; and 2. That the Harnett County Department of Public Utilities is hereby authorized and directed to take such administrative actions as are necessary so as to implement the above Ordinance as amended. Duly adopted this 15th of .March 1999, upon motion made by Commissioner Teddy J. Byrd and adopted by the following vote: Ayes 4 Noes 0 Absent 1 kill' Y Kay S9Blanchard, Clerk a Board Board of Commissioners of the County of HHaa%mett /� �% p By: �14w LS G/.,.G�e Dan B. Andrews, Chairman of the Board F� Attest: kill' Y Kay S9Blanchard, Clerk a Board Board of Commissioners of the County of HHaa%mett /� �% p By: �14w LS G/.,.G�e Dan B. Andrews, Chairman of the Board F� EXHIBIT A SECTION 30 WATER AND SEWER LINE EXTENSION Section 30.1 Water and Sewer Extension in New Developments. The responsibility for extending water and sewer lines to and within new subdivisions or within other new developments lies with the subdivider or developer, although the county may in its discretion contract with the subdivider or developer to install such water or sewer lines with County personnel. (a) The cost of extending water or sewer lines to and within subdivisions or other new developments shall be borne by the subdivider or developer. If the county requires lines within a subdivision or other new development that are larger than those necessary to serve the project and are so located to serve other properties, the county shall reimburse the developer for any additional costs incurred as a result of installing such oversized lines. (b) If a water or sewer system is to be installed in a subdivision in the County's jurisdiction, and the system is to be assumed and maintained by the County immediately upon completion of installation, a complete set of construction plans must be provided for the proposed system. The plans shall be prepared by a registered engineer and shall meet the utility requirements of the County, the Division of Health Services, North Carolina Department of Human Resources and/or the Division of Environmental Management of the North Carolina Department of Natural Resources and Community Development. The plans shall be approved by the administrator and the registered engineer retained by the developer or owner. The engineer shall provide as -built plans and location maps for all valves and hydrant locations. (c) The systems shall be designed in accordance with specifications provided by the County. Fire hydrants shall be spaced to provide coverage within a 1000 foot radius for residential development or a 500 foot radius for commercial development. (d) Minimum water main size shall be 2 inches. Acceptable line sizes are 2 ", 4 ", 6 ", 8' - 12 ", and 16" 20 ". Minimum sewer main size shall be 8 inches. (e) The County will make applications for all necessary permits for extensions. No tie -ins to the existing system may be made until all permits have been secured by the County. (f) The developer shall secure the services of a professional engineer to design the system in accordance with county specifications. The County will monitor all construction to ensure conformity with approved design drawings. (g) All extensions must be within maintained road rights of way or dedicated rights of way and will not be activated until proof of such dedication has been provided to the County. (h) Each individual, apartment, residence, or business, must have an individual meters with the exception of existing apartment complexes, condominiums, shopping centers, mobile home parks and residential developments where lines do not meet County standards. These qualifications for the use of master meters, rather than individual meters, are clearly defined in section 7 of the Harnett County Ordinance Regulating The Use Of Water Facilities. (i) Meters meeting County specification and of appropriate size for desired application shall be furnished to the County at the expense of the developer. and shall become the property of the County. (j) Each occupancy or property owner must post a security deposit and setup fee, as listed in Section 20 (d) of the.above- mentioned ordinance, prior to activation of the service. (k) All water lines and meter services must be in a right -of -way with a minimum width of twenty (20) feet and dedicated to the County for the operation and maintenance of said water lines and meter services. Section 30.2 Extension of Water and Sewer Lines Within the Count v. (a) The County currently extends service to rural areas by 3 methods: 1. Capital Projects using Loan & Grams to fund. 2. Private Development within public rights -of -way or dedicated rights -of -way fimded by private funds. 3. Co- operative Projects - between the County and private sector for commercial and industrial development. The amount of County funds contributed to a co- operative project is guaranteed to be repaid to the County by the developer in net tax proceeds from the improved Property within the first five years. If the net tax proceeds received within the five year period fail to equal the County's fiscal contribution to the project, the Developer shall pay the difference to the County. (b) The County proposes to designate, from the Harnett County General Fund and/or the Public Utilities Fund, certain restricted annual appropriations for the development of water and sewer line extensions within Harnett County. All requests for extensions shall be rated on the following point system. 1. Public Health Severity 40 points 2. Cost Feasibility Based Upon Return of Investment 40 points 3. Contributed Capital by Individual or Business 20 points Points Maximum 100 Points The responsibility for rating each request will be with the Director of Harnett County Department of Public Utilities or the designee of the Director. A minimum score of 50 points is required in order for the Harnett County Board of Commissioners to consider the request. Section 30.3 Extensions Outside of County. (a) . The County has no responsibility to provide water. or sewer service to property located outside the County. However, upon request, the County may extend its water or sewer lines to serve properties outside the County when it determines that it is in the County's best interest to do so. (b) Any owner of property outside the County who seeks an extension of the County's water or sewer system to serve the property shall submit an application for extension to the County. The owner shall provide all information the County deems necessary to determine whether the requested extension is feasible and in the County's best interest. (c) The responsibility for, and the entire cost of, extending a water or sewer line to serve property outside the county shall be borne by the property owner requesting the extension. Section 30.4 Extensions Made by Other than County Personnel. (a) Extensions of the County's water or sewer system installed by other than County personnel, whether inside or outside the county, shall be installed by a licensed utility contractor in accordance with the provisions of this policy as well as other County specifications and requirements. Among other matters, such specifications shall govern the size of all lines, their locations, grades, materials used, manner of installation and provision for future extensions. (b) No construction or any addition to the County's water or sewer system shall continence until detailed plans have been reviewed and approved by the Director of the Harnett County Department of Public Utilities or the designee of the Director. Such plans shall include whatever information the administrator deems necessary to determine whether the proposed extension complies with all applicable county specifications and requirements. (c) Water lines intended for addition to the County cr .ned water system will be allowed to connect to the system if installed within the rights - of -way of a dedicated street or if adequate permanent easements are provided. Sewer lines shall also be installed within public street rights - of -way wherever practical, but the County may accept sewer lines constructed on private property (where the topography makes this necessary) if adequate permanent easements are provided. (d) To protect street surfaces, the County shall require that whenever extensions of water or sewer lines are made to properties or within new subdivisions, laterals be extended to all properties expected to tap onto such water or sewer lines. Section 30.5 Observation by County of Work Done by Others. (a) All work on the extension of water or sewer lines not performed by County forces (whether inside or outside the county), shall be subject to observation by the County. If, in the judgment of the Director of Harnett County Department of Public Utilities, or the Director's designee, there is a demonstrated lack of competent supervision by a contractor, the administrator may at his option: 1. Stop work until approved supervision is obtained and the work is done in accordance with County specifications and requirements; or 2. Provide observation by County personnel. (b) Observation of a project by the County does not consist of or imply supervision. The person requesting the extension is solely responsible for ensuring that the project is completed according to State approved plans and County specifications. Section 30.6 Dedication of Water and Sewer Line Extensions. (a) All water and sewer mains constructed and connected with the water and/or sewer facilities of the County pursuant to this section shall be conveyed to and become the property of the County upon completion and acceptance by the County. Connection to the system and acceptance by the County shall constitute dedication of a water or sewer main extension by the person responsible for the extension. (b) Following dedication as provided in Subsection (a), the County shall have exclusive control of all water or sewer lines and shall be responsible for their maintenance, repair and operation. However, the conveyor of additions to the system shall guarantee the entire project against defective material and workmanship for a period of twelve (12) months from the date of acceptance of the project, including such incidental damages as may arise from such claims. (c) Design engineers must provide the County with a copy of the certification to the State that the water or sewer mains are installed in accordance with the plans approved by the appropriate State agency. The design engineer shall also provide the County with one (1) set of reproducible as -built drawings of all lines installed, and one set of drawings or electronic disk in auto cad format. c:4 nsolfice lw,tnword\linertllineext.doc :1 '10- s_ MEMORANDUM TO: Neil Emory, County Manager FROM: Rodney M. Tart, Director, �( DATE: October 25, 1995 SUBJECT: Water Line Extension Policy Harnett County Department of Public Utilities >ER A1.iEF! ^, AFi I`.'4TE' C)RKS ASSOCIA7101! Pursuant to our telephone conversation on Monday, October 23, I herewith submit to you for your continued action and reference, the policy regarding water line extension. At the current time, there has not been a specific, written policy incorporated into our rules and regulations. The attached document, as written, is our current policy in which we operate at times with the exception to two areas. I will specify those areas later in this memo. First of all, the rules and regulations that we currently operate under cover Section 1 through Section 28. I have drafted this policy as being the next section referenced as Section 29. Section 29.1 regards water and sewer extensions in new developments. All of the points referenced, A through K, are currently being enforced with exception to Item C. Section 29.2, Extension To Water And Sewer Lines Within Harnett County, is being enforced as currently written under Item A. Item B has been drafted for the purpose of Board consideration. Item 29.3, Extensions Outside The County, is currently in our Operating Policy. Section 29.4, Extensions Made By Other Than County Forces, is currently in our Operating Policy. Section 29.5, Observation By County For Work Done By Others, is currently in our Operating Policy. Section 29. 6, Dedication To Water & Sewer Line Extensions, is currently in our Operating Policy. Exceptions to be noted: Under 29. 1, Water & Sewer Extensions In New Development, Item C, we currently have no specific policy with regard to minimum fire requirements. The Planning Department has been enforcing or requesting additional fire protection, but this is on an unofficial basis. Item C, as written, requires that systems shall be designed in accordance with specifications provided by the County. Fire hydrants shall be spaced to provide coverage within a 1000' radius for residential development or a 500' radius for commercial development. 1 believe this item should be endorsed by the County and can be implemented through the County Planning Department as well as Public Utilities. This was reviewed by the Special POS C=GICe BO }: 1 I Ic -2- Utilities Advisory Board on October 24, 1995, and their recommendation was to ask the County Board of Commissioners to adopt the same. Section 29.2, Extension Of Water And Sewer Lines Within The County; as indicated under this section, there is presently only three methods. This has been an unwritten County policy and there has been previous practice that has been evident through various projects that we have provided. Item B is a new proposal for the Board's consideration. This was discussed at the October 24, Special Utilities Advisory Board meeting as well. I explained to them the interest of some of the Commissioners with respect to extending water lines down some of our private roads and /or service roads that currently have no water on them. The only way that water will appear on these roads will be through some type of special appropriation or special project. The roads that remain in Harnett County that do not have a utility on it now will have to be done in phases which will not be feasible to do by a special bond referendum or other type of project due to the financial cost. Therefore, it may be more prudent to establish a special appropriation on an annual basis and install these lines based upon certain criteria and feasibility. You will note that there are three criteria that are recommended by our staff: 1. Public Health Severity, 2. Cost Feasibility based upon return on investment, and 3. Contributed Capital by individuals or businesses. These are weighted 40 points, 40 points, and 20 points respectively. Our department would have to develop a check list where we would look at the Public Health issue by evidence of contaminated wells or severe water quality. Additionally, there would have to be a review based on the number of connections per foot of pipe as well as the number of years it would required based upon anticipated revenue of connections to pay for the investment. Finally, if there is a water line extension request and the individual that is along the stated line is willing to put up some contributed capital that should have some weight upon that project getting some special consideration. This document, as indicated, has been issued to the Special Utilities Advisory Board and they are currently evaluating this. There will be a meeting the 4th Tuesday in January in which we will discuss this and develop a final recommendation to take to the Board. This information is offered to you for any discussion that you may have with the Board with regard to this effort. I appreciate you bringing this to my attention in that it does cause my department to have to draft operating policies into writing which is healthy and necessary in being able to have uniform guidelines and treating everyone the same. cc: Special Utilities Advisory Board H.L. Sorrell, Chairman, Board of Commissioners RWT:cah c: special: 34 SECTION 29 WATER AND SEWER LINE EXTENSION Section 29.1 Water and Sewer Extension in New Developments. The responsibility for extending water and sewer lines to and within new subdivisions or within other new developments lies with the subdivider or developer, although the county may in its discretion contract with the subdivider or developer to install such water or sewer lines with County forces. a. The cost of extending water or sewer lines to and within subdivisions or other new developments shall be borne by the subdivider or developer. If the county requires lines within a subdivision or other new development that are larger than those necessary to serve the project and are so located to serve other properties, the county shall reimburse the developer for any additional costs incurred as a result of installing such oversized lines. b. If a water or sewer system is to be installed in a subdivision in the County's jurisdiction, and the system is to be assumed and maintained by the County immediately upon completion of installation, a complete set of construction plans must be provided for the proposed system. The plans shall be prepared by a registered engineer and shall meet the utility requirements of the County, the Division of Health Services, North Carolina Department of Human Resources and or the Division of Environmental Management of North Carolina Department of Natural Resources and Community Development. The plans shall be approved by the Administrator and the registered engineer retained by the developer or owner. The engineer shall provide as =built plans and location maps for all valves and hydrant locations. C. The systems shall be designed in accordance with specifications provided by the County. Fire hydrants shall be spaced to provide coverage within a 1000 foot radius for residential development or a 500 foot radius for commercial development. d. Minimum water main size shall be 2 inches. Acceptable line sizes are 211, 4 ", 600, 8" -1211, and 16" -20 ". Minimum sewer main size shall be 8 inches. e. The County will make applications for all necessary permits for extensions. No tie -ins to the existing system may be made until all permits have been secured by the County. f. The developer shall secure the services of a professional engineer to design the system in accordance with county specifications. The County will monitor all construction to ensure conformity with approved design drawings. q. All extensions must be within maintained road rights of way or dedicated rights of way and will not be activated until proof of such dedication has been provided to the County. The recordation in the Office of the Register of Deeds for Harnett County, North Carolina, of a plat for a subdivision dedicating a street right -of -way for ingress and egress, or similar dedication in a Deed recorded in said office, shall constitute dedication of such right -of -way for all public purposes, including the right to install public water or sewer lines. h. Each individual unit must have an individual meter with the exception of existing apartment complexes, condominiums, shopping centers, mobile home parks and residential developments where lines do not meet County standards. i. Meters meeting County specification and of appropriate size for desired application shall be furnished to the County at the expense of the developer. J. Each occupancy or property owner must post a security deposit and set- up fee listed in Section 2 -4 prior to activation of the service. k. All water lines and meter services must be in a right -of -way with a minimum width of twenty (20) feet and dedicated to the County for the operation and maintenance. Section 29.2 Extension of Water and Sewer Lines Within the County. a. The County currently extends service to rural areas by 3 methods; 1. Capital Projects using Loan 6 Grants to Fund. 2. Private Development within public rights -of -way or dedicated rights -of -way funded by private funds. 3. Co- operative Projects - County and private sector funds projects for commercial and industrial development. The amount of County funds contributed is guaranteed by developer in net tax return from Property within the first five years equalling the County's fiscal contribution. b. The County proposes to appropriate from the general fund and Public Utility funds certain restricted annual appropriations for the development of water and sewer line extensions. The selection criteria for these extensions is based upon the following; 1. Public Health Severity - 40 points 2. Cost Feasibility Based Upon Return On Investment - 40 points 3. Contributed Capital by Individual or Business - 20 points . Section 29.3 Extensions Outside of County. a. The County has no responsibility to provide water or sewer service to property located outside the County. However, upon request, the County may extend its water or sewer lines to serve properties outside the county when it determines that it is in the County's best interest to do so. b. Any owner of property outside the County who seeks and extension of the County's water or sewer system to serve the property shall submit and application for extension to the County. The owner shall provide all information the County deems necessary to determine whether the requested extension is feasible and in the County's best interest. C. The responsibility for and the entire cost of extending a water or sewer line to serve property outside the county shall be borne by the property owner requesting the extension. Section 29.4 Extensions Made by Other than County Forces. a. Extensions of the County's water or sewer system installed by other than county forces, whether inside or outside the county, shall be installed by a licensed utility contractor in accordance with the provisions of this policy as well as other County specifications and requirements. Among other matters, such specifications shall govern the size of all lines, their locations, grades, materials used, manner of installation and provision for future extensions. b. No construction on any addition to the County's water or sewer system shall commence until detailed plans have been reviewed and approved by the administrator. Such plans shall include whatever information the administrator deems reasonably necessary to determine whether the proposed extension complies with all applicable county specifications and requirements. C. Water lines intended for addition to the County owned water system will be allowed to connect to the system if installed within the rights - of-way of a dedicated street or if adequate permanent easements are provided.. Sewer lines shall also be installed within public street rights -of -way wherever practical, but the County may accept sewer lines constructed on private property (where the topography makes this necessary) if adequate permanent easements are provided. d. To protect street surfaces, the County shall require that whenever extensions of water or sewer lines are made to properties or within new subdivisions, laterals be extended to all properties expected to tap on to such water or sewer lines. Section 29.5 Observation by County of Work Done by Others. a. All work on the extension of water or sewer lines not performed by county forces (whether inside or outside the county) shall be subject to observation by the county. If, in the judgement of the administrator, there is a demonstrated lack of competent supervision by a contractor, the administrator may at his option: 1. Stop work until approved supervision is obtained and the work is done in accordance with County specifications and requirements; or 2. Provide observation by County personnel. b. Observation of a project by the County does not consist of or imply supervision. The person requesting the extension is solely responsible for ensuring that the project is completed according to State approved plans and County specifications if the work.is not done by County forces and may be required to rearrange or do over any work to bring it into conformity with such specifications and requirements. Section 29.6 Dedication of Water and Sewer Line Extensions. a. All water and sewer mains constructed and connected with the facilities of the County pursuant to this section shall be conveyed to and become the property of the County upon completion and acceptance by the County. Connection to the system and acceptance by the County shall constitute dedication of a water or sewer main extension by the person responsible for the extension. b. Following dedication as provide in subsection a, the County shall have exclusive control of all water or sewer lines and shall be responsible for their maintenance, repair and operation. However, the conveyor of additions to the system shall guarantee the entire project against defective material and workmanship for a period of twelve (12) months from the date of acceptance of the project, including such incidental damages as may arise from such claims. C. Design engineers must provide the County with a copy of the certification to the State that the water or sewer mains are installed in accordance with the plans approved by the appropriate State agency. The design engineer shall also provide the County with one (1) set of reproducible as -built drawings of the lines installed.