The basic conditions under which water and sewer extensions are required in HRW's jurisdiction are described in § 153.155 of this code. HRW reserves the right to provide or not provide water and sewer extensions depending upon the availability of water and sewer capacity. The responsibility for extending water and sewer mains to and within new subdivisions or within other new developments lies with the subdivider or developer, although HRW may in its discretion contract with the subdivider or developer to install such water or sewer lines with HRW personnel.
(A) Water and sewer plan requirements. If a water distribution or sewer collection system is to be installed in a subdivision in HRW's jurisdiction, and the system is to be assumed and maintained by HRW immediately upon completion of installation, a complete set of construction plans must be provided for the proposed system. The plans shall be prepared by a North Carolina Licensed Professional Engineer serving as the engineer of record for the development and shall have their seal and signature with the date on each plan. Water and sewer plans shall include a determination of the estimated water and sewer capacity needed to serve the development based on NCDEQ design standards and shall consist of an overall composite plan, large scale individual plans with profiles as needed, detail sheets, grading plans, erosion control plans, specifications, and calculations. Plans must also be submitted in electronic formats to include Computer Aided Design (CAD) and/or Portable Document Format (PDF). Plans will provide for the construction of water infrastructure from the point of connection with existing HRW water mains to the meter boxes of the properties to be served, and for sewer infrastructure from the sewer clean out to the connection with existing HRW sewer mains. The plans must conform to HRW specifications, North Carolina Administrative Code Title 15A Subchapter 2T, Waste Not Discharged to Surface Waters, and to Title 15A Subchapter 18C, Rules Governing Public Water Systems. The engineer shall provide sealed as-built plans and location maps for all valves and hydrant locations upon construction completion.
(B) Capacity allocation determination. HRW reserves the right to impose minimum and/or maximum lot counts for each proposed phase within a new land subdivision development to help adequately determine future water and/or sewer capacity allocations and to prohibit excessive review and administrative overhead. Minimum lot counts will be determined on a case by case basis depending upon the development. Land subdivision developments are limited to a maximum of 200 lots or residential equivalent lots. Land subdivision developments that consist of lots greater than 200 can request an additional water and/or sewer capacity allocation of up to 200 lots for a maximum of 400 lots per development. This request requires a separate agreement with different requirements for payment of water and sewer system development fees as outlined in § 51.38(G)(3). All water and/or sewer improvements within approved phases must be constructed and lots within approved phases must be recorded within two years of receipt of the authorization to construct permit from HRW/NCDEQ. If a minimum of 50% of its planned building permits are not issued within four years from the receipt of the authorization to construct permit from HRW/NCDEQ, HRW reserves the right to rescind the unused amount of capacity for future use and begin the review process again in earnest to include updated plans and construction drawings from the engineer of record for the development. Supplementary phase construction requests of a maximum of 200 lots of the same land subdivision development will be reviewed but not permitted for construction until the above described conditions are met.
(C) Shop drawing review. The developer's engineer of record will review all shop drawings for conformance with HRW specifications prior to submittal to HRW. The shop drawing submittal to HRW shall include a cover letter by the developer's engineer of record certifying conformance with HRW specifications and summarizing any exceptions or concerns relative to approved drawings and/or HRW standards.
(D) Conformance, and inspection/oversight. Improvements shall be installed in accordance with the established specifications, and other applicable policies of HRW. Contractor shall conform to all applicable local, state, and federal regulations. No field changes to the plans are allowed without prior written approval from HRW. The developer shall, at his expense, retain the services of the engineer of record for the purposes of providing necessary inspections and supervision of the construction work, record drawings, and engineer certifications. The engineer is responsible to insure that construction is, at all times, in compliance with accepted sanitary engineering practices and the approved plans and specifications. A copy of each engineer's field report is to be submitted to HRW as each such inspection is made. Water and sewer infrastructure must pass all tests as required by HRW specifications and those of all applicable regulatory agencies. These tests include, but are not limited to, air test, vacuum test, mandrel test, visual test, pressure test, bacteriological test, and the like. A HRW inspector must be present during testing. All test results must be submitted to HRW. All tests must be satisfied prior to final inspection. Following completion of construction of all water and sewer infrastructure delineated in the approved water and sewer plans, a final inspection must be requested in writing by the developer or developer's engineer. The developer's engineer and HRW inspector shall prepare a written punch list of any defects or deficiencies noted during this inspection, should any exist. Upon completion of the punch list, the developer's engineer will schedule another inspection. In the event the number of inspections performed by HRW exceeds two, additional fees may be assessed to the developer.
(E) Off-site and over-sizing of infrastructure. For developments that are not adjacent to water and sewer infrastructure of sufficient size and capacity to meet the needs of the proposed development, the developer shall be responsible at their sole expense for the design and construction of any and all improvements to the HRW system deemed necessary to meet the service requirements of the development. The developer shall incorporate the off-site improvements in the water and sewer plans submitted for the proposed development. These improvements shall be consistent with the HRW Utility Master Plans and conform to the requirements of this policy. The developer may be required as a condition of approval of this development to install either on-site or off-site improvements of a greater capacity than required to serve their development in order for HRW to serve future developments or to meet other service needs of HRW. If this is the case, HRW shall reimburse the developer for any additional costs incurred as a result of installing such oversized lines. Under no circumstances will HRW reimburse the developer for any additional costs associated with the installation of mains equal to or less than eight inches in diameter for water and 12 inches in diameter for sewer as these sizes would be below or equal to the standard size mains utilized by the HRW.
(F) Easements for future water and sewer lines. The developer shall secure the services of a professional engineer to design the system in accordance with HRW specifications. HRW desires to develop its water and sewer infrastructure in an orderly manner that minimizes energy consumption and makes the most efficient use of existing and proposed infrastructure. To accomplish this, the developer may be required as a condition of approval of their development to dedicate easements with the boundaries of the development to HRW for placement of future water and sewer infrastructure. The developer shall incorporate the requested easements in the water and sewer plans submitted for the proposed development. Water and/or wastewater infrastructure proposed for acceptance and ownership by HRW must be in a dedicated utility right-of-way/easements or public right-of-way/easements. The cost associated with the acquisition of any easement or right-of-way contract for extensions of water and/or sewer mains over privately owned lands will be solely borne by the developer. HRW also prefers that the developer acquire these rights-of-way privately if at all possible. Further explanation of HRW's participation in easement acquisition for private development is explained in § 51.56 of this chapter.
(G) Transfer of title. The developer shall transfer to HRW title to all water distribution and sewage collection systems installed by developer's contractor. Such conveyance is to take effect without further action upon the acceptance of HRW of said installation. As further evidence of said transfer of title, upon completion of the said installation and prior to the rendering of service by HRW, the developer shall, without cost to HRW:
(1) Convey at no cost to HRW, its successors or assigns by good and sufficient easement deed or dedication in right-of-way in a form satisfactory to HRW a perpetual right, easement, and privilege to operate, maintain, and repair or replace all water and wastewater mains, pipes, connections, pumps, and meters within granted easements upon developer's property in connection with supplying water and wastewater service to the inhabitants, occupants, and customers in developer's property and secure from each mortgagee and lien or a release of mortgages' and lienors' interest in the easement and fixtures thereon for so long as the easement is used for the operation, maintenance, repair, or replacement of water and wastewater mains, pipes, connections, pumps, and meters within the easements.
(2) Transfer at no cost to HRW all developer's right, title and interest in and to all of the water and wastewater supply lines, mains, connections pipes, valves, meters and equipment installed up to and within granted easements and right-of-way for the purpose of supplying water service and wastewater collection for the inhabitants, occupants, and customers in developer's property.
(3) Furnish HRW with an affidavit that all persons, firms, or corporations who furnished labor or materials used directly or indirectly in the prosecution of the work required to be performed by the agreement have been paid. Said affidavit shall be written in such a form as approved and accepted by HRW.
(4) Furnish HRW with a release of lien from all contractors and suppliers of materials and/or labor who might have acquired interest into the installations by the supply of materials and/or labor otherwise.
(5) Furnish HRW with all manufacturers' warranties which developer might have received or is due to receive on any part of the installations.
(6) Pay to HRW any and all applicable charges which shall be due and payable prior to connection to HRW water and/or wastewater system.
(7) Furnish HRW with a satisfactory warranty on guaranteeing all equipment and infrastructure installed pursuant to this agreement against defect in materials, and equipment of construction for a period of not less than one year from date of acceptance of same by HRW. Said warranty shall be in such a form as approved and accepted by HRW.
(H) Metering requirements. Each individual apartment, residence, unit or business, must have individual meters with the exception of existing apartment complexes, condominiums, shopping centers, mobile home parks, and residential developments where lines do not meet HRW standards. These qualifications for the use of master meters, rather than individual meters, are clearly defined in § 51.19 of this code.
(1) Meters meeting HRW specification and of appropriate size for desired application shall be furnished to the HRW at the expense of the developer and shall become the property of HRW.
(2) Each occupancy or property owner must post a security deposit and setup fee, as listed in § 51.30 of this code, prior to activation of the service.
(3) All water lines and meter services must be in a right-of-way with a minimum width of 20 feet and dedicated to HRW for the operation and maintenance of said water lines and meter services.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020; Ord. 2021-9, passed 10-26-2021) Penalty, see §
10.99