(A)   Purpose and intent. The provisions of this section are intended to ensure that water and sewer facilities serve any permitted use of land associated with habitation or occupancy.
   (B)   Plan of development submittal requirements. In addition to submitting data evidencing compliance with the requirements of this section, plan of development submittal requirements must satisfy the requirements of state regulatory agencies reviewing water and sewer system proposals including the Health Department and the Department of Environmental Quality.
   (C)   General requirements.
      (1)   Water. Requirements for the provisions of potable water are as follows.
         (a)   Public water system extension. Where public water is available, it shall be extended to all existing and foreseeable users within the plan of development site.
         (b)   Central water system construction.
            1.   For major plan of development proposals where public water is not available, the developer shall construct a central water system including distribution lines, storage tanks and facilities, and supply facilities within the development. Upon completion of the improvements and after receiving acceptable test results, the water system together with all necessary easements and rights-of-way shall be dedicated to an entity acceptable to the county, or to the county should the county elect to accept the system. No development will be approved unless it can be fully established to the satisfaction of the county that the central water system can be properly maintained in perpetuity.
            2.   The plan-approving authority may waive or modify the requirement to construct a central water system upon making the following findings, where applicable:
               a.   The minimum size of the lots is sufficiently large as to make the installation of a central water system unnecessary;
               b.   The Health Department has approved an individual well location on each proposed lot;
               c.   Groundwater resources will be at least equally protected by individual wells as they would be by a central water system;
               d.   Alternative sources of water are available or will be provided for fire suppression purposes; and
               e.   The public health is not more adequately served by a central water system than by individual wells.
         (c)   Individual wells. Where development proposals are to be served by individual wells, the proposed location of individual wells shall have been approved by the Health Department.
         (d)   Existing wells. Any existing well found on property proposed for development shall be brought into compliance with current Health Department regulations. This shall include, but not be limited to, any open shallow well, shallow well without proper casing top, or any flowing artesian well. Existing wells shall be brought into compliance prior to issuance of any development permit.
      (2)   Sewer. Requirements and standards for sewage disposal in developments are as follows.
         (a)   Public sewer extension. If public sewer is available, it shall be extended to all existing and foreseeable users within the development site.
         (b)   Central sewer system construction. For major plan of development proposals located in areas in which the extension of sewer lines is not required, and individual systems are not deemed possible or appropriate by the plan-approving authority with supportive recommendation from the Health Department, the developer may, or the plan-approving authority may require, the installation of a central sewerage collection and treatment system. No plan of development proposing a central sewerage collection and treatment system will be approved unless it can be demonstrated that the system can be operated and maintained efficiently and effectively in perpetuity. Approved and constructed systems may be offered to the county, but the Board of Supervisors is under no obligation to accept ownership and responsibility for the system.
         (c)   Individual sewer systems.
            1.   If public sewer is not available, developments proposed to be served by septic systems may be approved by the plan-approving authority provided:
               a.   Both a primary location and a 100% reserve location for the septic system will be provided, neither of which shall be located, in whole or in part, in the resource protection area. A reserve drainfield shall not be required on any lot or parcel recorded prior to October 1, 1989, if, in the opinion of the Health Department, the lot or parcel does not contain a site suitable for a reserve drainfield;
               b.   The location and design for each septic system (both primary and reserve) has been accomplished in accordance with the most current edition of the Sewage Handling and Disposal Regulations of the State Department of Health and has been specifically and individually approved by the Health Department. Seasonal use septic systems or systems that are not adequate for year round use shall not be allowed. Disposal privies and vault privies shall not be allowed; and
               c.   Contamination or pollution of wells, groundwater, state waters, or any Chesapeake Bay Resource Preservation Area or resource management area is unlikely to occur from any proposed individual septic system.
            2.   Any development submitted for review shall include the specific locations proposed for both primary and reserve on-site septic system installations. Any proposed development lot not suitable for the installation of private sewage disposal systems shall either be combined with lots that are suitable or dedicated to common open space or recreation use, so that only buildable lots are created.
         (d)   Septic tank maintenance. Any person who owns a building, residence, or other structure which is served by an on-site sewage system not requiring a VPDES permit shall have the system pumped out at least once every five years. Owners of all such systems in existence within the county as of October 1, 1989, shall submit a septic tank maintenance certificate to the Land Use Administrator by October 1, 1996. A blank copy of this certificate is available from the Land Use Administrator.
      (3)   Easements.
         (a)   A separate ten-foot easement for all sewer force mains, including private force mains to remote drain fields, shall be required and shall be located between any roadside utility easement and the lot.
         (b)   All private utility lines such as private sewer force mains, and private water lines must be color coded and metal locator taped. All force mains must be installed at the same time and inspected by the Health Department prior to covering.
         (c)   All roadside easements shall be cleared and stumps removed during the original development construction of the roads.
         (d)   No utility easement shall be permitted to have a slope greater than two to one. Wherever cuts and fills adjacent to highway rights-of-way are greater than two to one, the utility easement shall be located beyond the steep slope.
(Ord. passed 11-9-1995; Ord. passed 4-9-2020)  Penalty, see § 157.999