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§ 51.41 PROVISION FOR CUT-OFF VALVE.
   (A)   Any person desiring to connect to a water supply and distribution system owned and/or operated by HRW shall be required to install a cut-off valve of a minimum size of 3/4 of an inch onto the service line running from the meter box to the consumer's premises. This cut-off valve shall be located within 12 inches of the connection of the customer's service line to the meter box. A diagram showing a typical installation of such cut-off valve is attached to the Ordinance passed 11-16-2020, and made part of this section by reference.
   (B)   This section shall be enforceable in addition to the minimum requirements of the North Carolina State Building Code regarding plumbing and placement of cut-off valves.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020)
EXTENSIONS
§ 51.55 WATER AND SEWER EXTENSIONS IN NEW DEVELOPMENTS.
   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
§ 51.56 ACQUISITION OF EASEMENTS FOR DEVELOPERS IN COUNTY PARTICIPATION PROJECTS.
   (A)   Should a developer encounter problems acquiring utility right-of-way across private property for a project, he may request a meeting with the HRW Director, or his designee, to discuss gaining assistance from HRW. For eligibility of participation by HRW, the subject water or sewer line must serve a public purpose or benefit as defined in HRW's case as providing a minimum value, for residential developments, of $350,000 tax base per lot and a minimum number of 50 lots. The Director will review and make a determination as to possible eligibility for participation. If the Director determines there is a valid basis for participation, the process will be explained to the developer. Agreement to participate by the developer will result in a letter of recommendation to the Legal Services Department and the County Manager. If the Legal Services Department agrees that participation is warranted then they shall notify the developer in writing and then in conjunction with HRW meet with the developer to review his obligations. All property maps and descriptions will need to be approved by HRW and need to comply with these standards and procedures.
      (1)   One copy of blueprint of each map with a copy of the descriptions of the taking shall be submitted by the developer's engineering firm/surveyor for review. The map and descriptions need to be sealed by a professional surveyor.
      (2)   Legal will contact the developer's engineering firm/surveyor after review is completed so that review comments can be addressed.
      (3)   The developer's engineering firm/surveyor will have to re-submit a copy of blueprint of the corrected plans and a copy of the corrected descriptions, together with all the copies marked with corrections requests.
      (4)   When Legal is satisfied that all changes have been made, the developer's engineering firm/surveyor will be contacted and asked of submission of the following items:
         (a)   The original mylar of the plans, signed, sealed, and dated by a professional surveyor.
         (b)   A copy of the legal description, signed, sealed, and dated by a professional surveyor.
         (c)   A DXF or DWG drawing file submitted on a flash drive or through email, for all computer-generated with the drawings. This file should be on project coordinated (specifically, NAD83 coordinates). Also an ASCII points file, with the point number, coordinates, and descriptor of each point.
      (5)   The developer's attorney will need to prepare the required deeds and contact the county's Legal Department for the approval of the deeds.
      (6)   The developer or his attorney will furnish the Legal Department with a copy of the deeds after they have been recorded in the Office of the Register of Deeds of Harnett County, NC.
      (7)   In lieu or preparing property maps, legal descriptions, deeds and deeds of assignment, the developer may choose to have his surveyor prepare a plat of recordation. The Legal Department will still review the plats. Once the maps have been finalized they will need to be submitted to the Planning Department for their review. The developer may then have the owners sign dedications statements on the plat.
      (8)   In the event that the property owner denies the developer's surveyor access to the property, the surveyor shall compile the maps needed for the easements from publicly available sources and use these documents to estimate the easement square footages required. The estimated value of the easements, per square footage, based on the independent appraisal shall be multiplied by the estimated required square footage of the easement as a basis of offer. This offer may be considered as sufficient proof that a good-faith effort was made. Final settlement value will be contingent upon a survey meeting HRW's requirements as stated above.
      (9)   The developer shall send letters to the property owners requesting permission of site access and HRW will initiate contact with the affected property owners to alert them to the activity. Based on the approved drawings and descriptions, the developer commissions an independent appraisal of the properties. An offer shall be in writing to the property owner and sent via certified mail, return receipt requested. Upon refusal of the offer, as detailed above:
         (a)   HRW will schedule a meeting with the developer and the affected property owner(s) to, discuss the situation, explain the necessity for the project (for example, public good, public necessity, coordination with the long-term infrastructure development of the County), and ascertain that an offer has been made and effused.
         (b)   Furnish the Legal Department copies of correspondence as written documentation.
         (c)   If condemnation proceedings are the only option left to obtain the necessary easements, a Board of Commissioner agenda item from Harnett Regional Water Director to the County Manager must be prepared and sent and copied to the Legal Department.
         (d)   The Legal Department will notify the developer and the affected property owners as to the date, which the Board of Commissioners will consider the request.
         (e)   Board of Commissioners will decide as to whether or not to direct Legal to initiate the condemnation process of the property in question. Condemnation under this policy shall be subject to the Board of Commissioners findings of public purpose, public necessity, and approval of exercise of eminent domain.
         (f)   Upon the Board of Commissioners approval and prior to HRW staff starting action, the developer is to deposit with HRW twice the amount of the estimated cost of the right-of-way.
   (B)   The developer will have the right to have his attorney participate in the process in conjunction with HRW attorneys. If the developer elects not to, he shall furnish a waiver to HRW to that effect. Upon obtaining the right-of-way, HRW shall refund to the developer all funds over and above those required to obtain the right-of-way. In the event that condemnation becomes, and is approved by County Commissioners, the developer shall write a letter to HRW stating that he will be fully responsible for any and all cost and expenses awarded by the court in the condemnation case. For county projects, that letter will be written to the County Development Services Department. At the option of HRW, the developer may be required to deposit additional funds up to five times the amount of the estimated right-of-way value. HRW will retain these funds until completion of the judgment, at which time any remaining monies will be returned to the developer. The money on deposit with HRW will bear no interest.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020)
§ 51.57 EXTENSION OF WATER AND SEWER LINES WITHIN COUNTY.
   (A)   HRW currently extends service by three methods:
      (1)   Capital projects using loans and grants to fund;
      (2)   Private development within public rights-of-way or dedicated rights-of-way funded by private funds; and
      (3)   Co-operative projects between HRW and private sector for commercial and industrial development. The amount of HRW funds contributed to a co-operative project is guaranteed to be repaid to HRW by the developer in net tax proceeds from the improved property within the first five years. If the net tax proceeds received within the five year period fail to equal HRW's fiscal contribution to the project, the developer shall pay the difference to HRW.
   (B)   (1)   HRW proposes to designate, from the Harnett Regional Water Fund, certain restricted annual appropriations for the development of water and sewer line extensions within Harnett County. All requests for extensions shall be rated on the following point system:
 
Public health severity
40 points
Cost feasibility based upon return of investment
40 points
Contributed capital by individual or business
20 points
Points maximum
100 points
 
      (2)   The responsibility for rating each request will be with the Director of Harnett Regional Water or the designee of the Director. A minimum score of 50 points is required in order for the Harnett County Board of Commissioners to consider the request.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020)
§ 51.58 EXTENSIONS OUTSIDE OF COUNTY.
   (A)   HRW has no responsibility to provide water or sewer service to property located outside the county. However, upon request, HRW may extend its water or sewer lines to serve properties outside the county when it determines that it is in the county's best interest to do so.
   (B)   Any owner of property outside the county who seeks an extension of HRW's water or sewer system to serve the property shall submit an application for extension to HRW. The owner shall provide all information HRW deems necessary to determine whether the requested extension is feasible and in the county's best interest.
   (C)   The responsibility for, and the entire cost of, extending a water or sewer line to serve property outside the county shall be borne by the property owner requesting the extension.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020)
§ 51.59 EXTENSION MADE BY OTHER THAN HRW PERSONNEL.
   (A)   Extensions of HRW's water or sewer system installed by other than HRW personnel, whether inside or outside the county, shall be installed by a licensed utility contractor in accordance with the provisions of this chapter as well as other HRW specifications and requirements. Among other matters, such specifications shall govern the size of all lines, their locations, grades, materials used, manner of installation and provision for future extensions.
   (B)   No construction or any addition to HRW's water or sewer system shall commence until detailed plans have been reviewed and approved by the Director of Harnett Regional Water or the designee of the Director. Such plans shall include whatever information the administrator deems necessary to determine whether the proposed extension complies with all applicable HRW specifications and requirements.
   (C)   Water lines intended for addition to HRW owned water system will be allowed to connect to the system if installed within the rights-of-way of a dedicated street or if adequate permanent easements are provided. Sewer lines shall also be installed within public street rights-of-way wherever practical, but HRW may accept sewer lines constructed on private property (where the topography makes this necessary) if adequate permanent easements are provided.
   (D)   To protect street surfaces, HRW shall require that whenever extensions of water or sewer lines are made to properties or within new subdivisions, laterals be extended to all properties expected to tap onto such water or sewer lines.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020)
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