(a) In the Municipality. All divisions of land in the Municipality shall be served by water and sanitary sewer lines. Exceptions to this requirement may include the following:
(1) If a subdivision is located, as determined by the Planning Board and Council, so as to be held in a utility transition area where water and sanitary sewer lines are not available. In such a case, the water and sanitary requirements shall be as set forth in paragraph (c)(2) hereof.
(2) If a subdivision is located in an area where the topography is such that future sanitary sewer and/or water lines in the area would be improbable.
(b) In the Three-Mile Jurisdictional Area.
(1) With utilities available. If the subdivision can be served by the economical extension of public water and/or sanitary sewer lines as determined by the County Board of Commissioners, the subdivider shall be required to do so.
(2) Either utility not available. If public water and/or sanitary sewer service is not economically available and the proposed subdivision is not located in a potential urban area as described in paragraph (c) hereof, the subdivider, developer or owner shall provide an individual well and septic tank for each dwelling.
(c) In Potential Urban Areas.
(1) Description. A proposed subdivision shall be considered to be in a potential urban area if one or both of the following conditions exist:
A. If the proposed subdivision is located in an area which contains five lots or more, either proposed or existing and proposed, all of which lie within the bounds of a circle, the center of which is located near the center of the proposed subdivision and has a radius of 310 feet or less, or as in the case of a one-street linear development where the five lots will face upon a street within a linear distance of 500 feet. Measurement of a one-street linear development shall begin in the center of the proposed development and extend for a distance of 250 feet from the center on each side.
B. If the subdivision is located in an area designated by the Planning Board and Council as a utility transition area.
Proposed or existing lots that utilize sewer and water service shall not be counted as part of the potential urban area. Any such lot having at least 250 feet of continuous frontage on a public road and one and one-half acres or more of land area shall not be counted as part of the utilization of utilities.
(2) Requirements.
A. Where a subdivision is proposed in a potential urban area as described in paragraph (c)(1)A. hereof the developer shall provide or ensure sanitary sewer and water facilities by one of the following methods:
1. By installing the necessary lines and connecting them with a public sewer and water system; or
2. By installing such lines along with a district community water supply and sewer system. The water supply and sewage disposal system must meet the requirements of the County Sanitary Engineer, the State Board of Health and the Director of Public Service.
B. In a utility transition area where sanitary sewer and water lines are not available, the developer of a proposed subdivision shall provide or ensure such utility facilities by one of the following methods:
1. By installing necessary lines and creating a temporary water supply and sewer district. The facilities of a temporary water supply and sewer district must meet the requirements of the Department of Public Service and the County Health Department. The County Sanitary Engineer and the County Health Department shall also approve plans pertaining to water supply and sewage disposal within the three-mile jurisdictional area unless the utility system is connected to the Municipal system, in which case the requirements of the Municipality shall prevail.
2. By first requiring the home builders to install temporary wells and septic tanks, and then by platting and selling lots in the manner set forth in Chapter 1234 and complying with the other requirements of the utility transition area or by platting lots of the size or manner as indicated in Column D of the table in Section 1236.05(b)(2)C.
C. Percolation tests are required on all new subdivisions, platted or unplatted, not served by a public or community sewer. Such tests shall be performed by either a qualified sanitarian, a registered surveyor or a civil or sanitary engineer and shall be done in accordance with the requirements and specifications of the County Health Department. Approval by such Department is required before the subdivision is approved by the Planning Board. However, a conditional approval, subject to approval by the Department, may be granted if Department approval has not been received by meeting time. Before further subdividing land in a potential urban area is permitted, the developer shall submit a scale drawing showing his or her intentions concerning the remainder of land under his or her control. The planning staff shall review the drawing and submit it to the Planning Board to determine if the land in question should be platted.
D. Exceptions to the requirement of such percolation tests include the following:
1. A situation where an existing house and its septic tank have been used successfully on a large tract of land now being requested to be split off and used as a separate lot; and
2. The creation of a nonbuildable lot that is to be used in conjunction with an existing lot of record to provide additional yard area.
(3) Exceptions. In a potential urban area as described in paragraph (c)(1)A. hereof, if the developer can justify one or all of the following items to the satisfaction of both the Planning Board and the County, the sewer and water requirements as stated in paragraph (c)(2)A. hereof may be waived, in which case, however, the size of all lots shall be as specified in subsection (b) hereof and Column D of the table in Section 1236.05(b)(2)C.:
A. That the topography is such that the extension of water and sanitary sewer lines in the area is economically not feasible or the cost of providing community facilities is such as to prohibit the subdivision of the area;
B. That the plat is not in the path of urban growth and is distantly located from any developed area; and
C. That the plat is located in the proximity of utility facilities and that such facilities are not available because of government action.
(d) (EDITOR'S NOTE: Division (d) of this section was repealed by Ordinance 03-01. Passed January 21, 2003.)
(Ord. 83-32. Passed 8-15-83; Ord. 03-01. Passed 1-21-03.)