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HomeMy WebLinkAboutRES-2001-117 Resolution Amending the Rules and Regulations for the Operation of the Efland Sewer Treatment System NORTH CAROLINA RESOLUTION AMENDING THE RULES AND REGULATIONS FOR THE ORANGE COUNTY OPERATION OF A SEWER COLLECTION TREATMENT SYSTEM TO SERVE THE EFLAND AREA OF ORANGE COUNTY WHEREAS, the Rules and Regulations for the Operation of a Sewer Collection Treatment System to Serve the Efland Area of Orange County (hereafter the Rules) were originally adopted November 19, 1985 and were subsequently amended March 1, 1988, November 5, 1988 and October 19, 1999, and WHEREAS, from time to time amendments are made to the Rules to enhance their implementation and applicability, and WHEREAS, Orange County promotes and provides substantial funding to affordable housing projects located in the County, and WHEREAS, it is in the best interests of Orange County to support the Orange County Long Term Affordability Policy. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that: The Rules are amended as follows: g:\craig\documents\resolution-eflandsewer-12-11-01-version\dg Be it resolved by the Board of Commissioners of Orange County that the Rules as amended herein (shown with underling) shall govern the operation of the Orange County Sewer Collection and Treatment System serving the Efland area of Orange County [hereinafter called "the system," "the System" or "System"I I. CLASSIFICATION OF SERVICE II. WASTEWATER TREATMENT LIMITATIONS III. RATE SCHEDULE AND AVAILABILITY FEES IV. APPLICATION FOR SERVICE * * * * * * * * * * * V. DEPOSIT VI. INITIAL OR MINIMUM CHARGE A. There will be a separate account established for each sewer connection to the system. Each such account will be in the name of the user. The minimum monthly charge as provided in the rate schedule will be made for each account for any monthly usage up to the minimum 3,000 gallons. B. In those cases where the connection is to property which receives its water by well, the minimum monthly charge will be that established in the rate schedule unless water consumption exceeds the minimum contained in the rate schedule. The County reserves the right to meter the well of any user to determine that user's water usage. g:\craig\documents\resolution-eflandsewer-12-11-01-version\dg Amended / /01 C. In those cases where the connection is to property which is in a residential development which has received substantial funding from Orange County as an affordable housing project consistent with the Orange County Long Term Affordability Policy, there will be a monthly charge established in the rate schedule for a fund for the perpetual inspection and maintenance of any pump station serving the development. VII. COUNTY'S RESPONSIBILITY AND LIABILITY * * * * * * * * * * * VIII. USER'S RESPONSIBILITY IX. EXTENSIONS OF THE SYSTEM Amended 3/1/88 System extensions to serve undeveloped land may occur, but only as follows: A. All such extensions must be consistent with the overall System plan as adopted from time to time by Orange County. and All such extensions must be approved by the County Engineer. B. Extension of the System to new developments can only be approved by the County Engineer if all zoning, subdivisions a-R4 land use plan and other comprehensive plan elements of Orange County and ethef applicable municipal land use plans Hillsbereugh, of , are met. With respect to subdivisions, the subdivision preliminary plat must be approved by the County or the Town, if applicable, which preliminary plat shall include approved preliminary plans for the System g:\craig\documents\resolution-eflandsewer-12-11-01-version\dg extension. Planned development plans which include System extensions must include approved preliminary plans for the System extension. C. All System extensions must be consistent with Goal 9.3 of the Orange County Land Use Plan which goal "prohibit[s] the establishment of public water and sewer services in the areas designated water quality critical areas, except to address emergency situations-." and with any Water and Sewer Policy of the County adopted as part of its Comprehensive Plan. D. All System extensions shall be installed according to and in compliance with approved plans. E. Construction of System extensions will be inspected by Orange County eF its eRgineeF at intervals determined by the County. The person seeking System extension agrees to permit access to the System and the System extension for inspection purposes. User connections to the System will only be permitted after the extension of the System is finally approved in writing by Orange County. F. Upon the completion of the System extension the owner/developer will convey by deed or other appropriate instrument all portions of the System extension, including but not necessarily limited to right-of-way easements, collection lines, service lines, stub-outs, permits, pump stations and equipment, plumbing facilities and hardware. All System extensions will be at no cost to Orange County. Amended / /01 G. Except as provided in Section VI.C. of these rules. all System extensions requiring one or more pump stations will require the system extension applicant today for an inspection and maintenance fund for the g:\craig\documents\resolution-eflandsewer-12-11-01-version\dg perpetual inspection and maintenance of the pump stations required for the System extension. The amount to be paid and the terms of payment shall be established by Orange County and incorporated into the Sewer Extension Agreement/Contract between the System extension applicant and Orange Counj . X. ACCESS TO PREMISES OF A USER XI. CHANGE OF OCCUPANCY Upon motion of Commissioner seconded by Commissioner o iS, the foregoing resolution was adopted this the A day of a , 2001. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on /02 /r , 2001 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. ,21 of the minutes of said Board. WITNESS my hand and the seal of said County, this z i-L day of oe('eo�w 2001 Clerk to the and of Comm' sioners g:\craig\documents\resolution-eflandsewer-12-11-01-version\dg LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE '���' i A PROFESSIONAL CORPORATION 129 E.TRYON STREET P.O.DRAWER 1529 HILLSBOROUGH,NORTH CAROLINA 27278 919-732.2196 FROM THE DESK OF FAX 919-732.7997 GEOFFREY E.GLEDHILL WEBSITE WWW.CGANDH.COM E-MAIL:geoffreygledhiH@cgandh.com December 14 , 2001 Mr. Paul Thames Orange County Engineer Mr. Craig Benedict Orange County Planning Director Ms . Beverly A. Blythe Clerk to the Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 RE: Resolution Amending the Rules for the Efland Area Sewer System Dear Paul, Craig and Beverly: Enclosed is the Resolution Amending the Rules for the Efland Area Sewer System per the Board of Commissioners action on December 11, 2001 . I am asking Beverly to get everyone a copy of the certified Resolution when it is completed by her. Very truly yours, COLEMAN, GLEDHILL & HARGRAVE, P.C. /'o offre bdhill GEG/lsg Enclosure lsg:letters\thamesbenedictblythe.ltr