HomeMy WebLinkAboutAgenda - 12-11-2001-9aORANGE COUNTY
HOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 77, 2001
Action ADen a
Item No.
SUBJECT: EOand Sewer Rules and Richmond Hills Pmiact
DEPARTMENT: County Manager PUBLIC HEARING: r/N) No
Planning Department
ATTACHMENTjS): INFORMATION CONTACT:
1. Amentlment to Eflantl Sewer Rules Paul Themea. Cty. Engineer, ext 2303
2. Draft HebitaORichmond Hills Sewer Craig Henetllct Planning Oir. en 2592
Enenaion Contract TELEPHONE NUMBERS:
3. Richmontl Hills SUbtlivision Hillsborough 732181
Amended Resolution of Approval Chapel Hill 968-0501
Durham 888-7331
Mebane 336-227-2031
PURPOSE: To wnsider:
(1) an amentlment to the etloptetl EFlantl Sewer Rules related to Affortlable Housing projects
and thereafter InstltuWg those provisions through a
(2)sewer agreement antl
(3) subdivision amentlmen[for Richmontl Hills.
BACKGROUND:
Introduction
The Eflantl Sewer Rules are amentletl from time to time to create provisions for various
potenGalprojeGls.
The BOCC has atloptetl a service area for the Eflantl sewer system as of the spring of 2901.
The enension of sewer service to proposed or existing neghboihoods wdhln this area is
permissible antler the provisions of the roles of operation for [he Eflantl sewer system es long
as all other sewer extension, antl lantl use, zoning, subdivision, etc., conditions antl
requirements are met.
(1) Eflantl hewer Rules
Twc sections of [he Eflantl Sewer Rules document, specifically Section VLC antl IX.G am
prbposed foramentlment (see adachment #1). The vies were originally adopted on November
19,1985.
The proposed motliflcations b the roles of operation for the EFlantl sewer system contain
provisions (het provide for the rseeticn and use of a perpetual maintenance !antl for a pumping
eta[ion that la required [o provide sewer service to a new development. Generelly, the rules call
for the fund to be created by means of an "up-front' payment bye projec[tleveloper fo the
County. The amount of the payment is sufficiently large for operating antl maintenance costsb
be pall from the interest generated by the Initial. payment The sewer a#eneion contract fiself
contains the methotlology by which operating antl maintenance costs are to be calculated and
the anwunt of the up-front payment is to be determined.
The proposed mod cations to the roles of operation also provitle far a matl~ed process for
creating a perpetual maintenance fund where the County participates In affoMable housing
projects (Section VLCj. Spec'rfically, Ne BOCC may elect to allow the funtl to be createtl antl
maintained by means of a special charge added b the monthly utility bill of those customers
who will beserved by a particular pump station in lieu of the °up front" charge on the subdivision
tleveloper. Thie suroharge woultl be applied in peryetuity or until the pumping etatlon multl be
abandoned. Habitat has requested that the pepetual maintenance funtl kr the Richmond Hills
pump station be funded by means of a monthly aumharge on the utility bills of Richmond Hille
residents. That cast Is wrrenHy projec[etl to bein the range of $15 to $20 per month per
househoM.
Richmontl Hills Sewer Ezlenslon Contract
In reviewing sewer service requests for two proposetl developments (Richmogtl Hills antl
Ashwick), the BOCC has provided broad guidelines [o the stall in leans of the informaticn it
neetls [o make tledsions antl Me oker in which [he informa0en shoultl be provMetl or
presented. AccoMingly, stall has tlevelopetl asewereMensbn cornmafor Richmontl Hills that
etltlresses or tlelinwtes: 1) general conlromual financial, legal antl liability responsibilities and
concerns; antl 2) minimum wnstroctlon antl matedgls specifications antl requirements.
Resolution of Approval
The Richmond Hills Subdivision received preliminary appreval at the August 15, 2000 BOCC
mwfing. On May 1, 2001, the BOCC epprwed en amendment to the phase lines within the
subtlivision.
This request ie to modify condition N 4 pertaining to the perpetual meintenanw fund needed la
funtl ongoing operation of the sewer pump station, landewping, antl fencing.
The fund will be treated conaiatant wiM tha'Eflend Sewer Rules' dowment. This allows for the
funtl to be esrablishetl through an additional monthly chage within the rata echadulae for those
housing protects consistent with the Orange County Lang Tenn AffortlabilRy Policy.
Future Consltlera[lona
To tlate, the BOCC has noY tliscussetl or appmvetl a comprehensive policy that apecifes the
procedure by which the sewer system is extended by third parties to serve more then a eingle
business or residenw. That is. the County does not have a formal procetlure by which
tlevelopers request that they be allowed to extentl the sewer serviw (or otherwise avail a
proposetl tlevelopment of sewer service) from the Efland sewer system
Eventually, the County will neetl to atlopt a generic contact form similar that that proposed br
the Richmond Hills project. This contreG shoultl contain, in atltli6en to [he provisions er the
Richmond Hills contract: 1) a formal review and approval sequence that tracks very closely whh
the subdivision and development review and approval sequence; antl 2) an appentlix eeIXion
tletliwtad solely to an Inventory of all excepfions or motlifiwtionsbthe contract as appmvetl
by the eOCC faro spacife protect. This will allow the BOCC antl staffroe~sily track such
changes, evaluate any precedents therein, and ao font.
FINANCIAL IMPACT: The precise antl cumulative Flnancial impact of the amendment antl
contrect is tliRwlt to specify with any degree of eccurecy. Depending on its size antl capacity,
[he incremental operational costs for pumping station in terms of regular maintenance, repairs,
electricity, antl cepdel replacement can range in excess of $600 per month. Failure to establish
a perpetual maintenance funtl for a new pumping station, either by an upfront payment or a
monthly auroherge. will csuse these costa to be spread across the system's customer base. As
noted above, I[ Is proposetl [hat a pemetual maintenance funtl for the Richmond Hills pump
station be funtletl by means of a monthly surcharge on the utility bills of Richmond Hills
resitlents in the range that is wrrently prolectetl at $16 to $2g per month per household.
The motlRetl process to funtl perpetual maintenance wultl poteMielly generate en
unanticlpatetl fnenciel impact, should signltlcen[ operating expenditures (major equipment
failure of replacement, for example) be requiretl before such expenditures can be funded
through the monthly billing methotl.
RECOMMENDATION(S): The Manager recommends that the Board approve end auNodze
me Manager antl eppropdate staff to sign ee necessary me following
1) the amendment to the EOand Sewer RUles,
2) iha Richmond Hills sewer extension conhac[ which inrludea the funtling of [he
Richmond Hills pump atatlon perpetual maintenance funtl through a monthly surcharge
on individual customers, and
3) iha amendment to the Richmond Hills Subdivision Resolution of Approval.
NORTH CAROLINA RESOLUTION AMENDING THE RULES
AND REGULATIONS FOR THE
ORANGE COUNTY OPERATION OFASEWER COLLECTION
TREATMENT SYSTEM TO SERVE THE
EFLANO AREA OF ORANGE COUNTY
WHEREAS, the Rules antl Regulations for the Operation of a Sewer
Collection Treatment System to Serve the Efland Area of Orange County
(hereafter the Rules) were originally atloptetl November 19, 1985 antl were
subsequently amentletl March 1, 1988, November 5, 1988 antl Ocbber 19,
1999. and
WHEREAS, fmm Time to time amendments are made to the Rules to
enhance their implementation antl applicability, antl
WHEREAS, Orange Ccunty promotes antl provides substantial funding to
aRoNable housing protects locatetl in the County, antl
WHEREAS, d is In the best InteresLa of Orange County to support the
Orange County Long Teem AffoMability Policy.
NOW THEREFORE BE IT RESOLVED by the BoaN of Omnge County
Commissioners thaC
The Rules ere amended as follows:
5
Be it resolved by the Board of Commissicners of Oange County that the
Rules as amentled herein (shown with underlining) shall govern iha operaficn of
the Orange County Sewer Collection antl Treatment System serving [he Efland
area of Orange County [hereinafter calletl the system;' 'the System" or
"System"7.
L CLASSIFICATION OF SERVICE
II. WASTEWATER TREATMENT LIMITATIONS
III. RATE SCHEDULE AND AVAILABILITY FEES
IV. APPLICATION FOR SERVICE
V. DEPOSIT
VL' INITIAL OR MINIMUM CHARGE
A. There will be a separate account eatabliahad for each sewer
conriectlon [o the system. Each such acmunt will be in Re name of the user.
The minimum monthly charge es pmvidad in the rate schedule will be made for
each account for any monthly usage up to Me minimum 3,000 gallons.
6. In those cases where the connection is to properly which
receives its water by well, the minimum monthly charge will be that ealablishad in
the rate schedule unless water consumption exceetls the minimum wn[ainetl in
[he rate schedule. The County reserves the right to meter the well of any user [o
determine that usals water usage.
6
NmentleE
I Ipi
C. thus
n
Term AffoMabilM Policv. [here will be a monthly chame establ'shetl 'n the rote
schedule for a fund for the oeme[ual insoec[bn antl maintenance of env oumo
station aervino Me davaloomant.
VII. COUNTY'S RESPONSIBILITY AND LIABILITY
VIII. USER'S RESPONSIBILITY
I%. E%TENSIONS OF THE SYSTEM
Ama~aea
W1IN8
System extensions to serve undeveloped land may occur, but only
as follows:
A. All each axteneiona must ba wnaiatent with the overall
System plan as atloptetl from time [o time by Omnge County, antl All
such extensions must be approvetl by the County Engineer.
B. Extension o[the System to new tlevelopments can only be
approved by the County Englneer if all zoning, suhtlivlslon, sad lantl use
plan and mmorehensive plan regulations cf Orenge County or the Town
of Hillsborough, 'd applicable, are met. With respect b subdivisions, the
subtlivision preliminary plat must be approvetl by the County or [he Town,
if applicable, which preliminary plat shall include approvetl preliminary
plans for the System extension. Planned development plans which
include System extensions must include approved preliminary plans far
the System extension.
C. All System extensions must be consistent with Goal 9.3 of
the Orange County Land Use Plan which goal "pmhibif[s] the
establishment of public water and sewer services in the areas designated
water quality critical areas, except to atldress emeryency situations • ~
w't ado tetl as all of its
Combrehens've Plan.
0. All System extensions shall be Installed acwNing to antl in
compliance with approvetl plans.
E. Constmction of Sysfem extensions will be inspectad by
Orange County ar;tae;,eiaear at intervals tleterminetl by the County. The
person seeking System extension agrees to pertnrt access to the System
and the System extension for inspection puryoses. User connections to
tM1e System will only be permitted after the extension of the System is
fnelly epprovetl in writing by Orange County.
F. Upon the cempletion of iha Gyalem extension [he
owner/developer will convey by deetl or other appropriate insfmment all
portions of the System extension, including but not necessarily limitetl [o
right-of-way easements, collection lines, service lines, stub-outs, permits,
pump stations end equipment, plumbing fadbtles antl M1ardware. NI
System extensions will be at no cost to Orange County.
ameneee
i rm
c Excemt a m~ dad 'n se~dn vl c nr m I II
sy t xte ~ t f ul m
g
SVStam eXIEnS On aDDICant l0 W V fOr an'OSO2ef oD antl m2 ntendOLe fnnd
for the Deroetual inaoecfon antl ma ntenance of the oumo staCOns
requ ietl for the Svstem extens on The emouM to be oeld and the terms
f t hllb tbll hetlb D C My d' ttl't
the Sewer Extenabn AareemenVContrad between the Svstem eMension
X. ACCESS TO PREMISES OFAUSER
XL CHANGE OF OCCUPANCY
Upon motion of Commissioner ,seconded by Commissioner
the kregoipg resolution was atloptetl this the _ tlay of ,
zoo1.
I, Bevery A. Bly[he, Cleric to the Boak of Commissioners for the County
of Orange, North Carolina, DO HEREBY CERTIFY [hat Me foregoing Is a hue
copy of so much of the proceedings of saitl BoaN at a meeting held on ,
2001 as relates in any way to the adoption of the foregoln8 end that saitl
proceetlings dre rerAMetl in MinufE BDDk ND, of RiE minutes of saitl
Boob.
WITNESS my hand antl the seal of said County, this day of
zaot
Clerk to the BcaM of Commissionere
DRAFT -HABITAT CONTRACT
12I30I2001
Orange County, North Carolina
Sewer Extension AgreementlContract
This AGREEMENT/CONTRACT is entered inro Mia tlay of
by end between (hereine8er the
"Developer')an range unty, od aroma ereina er the'Caunty'):
WHEREAS. the Developer owns or controls lands within Orange Counly, NC, as
tlescdbed in Exhibit "A°, anachetl hereto antl matle a part hereto as if Nlly set out in [hie
pamgmph antl hereinafter referretl to as "Property"; and
WHEREAS, the DevNOper wishes to erect on the Property single family resitlential
buidings, multi-family builtlings, resitlential buildings, commercial bulltlinge cr
improvements, industrial buildings or improvements, Institutional builtlings or
improvements, recreational buildings or Improvements, or otherwise create the
tlevelopment (hereinafter the "Project"); and
WHEREAS, [he DevNOper proposes to ex[entl sewer service from the County's Eflend
sewer system to serve the Project; and
WHEREAS, [he Developer acknowledges and agrees that the Project is subject to end
will comply wiM all of the Federal, State, County and other local Ernironmental, Land
Use, Zoning, antl Subtlivision ortlinancea, regulations antl rulings applicable tp the
Project; and
WHEREAS, the Developer le requiretl to execute a'Sewer Extension Agreement"
(hereinafter the "AgreemenP) seltinq forth such reasonable provisions governing the
Developels and the County's reaponsibilhy pertainingroMeinsiallation of wastewater
ce facilities; the connection of consumer Installation with the facilities of the County;
the manner antl meNOd of payment of fees; stantlartls of constmcticn or specifications;
time commitments to take and use wastewater services; engineering errors antl
omissions: roles, regulations end procatlures of the County antl other reasonable
regulations; and
WHEREAS, [he Developer agrees that all infrestmcture that will be installetl ar
constmc[ed to efled a sewer ezrension M serve his Project will meet all applicable
requirements, speciticetlona, standaNS; etc., of the County antl the Town of
Hillsborough, antl
WHEREAS, the Developer agrees to purchase or otherwise acquire ell pennenent or
temporary consWCtion easements nepessary to constmct antl pmvitle permanent
access to all Project wastewater inhastmcNre antl to appropriately Identify, document
antl convey Mdse permanent easements to the Counly on completicn of the Protect;
antl
DRAFT HABITAT CONTRACT
tzraorzogt
WHEREAS, the Developer agroes tc restore to the satisfaction of the owner (either
public or private) all cone[mctlon related tlamege to property or existing infres[mcture
poor to Project closeout and to secure tlamage releases from those owners; and
WHEREAS, the Developer agrees to pay all costs associatetl with [hat exension,
inclutling all costs associated with engineering design, design review, permitting,
cons[mctlon, constmaion monltoring, project atlminis[ration, projeIX close-out, bonding,
perpetual maintenance (unless exemptetl antler [he affortlable housing provisionscitatl
in Appentlix C) of wastewaterwaterpamping stations and similar vests associated with
Project wastewater infrasimctum cdnstructicn; antl
WHEREAS, the Developer agrees m pay all vests antl fees associatetl with Capon,
capital facility, availability, waste strength surcharge and other such fees that Orenge
County antl the Town of Hillsborough may have in effect at each time sewer service is
eMentletl; and
WHEREAS, the County is willing to provide, in eccoNence with the provisions
hereinafter set out, access [o the cen[ml wastewater facilities of the Edand sewer
system and to have those facilities extended to the Project by way of sewer wllaction
mains or by wastewater pumping stations antl torte mains; antl [o thereafter operate
such taciltties so[hat the occupants of each residence, bulltling orunlt cens[ructetl In
the Project will receive atlequate wastewater wlledion service from Ne County; antl
WHEREAS, at hs meeting heltl -the Orange County Boartl
of Commissioners (hereinafter calletl the °BOak") authorizetl the proposetl extension
subject to execution pfi this Agreement and compliance with its terms;
NOW, THEREFORE, the Developer and [he County, and the heirs, successors, antl
assigns of each of them agree:
(1) Subject to Oevelopefe compliance with the Canna end condklona set forth herein,
and subject to Developer obtaining any necessary approval from the State of NoM
Carolina, the Town of Hillsborough or any other agency or authority, the County will
parmk the connection of improvements consimctetl for the above-referencetl Project
to [he County's Eflentl sewer system.
a) The County reserves the right fo refuse to allow connection to or use of [he
Efland sewer system (i) when such connection would. cause the Gcuntys system
or the opemyon thereof to be in violation of any applicable state or fetleral
requiremenC or(ii)for reasons not known orkreseen by the County at thetime
this centred was executedthat would create a clear and present danger to the
public health or safety. Reasons far refusal to allow connection shall include, but
not be limited tc, lack wastewater treatment capacity by the Town of Hillsborough
or by lack of capacity of one or more components of the County or County sewer
system.
DRAFT -HABITAT CONTRACT
12130/2001
bj The County's euthoriza[ion[o mnnect to the Eflentl sewer system under this
Agreement shall expire if (iJ substantial (i.e. more then taken) mnatmction of the
Project has not begun wkhin two years from the tlate upon which this contract
was executed; (ii) after construction begins, construction ceases for a wntinucus
period of at least one year (unless a result cf an action by the County); or (iii) the
extension b be constmctetl pursuant b this contract has not been wnnegetl tc
the County's system in accoNance wdh the requirements sat forth herein whhin
three (3) yeere from the tlate upon which this contract was exewbtl.
(2) Nothing in this oantract shall be mnstmetl as constituting express or implietl
approval of the Project by [he County under any applicable County zoning,
subdivision or other lantl use oMinance. The ONinances, roles, regulations, entl
resol Wons of the Orenge county, regulating'SUbdiviaiona," entl other types of
development are hemby specifically incomorafetl into this Agreement by reference.
Developer hereby wvenanLS and represents that he has read and understands the
aforemen4onetl cetle sections, entl that hs hereby agrees to be bountl by all of the
regulations, terms entl contlhions conbinetl therein.
(B) The Deveoper agrees to cemply with or satisfy [he bllowing bona end condlGOna
ea well es Moae se[ forth in the Appendices entl ackrwwledges that the Count's
authorization [o connect the proposed extension to the EAand sewer system is
spacifcally wntingent upon compliance with or satisfaction of the same. If these
mntli[ions are not meq [he extension Agreement will be rentleretl null entl void entl
the Developer will need b re-negotiate a new wntrect for extension.
(4) The Developer hereby grants and gives to the County, its successors entl assigns,
the exclusive rght or privilege to own, maintain and operate said facilities in, untleq
upon, over end across the present and future streets, roatls, [erreces, alleys,
sofa, reserve utility strips and utility sites, entl any public pldees as provitletl
entl detlicatetl to public use in recoMetl plats, or as provitletl br in agreements,
dedications, or grants made cfhenvise and independent of saitl recorded plats. The
Developer shall gent b the County easements of dghls-of-ways mpesponding wl[h
[he installation cf the proposed facilities. The grant or conveyance shall be in bon
satisfactory tc the Boab and County Adomey. The conveyances, whether or not
located on the Property shall be made without cost to the County. The County
as the right b require such easement or right-of-way b the point at which the
meter is proposetl to be installed or at the "point of delivery of service", being the
point at which the facilities of the County loin with the Developer's installation.
The Developer hereby agrees that the foregoing grents shall inGUde the necessary
dght of ingress and egress to any part of the Property; that Me foregoing 9rents shall
be br such period of time as [he County or its successors or assigns require such
rights, privileges or easements in Ne wns[mction, ownership, maintenance,
operation or expansion of the wastewater collection entl Irensmission facilities.
ORAFf -HABITAT CONTRACT
12130/2001
The County hereby agrees that all easement gren[b will be utlllzetl in accordance
with the establishetl and generally acceptetl practices of the wastewater industry
with respect to the idetelle[ion of all da wastewater collection and transmission
facilities in any of the easement areas.
(5) Upon accomplishment of sll of the prerequisites to be pertormetl by the Developer
- as contained in this AgreemenVCOntrect, Subdivision Regulations and other rules of
design, specification, ins+allation, inspection and operation, the County hereby
covenants and agrees that It will connect the wastewater collection facilhies ins[alletl
by the Deveoper to the wastewater collection antl trensmission fecilitles of the
County, in acmMance with theterrns and Intent of this AgreemenVContract. Such
connection shall al all times be in accordance with roles, reguletiona, end oNem of
the State of North Carolina, or any other governmental agency or tlepartment which
has ludstliction thereof
The County agrees that once k provides wastewater aervicaa to the Propeay, antl
[he Developer or others have connectetl consumer installations [o the County's
wastewater collection and transmission system, the County will continuously provide
wastewater service to the Property in a manner to conform wkh ell regulafions of me
State of North Carolina antl other governmental agencies having jutlsdiction over the
wastewater wllection and trensmissiortfacildies end services of the County.
Notwkhstanding anything herein b the con4ary, the County shall not be responsible
for any delays in connections, commencement of service or intermptions of service
due to free, ceeuekiee, eccidenta, power failures, maimenance wotlc, breaktlowns,
tlamage [o equipment or facilities, civil or milkary aufiorky(sttlkes, war, rlo[, unusual
weather contlitions, tutlgments of any court, Act of Gotl, antl any suchtlelay in
wnndction or commencement of service. Inlermption of service shall not constitute
a breach of the AgreemenVCOntrec[vor impose any liablliry upon the County.
(5) The Devebpar hereby wvenants and agrees to construct antl trensfer ownership
antl corHml of the on-site wastewater collection antl transmission systems referretl [o
herein to the County at no cost [o the County. I[ shall be Develops/s obllgatlon to
tarnish to the County accurate information with regale to matters of engineering,
construction of builtlings antl tlwellings antl proposetl tlensiges. Plans antl
specifications shall be submittetl antl approved for compliance with applicable
County resolutions, regulations, antl roles.
After [he approval of plans antl spedfications, [he Developer shall cause to be
constructetl, at the Developer's awn cos[ and expense, the wastewater collection
antl transmission facilities as shown on the approvetl plans antl specifications, or as
the same may be motlifletl antl approved from time to time. Such facilities shall
inclutle those on-site elements antl the off-site elements applicable b the
Developele Property. ConeW coon antl, Inapec[lon of the wastewater collection antl
transmission facilities by the Developer, shall be in accrortlance with the provisions of
this Agreement/ Contract, any applicable County resolutions, regulations, antl rules
and in acwMance with gootl engineering precices.
DRAFT -HABITAT CONTRACT
12/30/2001
The Developer may also be requiretl to construct or Flnance all or a portion of the off-
site wastewater collection and transmission fecildiea In oNer to provitle a physical
interconnec[lon of Developer s Property with the facilities of the County at their
present terminus.
By [his AgreemenUCOntmc[, the Developer shall convey to the County, title to ell
wastewater wllec[ion entl transmission facilities installetl by the Developer or the
Developer's conlracbq pursuant to fhe provisions of this AgreamanVContracL Such
conveyance shall Gke effect pursuant to [he County resolutions, regulations, and
rules. As fuller evitlence of saitl transfer of title, and upon the rgmpletipn of the
installation and prior to the rendering of serviw by the County, the Developer shall
convey to the County at fhe request of Ne County by "Bill of Sale;' in farm
aetiafectory to the Count' Attorney, the complete wastewater collectlon and
irensmisslmn facilities. The Developer shall further cause to be wnveyed to the
County all easements and righfsaf-ways wvering areas in whicM1 wastewater
fecili[iea ere installed, by recgNable tlocument in farm satisfactory to tM13 County
Alfomey.
The Developer shall also convey, by Warmnty Deetl, any entl all wastewater
collection and tansmission facilities. All conveyance of easements, right-of-ways, or
Warranty Deeds shall be accompanied by evidence of title, satsfactory m the
County, astabllshing the Developefs rgM1tlo convey such easements, righlsbf-ways
or Warany Deeds and further evitlendng tM1e County's right to the con4nuous
enjoyment of such easements, rightsaf-way or Wartanry Deed properties [o the
exclusion of any other person in interest The County agrees that the acceptance of
[he wastewater collection entl transmission facilities installetl by the Developer shall
constkute the assumption of responsibility by the County for the continuous
operation and maintenance of such systems tram Yhat date forward, except as
limitetl by the provisions of [his AgrsemenVCOntract. Mortgagees, if any, holtling
poor liens on such propeNes shell be requiretl b release such liens, suboMinate
their posRbn orjoin in the gmn[ tletlication of the easements, fights-of-way or
Waranty Deetls, prior to acceptance of said tletlication, aeaement rightbf-way or
tleetl by the County. All wastewater collection entl henemiaeion facilities, save entl
except consumer installations shall be coveretl by easements, nghtsof-way or
wartentytleeds.
NeiNer the Developer, nor any peson or other entity holding title to any of me
Properly, shall have any present or future right, title, claim or interest in and to the
Fee or to any of the wastewater collection and transmission facilities end properties
of tM1e County. All prohibitions applicable to [he Developep are applicable to all
subsequent owners, person or entitles.
The County shall not be required to accept title to any component part of the
wastewater collection entl transmission facilities as consW clad by the Developer
untll [he County's engineer has approved the construction of sakl lines and accepted
DRAFT ~ HABITAT CONTRACT
12/30/2001
the tesLS to determine that such construction is in accopance with applicable
provisions of the County's resolutions, regulations, and roles, end foal approval has
been received by any other ageng having jurisdiction. Said approval shall be made
as required in the Counlys resolutions, regulations, end rules end shell be evidence
of the County's acceptance of said lines for the County's ownership, operetion and
maintenance.
.A. General
1. Unleea otherwise explicitly and specifcally stated, Developershell bear the
costs and expenses of all of the obllgatlone and duties created by this contact,
including wAhout limitation, engineering and legal fees incurred by the County in
connection with [he proposed extension.
2. The County will permit[he physical connection of the eMension to the EFlantl
sewer system only after all of the conditions set foM in Sections B end C end
any adtll[ional contlitlons appended hereto have been satisfied.
3. The County shall maintain the improvements oonslrocted under this contract
afterthey are dedicated. However. Bwithin one year of the date that the system
becomes operational at a minlmum of twenty-five percent of Its design capacity
for mechanical components or the date of the oftar cf dedication of the
eMension constmcted pursuant [o [his contract is accepted for all other system
components, defects in woBmanship or materials are diswveretl in work done
pursuant to thiscontrect by or for the Developeq the Developer shell seethal
such defects are promptly cortedetl a5 the Developers expense.
4. The County may make or authorize a#eneione or connectionsborfrom any of
the improvements constmded pursuant to this centract wRhout permission of
the Developer.
5. 'Developers mnstmcdon of improvements pusuant to this contrect shall not
relieve Developer of the obligation to pay applicable fees under the applicable
utility fee policies of the County or the Town of Hillsborough.
8. Sewer collection services meeting minlmum State smntlaMS will provided [o this
Protect.
7. The words"line or"lines"shall include "main or"mains unless the con[rad
otherwise requirea.'Sewer' means "sanitary sewer.'
8. To the extent practicable and/ores tlireded by the County, gravity sewer
collectors, wastewater IilVpbmpin9 atations,fome mains, etc., will be designed,
sizeq located (including elevations), and constructed to facilitate extensions of
sewer service b other potential and oR-site Pmjects/properties.
DRAFT -HABITAT CONTRACT t
1v3orzogl
9. Developers mnsimcticn of improvements pursuant to this contrail tloes not
affect the County's policy with respect to the fees to be paitl to the County by
property owners other than Developer for mnnectbn to the Improvements
mnshuctetl by Developer pursuant to this contract Nor shall Developer have
any right to wllect fees from pereons connecting onto or extentling [he
improvements mnstmc[etl under tMS contract.
10. All fees antl charges to be peld pursuant to this mntrac[ shall be calculated in
accoMance with the tee schedule In effect when the fees end chayea are paid.
a) All msitlentislprolect sewer capital facilities fees due the County end based
on per lot or acreage calculations shall be paid before mnsWaion of the
extension begins unless provided sa an azmption in the Appendix.
b) All capital facilities fees due the Town of Hillsborough shell be paid at the
fime the building permdfor each indivitlual home is acquired.
c) Peryetual maintenance costs and fees for wastewater pumping stations
shall be calculated as provitletl in Appendix C and approved by the County
Engineer antl the County Commissioners antl shall become tlue (unless
exempted under affoMable housing Provisions) before the pump station is
mnnacted to the Efland system.
11. This mntrect may be assignetl by the Developer, but such successor or
assignee shell obtain no rights hereuntler until after fl has provitletl the County
wM a wriben acknowledgment of tts obligations antl responsibilities untlerthis
Agreement However, this contract is specdic to the Project tlascdbed above
and any change or alteration in the approvetl intentletl use, i.e. residential and
commercial development, M such Project shell, ebaent Me written consent of
the Gounry, void this mntrect.
12. Pre~mnnection/Certificate of Occupancy Cedifimtion: The Developer shall
submit a set of as-built plans antl specifications with mntracmre affidavit of
curacy, executetl easements antl associated exhibits, equipment wenanty
and owners manual tlocumen[a[ion, approvetl shop tlrewings, engineers
cerfification of substantial mmple[ion, engineers certifcation of compliance with
plans and specifications, coMradors release of liens. The Count' Engineer, the
Planning Director antl the County Manager shall execute this portion of the
Agreement in the secGOn provitletl prior tc connecting any user to the sewer
system or [he issuing of a Certificate of Omupancy.
13. Developer shall design, peobd, gain easements, and mnstmM ell off-site ufility
improvements necessary to enable [he existing system to accommodate this
Project prior to consW cling any onsite utilities for this Project.
DRAFT -HABRAT CONTRACT to
lzraonggt
15. A waiver of any breach of any provision of this Agreement shall not constitute or
operate es a waiver of any other breach of such provision or of any other
provisions, nor shall any failure to enforce any provision hereof operate as a waiver
of such provision or of any other provision.
1 fi. Thia Agreement is entered into and is to be performetl in the Stale of North
Carolina. County antl Developer agree that the law of the State of Nodh Caroline
shall govern the rights, obligations, tlu[ies antl liabilities of [he parties to Nis
Agreement and shall govern the interpretation of this Agreement For purposes of
this section, venue shall be in Orange Coumy. North Carolina.
1]. The Non-Prevailing Party shall be liable M the Prevailing party for all costs,
expenses, ariomeys' fees and damages a[ [he trial and appellate level, up to antl
Inclutling the U.S. Supreme court, which may be incunetl or susfainetl by the
Prevailing party by reason of the Non-Prevailing Partys breech of any of the
proviaione of this Agreement, whether or not litigation is involvetl in any such
breach.
18. All padiea to Nis Agreement have been represented by [heir respective counsel.
The parties hereto acknowletlge having reatl this Agreement antl tliswssetl [he
terms of this Agreement with their respective counsel and County, whh its eledetl
officials, and Net approval and exewtion of this Agreement has been matle freely
and voluntarily with full knowledge of its lapel eRect.
19. The Invalidity of one or more of the phreaea, sentences, clauses or Sections
contained in this Agreement shall not affect [he valitlity of the remaining portions of
the Agreement so long as the material purposes of this Agreement can be
tleterminetl and eRectuetetl.
20. All the terms, contlRions, provisions, andrepresen[ations containedin this
Agreement shall survive and trenscentl Ne execution antl tertnina[ion of this
Agreement.
21. Any tlispute between Ne parties of this Agreement may be referretl, et Ne request
of the County, for binding arbitration Nrou9h
B. Pre~COnetruetlon Requlremants
t The Developer shall engage a licensetl professional engineer [o prepare plans
and specifications for the conatmction of sanAery sewer improvements to serve
the Prolecl.
DRAFT -HABITAT CONTRACT
12130/2001
2. The Developer shall secure approval of the mnstructlon plans by the following
agencies or authorities.
County Engineer
North Carolina Department of Environment antl Natual Resources
North Camlina Department of Tansportation
3. The Developer shall obtain any newssary encroachment agreements or
manta far use of property not awnatl by the untleaignetl Developer or
Project owner
G Construction ReouiremenLs
1. Unless otherwise provided In this contact or motlrfletl by the accepted/approvetl
technleal specifications far this Project all wnstmdion, materials, equipment,
practices, etc., shall wnform tc County policy, stantlartls, technical
spec~cationa (ae outlinetl in Appentlix B) antl the EFlantl Sewer System Rules
of Opea[ion.
a) The County shall designate the s¢a antl type of material for ell sewer lines.
b) All work shall be sublect to inspection by the County antl the Engineer of
Recortl on the mns[mction documents. Nc line may be coveretl up until
such inspection has taken place and if any line or facility is covered up poor
to inspection, [he County may require such line or facil'Ty to be uncaveretl or
expoaetl to view at the Developers expense to fadlita[e such inspection.
c) The contractors surveyor shall pmvitle cens[mction stakeout antl the
Engineer of Recortl shall monhor antl verRy the cpnstrudion stakeout by fieltl
exeminatlon.
tl) The County will require any testingmtletermine that the work mmpliea with
County stantlaNS antl apecigca[ions. All such testing shall be at the
Developers expense
e) All mnstmdion shall be performetl by a Contractor licensed antl bontled to
perform thls type of work in North Carolina.
i) Engineer of Remrtl will pmvitle 23 unannounced spot checks of sewerline
installaGOn me[hotle, epecifca[bns antl progress each week that work Is
being performetl. Developers constmdion sfeH, following training by the
Engineer of Rewrd, will provide daily on site inspec[bns tluring [he time
work is parformetl antl shall prepare tlaily logs to be approvetl by the
Engineer of RewN. The Engineer of RecoN will inspectand sign off on
bedding of present sewer lines during Installation cf lateals. Developers
DRAFT - HA6ITAT CONTRACT
12/302001
ccnstmction staff will provide constroction progress updates to County
Engineer every 10 tlays to 2 weeks, arwhen a significant sewer cens[mction
event is approaching.
g) The GpntraptOf shall haveafieltl superintentlent posits atoll times tluring
COnstNCIIOR
h) The COMmctor shall pumhese from en insurance mmpany authorized to
write csauelTy Insurance in the State of North Carolina, naming the County
as anatlditional insured, the kllowin9limits of insurance
1) Wokers Comoensa[bn Insurence-Workers Compensation insurance as
required by law for all of the Contractors employees. The Contractor shall
alsorequire his subcoMreGOrs to provide Workers Compensa[lon for all
cf the IatteYS employees, unless the CoMragor afiortls protegion to such
employees,
2) Gomprehens've General L'ab'I'N Insurance -Comprehensive Generel
Liability Insurance shall be carried in the following amounts: One Million
Dollare ($1,000,000) bodily inlury each person, One Million Dollars
($1,000,000)property tlamage. ComprehensNe Generel Liability
Insurance shall inclutle Premises and Operations Liability, Intlepentlent
Con[rectors Liability, ConVectuel LiabilRy antl Completed Operations
Liability, antl will also centain a provision kr "u'. (underground) hazaM
liahiliy.
3)AUtomob'le Liability Insurance-Automobile Liability Insurance shall be
erzied in the following limits: One Million Dallers ($1,0(10,000) badlly injury
each pereon, One MIIIion Oollere ($1,000,000) badlly InJury each accident,
One Million Dollars ($1,000,009) property liability. Automobile Liahlllty
Insurance shall rover liability arising out of the use of owned, nonawnetl
antl hiretl motor vehicles.
4) All Builder's Risk Insurance -All Builtlers Risk Insurence will have the
same limits of coverage as that required above for the Contrector.
i) The Contrrector shall not commence work sll the insurance roquiretl herein
has been obtained. Insurance shall be maintained in PoII force antl effect
until Me Contrect hee been fully antl completely peROnnetl, as evitlenced by
the Engineer o{ Record's cedification of wmpletlon and subatenfial
compliance. Contrecor shall prbvitle Certificate of Insurance reflecting
aforementionetl ruveregea ae proof of coverege. Cadifcete of lnsurence
shall provitle for a thirty (30) tlay written notice to [he County in [he even[ of
any motlifmations, cancellation, or expiration of said policies. Language that
limits the 30 tlay notice to the County in any way is not acceptable.
DRAF7 -HABITAT CONTRACT I'
12/30/2(101
j) The Contractor shall secure Performanw and Payment Bantl(s), payable tc
the Developer andlor Orange County, from a Surety authorizetl b wrhe such
bonde in North Carolina for the full ws[ of the work to be pedormetl in antl
for the Project wveretl by this Agreement/ contract. This BOnd(s)shall be in
effect for the duretion of Mis Project and theone-year warranty Pedod - as
tlescribed In A. 3. above antl 0.1. tl) belew- afierthe Project is acceptetl.
2. The Developer shall bear the total wsl of sewer wnstroction within the Project
antl the total cost of sewer constmcfion required b errand service to the Project.
D. Pas[-Cons[mct'on Reau're ente~
Before the County will permit use of the EFland sewer system to serve [he Project, the
Developer shall:
L Famish the County two hard copies, one of which is reprotlucible, antl one
electronic CAD file of the rewN drewings, together with:
a) affidevRS hom the Contractor antl the Professional Engineer of recoM that
the drewings acarately represent the as-built improvements, end
b) a cedif¢ate of wmpletion antl substantial compliance, executed by the
Professienal Engineer of rewM, intlicating that the Project has been
completed and thatwork has been pedortned in substantial compliance with
the approvetl plans and specifintions
c) a Werrenry from a viable Surety in the name of the Orange wanly tar a
periotl of 1 yearfrom the date of a~pfan® (one year from detlication for
non-mechanical components, one year from the time that the system
bewmes operational at a minimum of twenty-five percent of ita design
capachy for pumping stations antl equipment and force main air/vacuum
valves.
d) a Con[rectors Affidavit and Release of Liens from all subcontrectore and
matedalmen.
e)all owners, operation antl maintenance manuals, espies of approved shop
tlrawings, material certifications, spare parts, pump curve wrtifcaliona, etc..
associatetl with the equipment antl materal instelletl in wnlunction with this
sewer extension project.
2. Convey to [he County and recoN or cause to have rewrtletl in [he Orenge Co
Registry ell tleetls of easement and plats showing all sewer easements requiretl
to servelhe Project,
DRAfT - HABRAT CONTRACT
fzrsonoot
3. Formally dedicate to the County all physicalimprovemenfs constructed to serve
the Project that is the subject of this wniract, which Improvements shall bemme
pert ofihe EBand sewer system and will thereaker be ownetl and maintainetl by
[he County. '
GRAFT -HABITAT CONTRACT
12I30I2001
EXHIBIT "A" (property tliseriotionl
GRAFT HABITAT CONTRACT
12/3012001
Final Sewer Plan Certification
OEVELOPERr
a r
U~=en Dame .M sm a o~.uo~.l
ATTEST:
By:
Secretary Preeitlan[
Ienmiuw r:emu~ama m:oPeom Ivmvyaaiaemr ~amaa ~iea~n
WITNESS: WITNESS:
rymmirypoimmv oomemw,mext rynmrppnemo~~eawmmeml
ORANGE COUNTY, NORTH CAROLINA
BY:
Paul K. Themee, CourM1y Engineer
By:
Craig Benedict, Planning Director
By:
John M. Llnk, Jr. Coumy Manager
ATTEST: APPROVED AS TO LEGAL FORM:
Beverly SINhe, County Clerk
rynmrrycei:ema ~remamwuu.r Arroarven
DRAFT -HABITAT CONTRACT
tvaorzaot
STATE OF NORTH CAROLINA
ORANGE COUNTY
On Nis day of ,2gg .before me, the untlersignetl authority, tluly
authoriretl to take acknowletlgmen[s antl administer oaths, personally appeared
-president antl secretary,
respectively of a corporeton,
who acknowledged before that they executed the foregoing Wastewater Agreement far
antl on behalf of said corporation. He/shelthey are personally known to ma or have
protlucetl ,respectively, ae itlentikcatlon.
(N. P. SEAL)
NOTARY PUBLIC, State of NoM Carolina
My Commission number is:
mo~~o~musrs~aa game arvdanl
My Commission explros: _
STATE OF NORTH CAROLINA
ORANGE COUNTY
On thle_tlay of ,2g0_,before me, the undersigned authority, duly
authodzetl b take acknowledgments and administer oaths, personally appaeretl John
M. Link, Jr. as County Manageq BEVERLY BLYTHE ea County CleB, Craig Benetlict
es Planning DireMOr and Peul Thames as County Engineer, all of [he Orange county,
who acknowletlgetl befcm that they executetl the foregoing Wastewater Agreement for
and on behalf of the ORANGE COUNTY. The said John M. Link, Jr., Beverly Blythe,
Creig eenetlict antl Peul Thsmea ere pereonally known to me or have protluced
respectively, as identification.
NOTARY PUBLIC, State of North Carolina
trrlwrvnmai:emcee rome oiwo.ri
(N. P. SEAL) My Commission number le~
My Commission expires:
DRAFT HABITAT CONTRACT
19J30@001
Pre-connection/Certificate of Occupancy Certification
ATTEST:
pEVELOPER:
a mryoratian
p..en~am.,~e aem namoaa~~
By:
PfB6ldBllt
(PMV bW ISampnamaNaaetlryr (r~r/bPora¢my nemeW wle.ny
WITNESS: WITNESS:
IP~mvbrerm+manamemmmecu~ rFlbvgPo~emmpr reireolwrowml
ORANGE COUNTY, NORTH CAROLINA
Byi
Paul K. Thames, County Engineer
BY:
Craig Benetlict, Plenning Director
By:
Jahn M. Link, Jr. County Manager
ATTEST: APPROVED AS TO LEGAL FORM:
Bevetly ByNe. County Clerk
DRAFT -HABITAT CONTRACT
12/302001
STATE OF NORTH CAROLINA
ORANGE COUNTY
On this tlay of , 200 ,before me, [he undersigned au[horiry, duly
authodzetl io take acknowledgments antl administer oaths, personally appeared
-president and secretary,
respectively of , a wryoration,
who acknowletlgetl before that they executed the foregoing Wastewater Agreement for
and on behalf of said wrporation. He/aheflhey are personally known to me or have
produced , respectively, as identification.
(N. P. SEAL)
NOTARY PUBLIC, State of North Caroline
RrrearssmmrrNe~ ~=auwnt
My Commission number is_
My Commission expires:
STATE OF NORTH CAROLINA
ORANGE COUNTY
On thie tlay of , 200_, before me, [he untlersignetl authority, duly
authorized fo take acknowledgments and administer oaths, personally appeeretl John
M. Link, Jr. as County Meneger. BEVERLY BLVTHE as County Clerk, Cmig Benetlid
ea Planning Director antl Paul Thames as County Engineer, all of Ne Orange County,
who acknowletlgetl before ihaf they exewtetl the foregoing Wastewater Agreement for
and on behalf of the ORANGE COUNiV. The saitl John M. Link, Jr., Beverly Blythe,
Craig Benedict end Paul Thames are personally known to me or have pmtlucetl
respectively, as identification
NOTARY PUBLIO, 51ate of North Carolina
trrv~rrv~me raemom .ame mrae,ri
(N. P. SEAL) My Commission number is:
My Commission expires:
DRAFT HABITAT CONTRACT
1213012001
APPENDIX "A"
NAME OF PROJECT
The Project shall consist of Phases having a tMal of (Single Family,
Multi-family, Apar[ment)residential units antllor acres of (Commerolal, IntlusMel,
tnstitWOnal) Non-raeidentiel Development. The availability fees tlue for each. Phase
may vary since the prevailing ate at the time fees are paid will be herged_ Tha
Developer shall pay all Phase I availabildy fees based on acreage or per lot calculations
prior to recortling the foal plat for Phaae 1. Phasel availability fees due to the Town of
Hillsborough or those calculaletl on the basis of house size, type or Residential
Equivalency Units (REU's, 1 REU = 360 gptl) ehall be paltl prior ro being laauetl a
builtling peimil for each unit of Phase I.
The Developer shall pay all Phase II availability feaa based on acreage or per Icl
calculations prior to recoMin9 the final plat for Phase ll. Phase ll availability fees tluero
the Town of Hillsborough or those calculated on the basis of house size, type or
Reaitlantial Equivalency Units pdorto being Issued a builtling permit for each unit of
Phase II.
The Developer shall pay subsequent Phase avallablllry fees based on acreage or per lot
calculations prior to recortling Ne foal plat for that Phase. Phase availability fees tlue
to the Town of Hillsborough or [hose calculatatl on [he basis of house size, type or
Residential Equivalency Units prior to being Issued a building permit for each and of that
Phase.
Phase I shell consist of-residential units, and/or_ecres of Nan-residential
development
Phaae II shall consist cf_ residential ands, antllor_acres of Non-resitlerdial
tlevelopmani.
Phase III shall consist of realdentlel units, and/or acres of Non-resitlential
tlevelopmani
Phase lV Shall consist of realdengal unRS, antllor acres of NOn-resitlentisl
tlevelopment.
DRAFT -HABITAT CONTRACT ~~
1v3o12007
APPENDIX"B"
STANDARD SPEGIFIGATIONS
GRAVITY SEWER PIPING shall be Ductile Iran Pipe (DIP) Class 50 cement
moiler lined interior/asphallic wetad exterior. or SDR 35 PVC.
SEWER FORCE MAIN PIPING shall be DIP Class 50 or Class 200 PVC.
ALL PIPING BURIED 18' DEEP OR DEEPER SHgLL BE DIP
PIPE BEDDING shall be as recommended by the manufacturer, wim stone
betltling requiretl for PVG gravity sewer pipe.
OETELTABLE MARKING TAPE shell be required on ell non-metallic sewer
pipelines, except sanitary sewer mains where manholes will be expossd a[
both entls of the pipe segment Detectable metallic masking tape shall be
Empire ThorTec or equal. The tape shall bear the pdnletl itlentRCetion
"Caution Sewer Line Below",antl shall be 2 Inches or greater in wltlth.
PRESSURE TESTING PIPE
All gravity sewer aM farce mains shall be pressure tested to 50 pas above
system pressure (AW WA C600).
SANITARY SEWER MANHOLES AND AIRNACUUM VALVE MANHOLES
Manholes shall be precast concrete, 48' minimum diameter, and shall have 4'
minimum wall thickness and 8" minimum Floor slab thickness, having separate
base slab or base section with integrel floor. Top section shall be eccentric
wne unless otherwise specified and approved. Gaskets between rings shall
meet A6TM 0443. Steps shall be provided for manholes deeperthal80".
Manhole rings and covare shall be heavy tlury service tluctile iron, AST A536,
coetetl on the insitle for mansion protection, z" to 9' by 24' user with 26'
tllame[er cover with "Sanitary Sewer'cast in. Manhole rover insects with
gaskets antl hantlle to prevent stormwater inflow shell be provided. Manhole
shall be ballasted as required to prevent flotation. Cored holes wRh ribber
boots shall be requiretl for manholes where pipes are inserted. All new
manholes shall be vacuum tested to 10. 8" Hg, wdh less than 1" loss
acceptable at 1 minute.
SEWAGE PUMP STATIONS shall be duplex submersible style, unless
approved otherwise. Motors shall be minimum of 2 5 hp, and must be 1 3
phase, 60 Hz Pumps shall be non-clog cenMfugal pumps, unless approvetl
otherwise. Pumps shall be capable of passing a 3" tliemMer object end [rash
or sMngy material that can be passetl through a 4" diameter piping system.
DRAFT -HABITAT CONTRACT
tzrsorzoot
Grinder pumps shall only be approved when conditions preclude other
selections.
Liquid level controls shall consist of four mercury float switches: low level
alarm, normal low level stop-all pumps, pump 1 on, pump 2 on and high level
steno.
The irdedmr wet well invert and wall and the bottom of the top slab shall be
maletl for corrosion profectlon. Coetlng shell conels[ of two coats of heavy
bodied coal tar coaling, each mat with minimum thickness of 12 mils tlry Olm.
All guitle mils, fasteners, and miscellaneous metals inside the wet well shall
be stainless steel. Access ladders shall ba aluminum or stainless steel. Piping
Inside the wetwell shall be Flanged ductile iron or eteinleas steel. Wet well
vent shall be flanged tluc[Ile iron pipe or schedule 80 galvanizetl steel with a
sweanetl outsitle entl. A yartl hytlmn[ cgnneUetl to potable water shall be
insfalletl a[ [he pump ataflon ails, unless approved othemiae.
Gored holes with rubber boots shall be requiretl for where pipes are insemetl.
Access hatches shall be hingetl entl lockable, with stainless steel or
aluminum frame, entl'/." thick aluminum tliamontl plate tloor(s). All haMware
entl hinges shall be slalnless steel.
A etalnleea steel portable jib crone entl hoist shall be provitletl with a
minimum capacity of 500 pounds or 125%of the pump weight, whichever is'
greater. Provisions for mounting and use of the crone entl hoist shall be
provitletl et the pump station.
All new pump sgtions shall have permanent on-she standby power with auto
transfer switch end auto dialer/SCADA telemetry equipment installed.
Generator shall be sized to operate both pumps simultanmusly and to start
the lag pump whilethe lead is opemling.
Pump station a@ea shell indude chain link fencing (8 feet high, topped with 3
slmntls of barbetl wire). Altemete fencing materiels may be requiretl basetl
on individual site conditions.
Patllocks shall be provltletl for the gate, electrical panels, entl access
hatch(es) and shall be keyetl to the Counfys apeclflcatlon.
All electrical and mechanical equipment, including pumps, valves, generators,
eu[oEielers, float swdches, switch gear, etc., shall, as far as ie practicable, be
of the same brands, rootlets, mns[mction, etc., as similar equipment in
existing system pumpingllift s[atlons. It shall be the reeponaibility of the
DRAFT -HABITAT CONTRACT
1213012001
Develcpers consulting engineer [e Feld verify intormatlon an existing
equipment.
PERMANENT EASEMENTS shall be a minimum of 20 feet wide for a single
utility pipeline where such easemen6 are located entirely outside of public
road righisof-way, Where easements abut public rpatl rights-of-way they
shall be of aufflclent width that in Ne opinion of the County Engineer there is
suficient room for the maintenanw of fhe sewer line.
Far multiple Imes, an easement shall provitle a minimum of 10 fee[ clearance
on eiNer sitle of each pipe.
Where permanent easements cross Neuse River Besin required buffers, such
easements shall be a maximum of ten (10) fee[ in witl[h.
DRAFT -HABITAT CONTRACT
12130/2001
APPENDIX "C"
ATTACH PERPETUAL MAINTENANCE COSTIFEE CALCULATIONS
FOR WASTEATER PUMPINGILIFT STATIONS
The Perpetual Maintenance CostslFees far the Wastewater PumpinglLiR Station(s)
serving the Project shall be calculated by the Engineer of Recard forthe Project antl
submided to and approved Mthe County Englneer. The Engineer of Recortl will
provitle as attachments all referencessources of pricing antl calculations. The
following criteria shall be used in the dalWldtlons:
1. The Perpetual Maintenance Fae shell be tleterminetl by the following present worth
calculation:
P=AOM (P/A, I, inflnity)or
Present Worth (Pemelual Maintenance Feej =Annusl Operating antl Maintenance
Coats x the present worth factor given annual cost at 4 % interest for iMnity.
The 4 percent interest is der'rvetl by subtracting 2% annual inflation from a 8
deposit interest
The infinity teem is to be usetl in Ne tlefennination of the P/A fador unless it can be
reasonably tlemons[reted cr projected that the pumpinglliR elation can or will be
replacetl by gravity sewer within a shorter fime pedotl.
2. Annuallaetl mst charges(foreftoNable housing protects as specified in ArUCIe VL C.
of the EFlantl sewer system rules of operation) shall be calculated using [he
maintenance, utility antl equipment replacement costs outlinetl in sections 3-8 below
and may be atllusted or amentled pedotlically [o reflect actual servica experience.
3. Except ae notetl below, assume that the maximum life of all electrical antllor
mechanical mmponenm In the pumping/liR station is 20 years.
a. Assume pump seal replacement at 4 year intervals for each pump
b. Assume W mp impeller replacement et ]year intervals for dachpump
c. Assume pump motor rewintls at 10 year intervals for each pump
tl. Aaeume transfer switch replacements at 15 year intervals
e. Assume autodialer replacement at6 year intervals
4. Assume total annual power vests fo be based on $ 0.12 per kwh.
DRAFT -HABITAT CONTRACT
iZ3012001
5. Assume routine/preventative maintenance costs to be $350 per month.
8. Assume autodialer telephone line msis to be 810 per month.
DRAFT -HABITAT CONTRACT
12I30R001
APPENDIX "D"
ATTACH PRELIMINARY SEWER PLAN EXHIBITS
AND
BOCC RESOLUTION OF PRELIMINARY PLAN APPROVAL
DRAFT -HABITAT CONTRACT
12/30/2001
APPENDIX "E"
ATTACH
FINAL PLANS AND SPECIFICATIONS
PERFORMANCE AND WARRANTY BONDS
LETTERS OF CREDIT
E%ECUTEO NCDOT ENCROACHMENT AGREEMENTS
E%ECUTED ENCROACHMENT AGREEMENTS FOR OFFSRE UTILITY EASEMENTS
LOCAL AND STATE PERMIT APPROVALS AND AUTHORIZATION TO CONSTRUCT
COUNTY ENGINEER'S LETTER OF FINAL PLAN APPROVAL
DRAFT - NABITAT CONTRACT
1213CI2001
APPENDIX "F"
ATTACN
"AS~BUILT" PLANS S SPECIFICATIONS
CONTRACTOR'S AFFADAVIi OF ACCURACY OF "AS~BUILT" PLANS
ENGINEER'S CERTIFICATION OF ACCURACY OF "AS-BUILD' PLANS
ENGINEER'S CERTIFICATION OF SUBSTANTIAL COMPLETION
ENGINEER'S CERTIFICATION OF COMPLIANCE WITH PLANS AND SPECIFICATIONS
CONTRACTOR'S AFFADAVIT AND RELEASE OF LIENS
EXECUTED EASMENTS AND EXHIBITS NOT PREVIOUSLY PROVIDED
35
AMENDED
RssowTloN
OF TBE
ORANGE COUNTY BOARD OF CODNTY COMMISSIONERS
llaM Of MttBVg: December 11, 2UU1
Name of SubdlNalov: Richmond Hills
OxverlAPPlicavC Habimt for Humanity
The Board oCCOUnty CUVVWeaionen hereby approves amended Richmond IIi1Lv Preliminary
Play, ¢ppmvedby Resolution dated August 15, 2000, as ammdW, by Resolution dated May 1,
2001 avd mntavdng 431ate eobjcct to the fWfillmem Ufayuirements specifiM in the previously
approved Resolution ofAppmval, as amnded, and as spttified httein.
Sewa6e Disposal avd Water System, Scelivn A.4 is hereby mnemkdby delerinK We last
pazagmph o[thal eubseclion as written in the August I5, 2000 Resolution ofAppme'al mld
replacing it with the following:
Bofom title to any lot M Vm Richmond Hills Subdivision can be vanafated by Habimt far
^umanity, and before a cmircate o£occupavcy Lan be issued Mt aoY ofthe homes In the
Richmond Hills Subdivison, one of the followng optima shall be met with roped m
providing fac periodic mspedian and rcquirMmaintenonee o(the pump station and
fencing vnd landscaping associated wiN the pump etmiou:
o. Ownerlepplicwt ahWl sat up v pe~pemal maintenenee fond Io Provide for Pedodie
inspection and ratan H meioteoarce ofihia pump station, tanning and Imdscaping in
doawneotetiov to ba approved by IDo Canty Alvomey; OR
b. Periodic ivsp¢[ion and rcquircdmaintenanca wiE be Void 6vby the Mmeows:msin
the IUChmvvd Hilts Subdivision i$ but oWy il; the COUVty, iv is leyialedve
diswetion, amends the Rules avd Re%ulativns for the c>nerazion of ¢ Sewer
Collection Treazment System a sore the Eflmld Area ofOrenge County to provide
Imperipdic fees to bepaid by Ne homeowners in the subdivision wldcb @~ shall be
paid into the EBevd Sewer System En[vprise Fmd.
NOW THEREFORE BE IT RESOLVED by We BuaN of Orange Co~mty ConuWSSionva
that this emended Resolution ofApprovW 1'or Aichmondilills Prelimirmry Subdivision is
appmvsd.
Upon modon of CUmmissiona~aeconded by COVwissioner ,
the foregoing resolotlon was adopted Ibis lhe_day of ,2001.
36
I, Beverly A. Bly[he,Clerk[o tFe Board of Commissioners for tTe County ofOravge,
North Carolina, DO HBREBY CFiAiIkY Wet Ne foregoing is a weoopy of so much of tha
pmc¢dmga o(said Aoard at¢meeting Aeld o¢ ,20dt as relates iv airy way to the
adoptiomf Ore foregoing aM that said pmce~inge ere recorded in Mmvce Book No. oftM1e
mivutes ofsaid Board.
WITNBSS my hantl mtlthe seal of said COmty.INs_day of 2001.
Clerk to ILe Board ofCommissioners