HomeMy WebLinkAboutAgenda - 02-20-2001-10aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ABSTRACT
Meeting Date: February 20, 2001
Action Agenda
Item No. -q
SUBJECT: Efland Sewer Extension Policy
DEPARTMENT: Planning and Inspections PUBLIC.HEARING: (Y/N) No
Count Engineer
ATTACHMENT(S):
Existing Efland Sewer System Document
Water and Sewer Policy Document
Map of Efland Area (To be Provided under separate
cover at the meeting)
INFORMATION CONTACT:
Craig N. Benedict, ext. 2592
Paul Thames, ext. 2303
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill .968-4501
Durham 688-7331
Mebane (336)227-2031
PURPOSE: To hear a report on issues surrounding the policies regarding sewer extension of the
Efland Sewer System.
BACKGROUND: Over the last few years, staff has tried to research the parameters or external
forces that can effect planning policy decisions in the Efland area. Two documents are attached
that approach offering policy guidance regarding the extension of the county's sewer system in
Efland.
However, based on staffs research of the 'complementary' water system in the area operated by
Orange-Alamance Water System (OAWS), the development of a cohesive growth plan with
adequate public services is in jeopardy. The policies, as written, could give reasonable guidance to
policy makers to cautiously proceed or hold the extension of the sewer system in certain cases
outside of the intended bond service area until further cooperative planning by OAWS and other
land use planning considerations in the area.
In any event, more specific policies could offer additional guidance. There have not been any
major residential subdivisions in the area over the last 12 years except the recent Richmond Hills
subdivision. The existing sewer policy made that proposal difficult to approve. With development
proposals possible in the area, Orange County as a utility provider should consider the implications
of sewer extension and add clarity to its extension policy based on the ultimate direction of the
utility company and how it relates to its formal and informal partners.
2
The following are policy considerations:
1) Ongoing reevaluation of sewer treatment agreement with Town of Hillsborough.
2) Ultimate engineered infrastructure capacity of sewer system.
3) Consistency and compatibility with existing or future land use patterns such as the limits of the
transition area.
4) Existence of a complimentary water system provider that can provide both potable water and
fire suppression services in a planned manner:
5) Consideration of the sub-basin of the Upper Eno and the rules that govern water allotment
and sewer effluent release.
6) Sewer expansion bond related responsibilities.
7) Types of sewer users and overall system flows.
8) Reduction of environmental hazards.
9) Regard for public health emergencies.
10) Support of other county goals such as economic development, affordable housing, water
resource preservation, etc.
11) Prioritization or phasing of system expansion.
12) The development of a specific and binding sewer extension agreement between all parties.
These preceding policy considerations and additional input from the Board of Commissioners can
be developed into definitive guidelines. The staff and Board of Commissioners can use the
guidelines as utility providers, to determine what projects (including project type, size and location,
etc.) are consistent with the sewer extension policy and therefore are reasonable to enter into a
sewer agreement with a specific project.
This sewer agreement would set forth specific obligations of all parties and if approved would act
as a' prerequisite to subdivision approval. The provision or non-provision of public sewer is a major
determinant of subdivision design (i.e. lot size), so the decision of an agreement needs to be as
early in the concept state as possible.
There are a few specific projects that are awaiting a more definitive sewer policy so the associated
sewer agreement request can come forward for action by the Board of Commissioners. The
projects include Ashwick and McGowen Creek subdivisions that are within the development
approval process. When specific policies are adopted, these projects can be gauged against the
standards enabling a recommendation from administration to. the Board of Commissioners on which
projects are acceptable for county sewer provision.
Due to the ongoing subdivision development process, these sewer extension guidelines need to be
formulated in the short term, so a policy can be presented by March 20, 2001.
FINANCIAL IMPACT: The type and extent of the overall system can have a great financial impact.
RECOMMENDATION(S): The Manager recommends that the Board hear the report and offer
direction to staff on how to proceed further on developing more specific policies for incorporation
into an official policy document by March 20, 2001.
PAGE 04
Adopted November 19, 198.5
Amended March 1, 1988
Amended November 15, 1988
NORTEK CAROLINA RESOLUTION ESTABLISHING RULES
AND REGULATIONS FOR THE
OPERATION OF A SEWER COLLECTION
TREATMENT SYSTEM TO SERVE THE
ORANGE COUNTY EFLAND AREA OF ORANGE COUNTY
Be it resolved by the Board of Commissioners of
orange County that the following rules .and regulations
(hereinafter called the Rules) shall govern the operation of
the Orange County Sewer Collection and Treatment System
serving the.Efland area of Orange County [hereinafter called
the System).
1. CLASSIFICATION OF SERVICE (Reserved. There
are presently no separate classifications of sewer service.)
II. WASTEWATER TREATMENT LIMITATIONS
Orange County has contracted with the Town of
Hillsborough which contract provides that the Town will treat
wastewater generated by the System subject to the following
conditions contained in the agreement between the County and
Town:
No customer shall be allowed to connect to the
County system unless and until such customer's
proposed discharge has been found acceptable by
both the Town and County. Approval shall be
predicated on (1) the quality of the effluent of
the potential user being compatible with the Town's
NPDES discharge permit, (2) compliance with the
Town's ordinance, rules and regulations concerning
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PAGE 05
pretreatment of industrial wastewater, and (3) all
County (subdivision, zoning, erosion, building,
etc.) and State (DOT, etc.) permits having been
properly granted. Under no circumstances will the
County permit the discharge of septic sewage in its
system.
III. RATE SCHEDULE AND AVAILABILITY FEES
A. Rate Schedule - Based upon monthly water
consumption: See Attachment A.
B., Availability Fees:
Each person, firm, or corporation
connecting to the system [hereinafter user or users] other
than those initially connected from among those initially
applying for connection, shall pay a $600.00 per residential.
equivalent availability fee to the county and a $400.00
availability fee•to the Town of Hillsborough. Availability
fees may change from time to time pursuant to duly enacted
resolutions of the County and the Town..
Those users initially connecting, from those initially
applying for connection, shall be exempt from the
availability fee. The initial application period expired
February 4, 1985. The initial connection deadline will be
established by resolution of the Board of County
Commissioners.
C. Acreage Fee [Reserved].
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PAGE 06
D. Stub-out Service Line Fee [Reserved]. .
IV. APPLICATION FOR SERVICE
Persons seeking service may make application
in person at the office of the Orange County Planning
Department. The application requirements are as follows:
1. A deposit as provided in Article V of
these rules must accompany the application and be paid at the
Orange County Planning Department or such other place as is
mended designated by Orange County from time to time. A Sewer Use
and Easement and Agreement must be on file, signed by the
property owner(s)/users-
.2. The conditions set forth in Article IX of
these rules must be satisfied in the case of an application
for service to.undeveloped land.
3. Any former user may again become a user
by fulfilling the application requirements set forth in this
article and by paying any applicable availability or other
fees. In addition,,any such former user applying again to be
a user must pay any outstanding account plus interest thereon
at the legal rate as it is established in North Carolina
General Statutes Section 24-1., its successor, and as the same
is amended from time to time, compounded annually. Any
person who has actually used and benefited from sewer service
which has been supplied to premises owned or directly
occupied or used by that person, for which service there is
an outstanding indebtedness remaining due the Counnty? may
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PAGE 07
become a user by completing the application requirements in
this article, by paying any availability fee or other
applicable fee and by paying the outstanding indebtedness for
the service which was supplied to the premises owned or
directly occupied or used by such person.
V. DEPOSIT
A. A minimum cash deposit is required of all
Amended users. 'It shall be Thirty Dollars ($30.00). The de osit
11/1S/88' ..
shall be paid either in full at the time an a lication for
.service is made or in a maximum of three a ual consecutive
monthly-installments, the first of which must be paid when an
application' for service is made. eqs _te-,k?a-a?r?g?
88?ed-as?e?-???.?-??-?3ae-?oa?.h•s-8€-se???s?-?a?ed-?t?i-?•ki?-
$Tae?-get --wa-usage
-+a
?eq?ed-e€-a??--esesT Deposits will not draw interest.
Amended
3/1/88 B. A separate deposit will be required for
each connection.
C. Each deposit may be redeemed by the user
upon disconnection from the system and upon payment in full
of all charges for service.
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
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for each account for any monthly usage up to the minimum
3,000 gallons.
Be 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.
V11. COUNTY'S RESPONSIBILITY AND LIABILITY
A. The. County will. run a service line from
its.collection line to the property line, except as provided
in Article IK, relating to extensions of the system.
zLmended Be All plumbing installed by the user for
connection to the system will be installed according to the
worth Carolina State Plumbing Code and will be permitted,
inspected and approved by Orange County.
C. The County is not liable for damage of
any kind resulting from sewage or its collection from the
user's premises, unless such damage results directly from
negligence on the part of the County. The County is not
responsible for any damage done or resulting from any defect
or operation failure in the plumbing installed by the user,
or in any fixtures or appliances on the user's premises. The
County is not responsible for negligence of third persons in
the installation or operation of the System. The County is
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PAGE 09
not. responsible for damage caused by forces beyond its
control or for the interruption of service caused by forces
beyond its control.
D. Except in the case of an emergency, the
user will be notified in advance of any anticipated
interruption of service. In the case of an emergency the
user will be notified as soon thereafter as possible of the
interruption of service.
VIII. USERS RESPONSIBILITY
A. The user is responsible for payment of
all monthly service charges incurred in connection with sewer
Amended
3/1/88..,,., . service. The owner of the premises to which services are
delivered is responsible for all charges as provided for in
the Sewer Easement and Agreement. If a delinquent user is
not the owner of the premises to which services are
delivered, the payment of the delinquent account will not be,
required before providing services' to the premises at the
request of a new and different tenant or occupant of the
premises except as provided in Article IV.3. of the Rules.
B. The user is responsible for installing
all plumbing and apparatus necessary to. connect to the
County's service line and for connecting all plumbing and
apparatus to the County's service line. Provided, however,
Amended no such connection shall be made without a permit to do so
3/1/86
issued. by the. County and upon such terms and conditions as
the permit prescribes.
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PAGE 10
C. All plumbing and apparatus installed by
the user will be installed and maintained at the user's
expense in accordance with the County's rules and regulations
and any other State or local requirements.
D. The user will exercise reasonable care
and will be responsible for the exercise of reasonable care
by anyone on the user's 'premises with the user's permission
over any portion of the County system located on the user's
premises. Authorized County representatives will be
permitted by-the user to access the user's property in order
to inspect, as needed, portions of the County's system
located on the premises of the user.
E. The user will be responsible for the cost
of necessary repairs or replacement of lost or damaged
property of the County which is part of the System or used in
the operation and maintenance of the System which repair or
replacement is caused by or results from the negligence or
wrongful act of the user, the user's agents or employees.
Likewise any damage or injury to persons or property which
occurs on the premises of the user and which is caused by or
results from the negligence or wrongful act of the user will
be the.sole responsibility of the user.
F. The amount of any such loss or damage or
the cost of repairs or replacements will be, when applicable,
added as a charge to the user's account-which charge will be
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added in full to the user's next statement unless other
arrangements are made which are satisfactory to the County.
IX. EXTENSIONS OF THE SYSTEM
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. All such extensions must be approved by the
.County Engineer.
$. Extension of the System to new
developments can only be approved by the County Engineer if
Amende.d.., all zoning, subdivision, land use plan and comprehensive plan
3/1/68
regulations of Orange County or the Town of Hillsborough, if
applicable, 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 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
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_ PAGE 12
,,mended water and Sewer Policy of the County adopted as part of its
3/1/88
Comprehensive Plan.
D. All System extensions shall be installed
according to and in compliance with approved plans.
.E. Construction of System extensions will be
9mended inspected by 'Orange County at intervals determined by the
3/1/88
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.
X. ACCESS TO PREMISES'OF A USER
A. It will be necessary for the safe and
efficient operation of the System for duly authorized agents
of the County to have access at reasonable times to the
premises of the user for the purpose of installing, removing,
inspecting and otherwise maintaining portions of the System
and for the purpose of reading and testing meters and for any
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PAGE 13
other purpose in connection with the installation, operation
and maintenance of the System. Each user and property owner
upon whose property any portion of the system or connections
to it is located recognizes this need and by' making
application for sewer services grants authority to authorized
agents of the County for this purpose.
B. The Sewer Easement and Agreement includes
a grant to 'the County of an easement for the purposes
described in that agreement. Each user and owner by making
application for sewer services acknowledges the easement and
the rights described in that easement.
XI. CHANGE OF OCCUPANCY
The owner of premises which is served by the
Amended System is responsible for notifying the County or its duly
3/1/88
authorized agent of any change in the occupancy of his/her
premises. Any change in the use of the premises which is
connected to the System will be communicated to the County
and the Town of Hillsborough for prior approval a's described
in Article II of these rules and regulations.
XII. METER READING - BILLING - COLLECTING
A. Orange County and, if applicable, its
billing and collecting agent's records will be the basis for
all charges for service. All users are encouraged to
Amended maintain recea is and other
3/1/88 P payment information and to bring
any discrepancies in the user's records and the County's
records to the attention of the balling and collecting agent
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PAGE 14
of the County immediately so that correctiQnst if any, can be
made. The specific procedures to be followed in the event a
user believes there has been a billing error are described in
Article X1,11.
B. Meters will be read and bills rendered in
accordance with the policies established by the County and
any agency with which the County may contract. The County
reserves the right to vary the dates or length of time
covered by any statement, temporarily or permanently, if
necessary for the efficient operati.on,of the System.
C. Statements for sewer service will be
computed on the basis of the published rate schedule then in
effect.
D. Charges' for sewer service commence when
connection to the System is. complete as prescribed and
described in-the Sewer Easement and Agreement.
E. Each sewer connection will be separately
metered and will be maintained as a separate account.
F• Monthly statements will be mailed on or.
about the date the user's water meter is read, if there is a
meterr or the same date each' month as determined by the
County's billing and collecting agent inhere there is no water
meter. Payment is due when the statement for sewer service
mended is received and delinquent 20 days after the water meter
3/1/88
reading date. If payment is not made within 20 days after
the water meter reading date, sewer and water service will be
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PAGE 15
discontinued. statements will be sent to the address of the
user as it'appears on the application for service made by the
user. It is the user's responsibility,to immediately notify
Orange County and its billing and collection agent of any
change in this address. The user's failure to receive any
statement or notice when it is addressed to the user. at the
address contained in the application or a new address
provided to the County and its billing and collection agent
shall not be a basis for forgiving delinquent payment and
shall not be a basis for forgiving discontinuation of
service.
XII. DISCONTINUATION OF SERVICE
A. When service is discontinued, the deposit
Amended made by the user will be applied toward settlement of any
3/1/66
unpaid account. Any balance will be refunded to the user.
If the deposit is not sufficient to cover the outstanding
account balance, the County and its billing and collection
agent may-proceed to collect the balance in the manner
provided in the Sewer Easement and Agreement or in any other
manner provided by law for the collection of a debt.
B. The County, in addition to prosecution as
provided by law, may discontinue and permanently refuse
service to any user or property owner who tampers with a
meter 'or sewer connection which sewer connection has been
approved by the County. Any sewer connection not approved by
the County may be disconnected by the county and service
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PAGE 16
(mended
4/1/88
Amended
3/1/8$
refused to those participating in the unauthorized connection
or its use.
XIII. COMPLAINTS - ADJUSTMENTS
A. If a user believes any statement of
charges to be-in error, the user may present a claim in
person to the billing.and collection agent of the County
before the statement becomes delinquent. Any such claim made
after the statement has become' delinquent will not be
effective in preventing discontinuation of service as
.provided in these rules, and regulations. •The user may pay
such statement under protest and the payment will not
prejudice the claim in case an error is found.. Adjustment
will thereafter be made for any such error.
B. Request for special meter readings or
tests will be governed by the rules and. regulations
established for that purpose by Orange County and its agents.
XIV. RETURN CBECK FEE
Each check-for payment is accepted subject to
collection. The normal policies of the County's billing and
collection agent regarding returned checks shall be followed.
All fees collected, provided they do not exceed those
permitted by law, shall be the property of the County's
..billing and collection agent.
XV. ABRIDGEMENT OR MODIFICATION OF RULES
A. No promise, agreement or representation
of any employee of Orange County will be binding upon the
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PAGE 17
County unless it is agreed upon in writing, signed and
accepted by the duly authorized officers of the County which
authorization must be accomplished by resolution of the Board
of County Commissioners.
B. No modification of rates or any of these
rules and--regulations may be made by any agent of the County.
Any modification of rates and these rules and regulations
will be accomplished by resolution of the Board of
Commissioners of Orange County.
KVI. ADOPTION OF RULES
Until further resolution of the Orange County
Board of Commissioners, the rules and regulations set out
above are . adopted as of the date below and become effective
on and after November 19 , 1985.
Upon motion made by Commissioner Moses Carey r
.seconded by Commissioner Shirley ._Marshall_ the foregoing
resolution was adopted by the Orange County Board of
Commissioners this the 19th day of November , 1985.
Amended by resolution of the orange County'Board of
Commissioners on the 1st day of March , 1988.
Amended b resolution of.the Oran a Count Board of
Commissioners on the 15th da of November, 1988.
14
" PAGE 18
ATTACHMENT A
.First 3,000 gals. @ $15.20 (minimum charge)
Each additional 1,000 gals. (or any portion
thereof) @ X1000 gals.
This rate schedule is subject to change based upon up-to-date
projections of the' actual cost of operations and actual cost
of operations.
' 15
PAGE 19
NORTH CAROLINA
ORANGE COUNTY
ADDENDUM TO MARCH 24, 1988 SEWER BILLING AND
COLLECTING AGREEMENT
THIS ADDENDUM to the March 24, 1988 Sewer Billing and Col-
lecting Agreement.. between ORANGE COUNTY, NORTH CAROLINA,
hereinafter referred to as County, and ORANGE-ALAMANCE WATER
SYSTEM, INC., hereinafter referred to as Contractor, entered into
this 15th day of November, 1988:
WTTNESSETH:
Paragraph 6 of the March 24th Agreement is deleted in its
_•--entirety and replaced by the following:
6. The Contractor shall collect a deposit for
each account established for the System. Accounts
shall be established by the Contractor upon receipt of
a copy of an approved application for service from the
County and.the receipt of the required deposit from the
customer. The amount of the deposit shall be equal to
twice the minimum charge for sewer service according to
the rate schedule in effect at the time application for
service is made. The deposit shall be paid either in
full at the time an application for service is made or
in a maximum of three equal consecutive monthly
installments, the first of which must be paid when an
application for service is made. The deposit shall be
kept by the Contractor for the County and applied
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PAGE 20
toward settlement of the account upon disconnection
from the System. Any balance of the deposit after
settlement of the account shall be refunded to the
customer by the Contractore
WITNESS our hands and s-eels on the date first above written.
ORANGE COUNTY,'NORTH CAROLINA
By:
Moses Carey, Jr., Chair
Orange County Board of
Commissioners
ATTEST;
(OFFICIAL SEAL)
Beverly Blythe
Clerk to the Board of
Commissioners of Orange County
ORANGE-ALAMANCE WATER SYSTEM, INC.
By:
Turner Forrest
President of the Board of
Directors
2
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21
WATER & SEWER POLICY
ORANGE COUNTY, N. C.
Draft: 7-31-87
Recisions: 8-26-87
9-2--87
11-16-87
11-24.87
9-17--88
11-21-88
1-31,-89
2-7-89
3-30-89
Approved: 4-3-89
Amended: 9-3-91
xQ
Table of Contents
Purpose Page No.
Goal 1 -eater Supply
A. General Policies
?. Watershed Protection policies 2
Goal 2 - Sewage Disposal
A. General Policies 4
S. Alternative Systems Policies 4
Goal 3 - Development Patterns 6
A- General Policies b
B. Service Capabili,tylCapacity./EXten,sloa Policies 6
Goal! 4 - County' Financial Participation
' A- General Policies g
B. Application Policies 8
C. Selection Policies - Projects For 9
Economic Development
D, Selection Policies -- Projects Serving An 9
Essential Public Service Or Correcting
A Public Health Emergency
E_ Funding Priorities And Saurces -10
F. Repayment of County investment 10
G. Financial -Participation In Extensions Or 11
EXPansions Of County-Owned Systems
22
Goal,:5 - Access and Availability Fee Policies
(AESMVED )
1'
Purpose
This policy statement identifies Orange Couxi
the
Provision of water and/or sewage disposal s vices for the
following general purposes=
1; To correct. a public health emergency;
2: To provide service to an essential public facility,;
3- To provide for economic development oPPoftvitities; and
4 To provide- bases, consistent with the Orange County
Cornprehensi,ve Plan, for the extension and expansion of
existing water and sewer services.
This poliCy has been, developed to be' compatible with the
e::gisting goals and objectives of the Orange County
CdMMprehensive Plan and has been organized around the
following goal statements:
1 Assist in providing clean and safe water supplies to meet the
needs of the residents of Orange County.
2_ Assist in providing adequate and appropriate sewage
disposal facilities for current and future residents,
3.: Within the COAMty's planning jurisdiction, establish
development patterns compatible with tb.e goal of directing
urban groom to areas where it is desirable and can be
practically and efficiently served by water and sewer
facilities.
g. Establish a basis for Orange County's financial participation
in the provision of water and/or sewer services and
facilities-
5- Establish a system of fees to assist in the financing of water
. and/or sewer services and ,facilities. (REs.ERV-ED)
The Count"Y's role in achieving eac t or the above mentioned
goals is identified herein.
23
-1-
32 :
"JLL Y - J'ER SCIPPLF ,
Assist i,a ,Providing c1®an and safe aster su
n0eds of the residents of orange Co PP1ies to mart the
. uaty,
A. General Policies
1. orange county will assist mu,n,ic4aliti,es and water
Providers within the c
jurisdictions ounty and surrounding
in efforts to identi.f
develop required water su th Protect, and
resources are balanced with lexistingandaprojeccte,d
needs OA a local and regional basis.
2- assist County^• Q primary responsibility will be to
in the protection and development of water
resources, including•the establishment of necessary
organizational structures and arrangements that
would operate and maiatain raw water and treated
water resources.
3• Water supply needs should be met coasistent.
with the land use plans and grOw th.management
pali.ci,es of orange County, municipalities within
the county, and surrounding jurisdictions;
watershed, protection policies; and environmental
protection, policies.
4. The type of water distribution facilities
aPpropriate for an area should be identified as a
function of the magnitude of present and future
demand; the distribution of usezs; the present and
potential availability of public utility services;
.and the capacity of the natural, environment to
absorb the impact. The determination of appropriate
types of water distribution' facilities in the
County Should be made in close cooperation with
.utility service prQyiders, both
Public ' and private, and with ' munici.pali.tieS .
H. Watershed Protection policies
Watershed protection should be given a higli
priority in any activity related to land,use
planning in orange County. Orange County will, in
those areas for which it has planning and zoning
jurisdiction and authority, US e this authority to
designate protected watersheds in the Land use
Element of the. Comprehensive plan for the purpose
of protecting those areas from environmental
impacts adverse to water supply sources.
:2. Local, and regional' watershed standards and policies
should be adopted and implemented which miGimsze.
! Potential adverse impacts on water quality in water
24 '
-,
25
supply watersheds.
3. Orange County will support the programs of the
Soil Conservation Service and Sedimentation and
Erosion Control, aAd will participate in region-
wide water quality monitoring prog=ams.
-3_
r
2$
POOL - SEidAG? DISPOSAL
Assist In providing adequate and a
,facilities for current and r sewage disposal
r eeside.ate sidents.
future
A. General policies
1• Sewage disposal needs. should be met in a
consistent with the land use plans -all manner
management policies of Orange County, growth
municipalities within the count aad jurisdictions; watershed protection surroundiag
and
eavirommental protection polic
2. The type of sewage' disposal facilities for an area should. be identified as a appropriate
the magnitude of present and futc??•e decnaadt1theof
distribution of users; the present aAd potential
availability of. public utility services; and the
capacity of the natural environment to absorb the
.impact. The determination of appropriate types of
sewage disposal facilities in the County should be
made in close cooperatica with utility service
providers, both public and private, and with
municipalities.
3. Oa-site disposal.should be encouraged in low-
density and rural areas where soil conditions are
acceptable. The County should establish a public
education program to inform home and property
owners of issues, concerns, and.-Operation and
x(laintenance needs associated with on,-site
disposal systems, sewage
4- Wastewater disposal shall be accomplished and
discharge shall be treated in compliance with all
applicable local, state, and Federal laws and
regulations.
Alternative systems-Policies
1 • The elimination of administrative ar3d informational
barriers to the use of safes, sanitary alternative
llstewater treatment systems within the County
should be encouraged. The adequate long-term
operation of such system must be assured.
2. '?-'l.tarnative wastewater treatment systems include:
a. Discharge systems such as package treatment
plants which discharge into a natural, water
course and do not depend are the soil for
treatment.
b: Nan-discharge systems which are used where
"16
27
4.
3,
The use of
as a means
consistent
regiylation$
alternative wastewater treatment systems
of sewage disposal will, be Permitted
with local,, State, and Federal laws-and
only in the following situations
a. On land uqsui.table for cgnvent,lonal on-
site sewage disposal systems and which
not served by public sewer; or is
b. On land suitable for conventional on-site
sewage disposal systems and which is not
served by public.sewer but whore, through the
clustering of dwellitg units, open space is'
Preserved for providing recreation areas
and/or for scenic environmental and
agricultural protection ZurMOAAc
In the case of new development, such systems Will
1315 Of aeSperial Inl Permit c nJtnction with the approval
zoned township or a Preliminary PS bdivlocated in
ision Plata
,for property located in an unaoned township.
orange County will evaluate the feasibility of
establishing an inspection and monitoring program
for alternative wastewater treatment systems, will
explore a banding requiremeat, and will explore
alternative institutional--arrangements for shifting
the operation, and maintenance of such systems into
the public domain.
Failutants found in the
ade aste?rater can b
ly
quate removed through Non re gh distribution to the
known as ground abse or sptionsare generally
of land application system systems consisting
irrigation onto the surface at spray
variations of the conventional the soil and
absorption system based on Grround
ow injection of wastewater into ther soil.
il.
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GOAL 3 - DSVELOPXZNT pATT=NM
Within the county's planning Jurisdiction, establish,
developaaAt pattarns compatible with the goal of directing
urban growth to areas where it is desirable aad Can be
practically and efficiently served by water and seater
facilities. .
A. General policies
1• 'PUblic water and serer facilities should be
extended in accordance with the Land Use Element of
the orange County comprehensive Plan. Such
facilities will be encouraged, where they are
available, in the Plans Urban and Transition
areas, and will be discouraged in Rural and
Agricultural areas excePt where their provision
will enhance, the rural, character and provide for
open space by allowing clgatered, development.
2. Joint planning should ba developed and implemented
among the county, its municipalities, surrounding
jurisdictions, and utility providers responsible
for water and sewer 'service to guide the extension
of lines in accordance with joint land use plans
and water/sewer service boundary agreements-
B. Service capabil.i.tg/capacity/natensiou Policies
1. A water or seater slrstem built or extended within a
T'ransition area as defined in the Land Use Element
Of the Orange County Comprehensive Plan shall be
designed, sized, and constructed to the standards
of the probable future public utility provider.
The location and size of utility easements shall be
approved by and dedicated in the form,of a deed of
easement to the probable future public utility
provider.
2. A development project to be-- served by a public
or private water or sewer system must bee -assured of
installation of such service at the time it is
approved.
"Assured of installation" shall mean that the
Municipality, private association or water or
sewer authority to 'those system the development
project is to be connected has reviewed and
approved preliminary plans for proposed stater
and sewer lines, the adequacy of the existing
system(s) to which the connection(s) will be made,
the capacity of existing water and 'saver treatment
facilities, the carrying capacity of the discharge
stream or discharge point, and the method of
funding proposed extensions of water and sewer
lines. The approval by the municipality, private
association, or water or sewer authority shall
contain a certification that service to the
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18
developm@nt.pro'ect
is au
m
the anagement plan and dischagperae permitby any water
time of approval. In effect at
FOlloving review and a
as described r approval of preliminary plans
g above, the board of directors or
4 boa-rd of the municipality, association or
authority must have approved,
• resolution or other t?°ugh formal
water and/or sewer service to the provision of
project. to the development
3. Outside of Transition
sewer systems will onlyroccuzetoensions of water or
an essential public faY Ol prov:,de service to
to remedy a Public health "itY, such as a school, or
cOrrectable, such as a emergency not otherwise
failing package treatmentiling septic tank or
plant.
Generally, system extensions into areas outside of
Transition Areas shall be sized according to the
policies of the utility providing the water or
sewer service. However, system e?ctQua
within the Rural Buffer and water Quali lity into and
Areas shall be sized to address lY thty concern
for which the systems only the concern
are extended_
Valid written water and/or sewer serv;Lce agreements
for locations in the Rural Buffer and Wate- Qual ty
Critical Areas, which were valid Quality
• I98g, prior in which a municipality to April 3,
County) or a water/sewer authority (:Ls a part orange
is the waterlsewrer provider may-be Catri ouS a ed ou and
level oz service for which the agreements were
Y written, However, the water and/or
sewer service established by such an agreement
shall be extended only for uses and densities
permitted by the Orange County Zoning oxdinanc8.
4- Development projects outside the Rural Buffer
portion of the Joint Planning Area and outside a
water Quality Critical Area may sewer service, when existing water or s water or
is contiguous to the site v or sewer se]?vice
development pro7• site. However, any such
densities ect will only be approved at
Atlas Permitted by the Orange County Zoning
and consistent with the hand Use dement of
the comprehensive Plan.
.Development project" refers to any glace of
zesx4ence, business, induct
major or minor subdivision, secials use or?p ,
development which re
Y
County tea h a 4uires pthe approval of orange
the N. C, Sta?tge Euild n??oden and enforcement of '
subdivision Regulations. or its Zoning and
z
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30 `
GOAZ 4 ` COUMTY FINANCIAL PARTICIPATION
Establish a basis for orange Coant ,s
fa
the provisiazz of water and/or sewer financial services and icy-p$tioa
tacilitiO3iea.
A. ooneral. Policies
x. Water and sewer utilities extended to a development
shall. be based on good engineering practice and
shall be determined by the long-range Plans of the
utility system to which they are to be connected.
Utility extensions will be considered by the County
in conjunction with, assessments of potential growth
and service need in the area.
2 - orange county may consider Providing financial
assistance for the completion of engineering
Studley, easement acquisition, water and sewer
lines, including pipe and ancillary equipment such
as water pumps, sewer pumps, valves, pump houses,
fire hydrants, and water and sewer treatment plants
as well, as the actual construction of these
facilities.
3. Orange CogntY may hold title to a.ny water and
sewer facilities which it funds. As a basis-for its
financial participation in the utility
system extension, the County may attach conditions
limiting the use of the extension consistent with
the Land Use Element,of the co4reheasive plan.
B. APPlicat_.oa Policies;
I. A request for funding water and sewer utilities may
be made by any individual, agency or corporation or
any municipality. within orange county; provided,
however, Orange County will enter into water/sewer
suPPIY and/or treatment agreements only with public
bodies and/or utility providers.
2 . All, requests for funding shall be made to the
County Manager`s offica, accompanied by the
required application material, The Hoard of
Comraissioaezs main establish funding in the annual
budget for the County share of participation in
water and/or sewer projects, (See Selectioa
Policies.)
3. Upon recaiviaq a request for water or surer
utilities, the County Manager will gather the
following information:
a. A map and brief report identifying existing
20
and anticipated areas of development that
.Could be served by the requested crater or
sewer facilities.
b, Approximate additional cost of installing
utilities necessary to serve existing and
potential development in the area of the
proposed project.
c• Signed statement of the water or Sewer service
provider to vhose system the requested
utilities will be connected, stating its
willingness dad ability to serve the proposed
project as well as other anticipated
development in the area allowed by the Laad
Use Element of the Comprehensive Plan.
The statement should demonstrate that the type
of water or sewer facilities proposed are
appropriate for an area in relation to the
magnitude of present and future demand; the
distribution of users; the present and
potential availability of utility services;
and the capacity of the natural enviromuent to
absorb the impSCt.
C. Selection Policies - Projects for Ecanc,aie Develapmeat
Water and/or sewer projects to be funded will be
selected using the following criteria:
1. The project must be assured of having the
proper zoning at the proposed site; and
2. The project must improve job
available to Orange County opportunities.
for women and minorities;andtxxens, especially
3. The project must provide jots with wage scales
In compliance with Orange County standards
adopted from t1me_to-t.i,me; and
4. The project must have a positive fiscal impact
upon Orange County government (Tte cost of
services to be provided by Orange County.to
the project must be less than the local taxes
and other revenues paid to the County
generated by the project.). A fiscal
act
analysis shall be prepared by the applicant
land verified by Orange County and using model provided by orange County.
,Selection Policies - Projects Serving
public FAcility Or Correcting A Public HealthaEmergency
D.
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31
32
Water and/or surer projects to be funded will be
selected using the following criteria:
The project must be assured of having the
Proper aonxng at the proposed sate; and
2. If a project is z ' o correct a public health
emergency, the condition cannot be corrected
without water or sewer service.
fi- F+?nding Priarities and Sources
1• where a project is approved, but funding is not
immediately available, it will be placed on a
funding waiting list. Funding approval by Orange
County pursuant to this policy 1s not a.guarantee
that orange County will fund the
extent. It is only a statement bythecCountynthat
r
the project, if funded, will be funded according to
a funding waiting list.
2. Water and/or sewer facilities and/or extensions may
be financed by the following means:
a. County revolving fund;
b. state/Federal, grants and loans; and/or
c. county General Fund and Enterprise Fund
contributions. (Inclu;des both capital and
operating funds)
General Fund contributions, both capital and
operating, will be used only if funding cannot be
obtained from other sources.
F : Repayment of county xnvestateut
1. All funds received from the operation of a
County-owned system shall be paid into an
Enterprise Fund. For the purposes of this policy,
an Enterprise Fund is defined as a ,fund used to
account for operations that are intended to be
self-supporting through charges. to users of the
services provided or where the determination of net
income is as important factor.
In all cases where the County's investment is
dependent on an agreement that the County be repaid
411 or a Portian of'its ,investment, funds received
shall be paid into a Capital Reserve Fund. All
"pay--backs^ shell include interest at the rate
charged for assessments under N.C. General Statute
153A-185 orr in the event that the County borrows
2 20
money for the extension at the
CouAty on the debt. ' rate paid by the
6• Finanoiai, pgtticjpation in Este
Countg-owned Systems ?sicns/Sxpaasions of
1• orange County's financial partici ati
approved projects which are extens °n for
to as existing Count ions/exPAasions
to those extensions/a -owned, system shall be limited
revs xPensions where projected
nues from the extensions equal or excead the
projected operating costs plus the total debt
Ser'rice of the extensions by the end- of the fifth
yea= after the
project is completed.
CCAt, S ACCES.5 An AVAILABILITY FEE patl
CIES (RESERVED)