(A) Generally. Plumbing fixtures, and sewage disposal systems shall conform to all applicable codes and regulations.
(1) No property owner shall allow the connection of any other dwelling to the utilities of his or her lot.
(2) The subdivider shall provide individual utility connections for each lot within the subdivision. Each subdivision lot shall be provided a connection to a power supply, a connection to an approved water supply and a connection to an approved sewage waste disposal system.
(3) All utilities shall be installed underground, except where extreme geographic or conditions of topography make this requirement unreasonable. Where subdivision consists of all oversized lots and deed restrictions or zoning prevent further re-subdivision, a subdivision may be submitted for consideration to the Planning Board for approval of above ground utility services.
(4) All major above ground utility equipment, other than individual lot service equipment, shall be located at the rear of side lot lines (corner lots only) or along side lot lines. No above ground utility equipment shall be installed at intersections and/or within the required vehicular sight distance; except for traffic signalization equipment.
(5) Easement for and the installation of all underground utilities shall be coordinated to minimize land disturbance and to minimize conflict during construction.
(6) Placement of utilities shall comply with the North Carolina Building Codes.
(7) No permit for the construction of or placement of a building shall be issued in a subdivision until:
(a) A water supply system has been installed and approved (except individual wells); and
(b) A sewage disposal system has been installed and approved (except individual septic tanks).
(8) No building within a subdivision shall be occupied until:
(a) A connection to a power supply is complete;
(b) A connection to an approved water system is complete;
(c) A connection to an approved sewage system is complete; and
(d) All required inspections are completed and final approvals given.
(B) Potable water. There shall be a safe, adequate, continuous and conveniently located potable water supply provided for each lot within a subdivision. Potable water supply shall be in compliance with the applicable edition of the North Carolina Plumbing Code.
(1) (a) If the development is to be located within 300 feet of a public water system, connection shall be made thereto and its supply used exclusively, except where extreme geographic or topographic conditions make this requirement unreasonable.
(b) Where a subdivision consists of all oversized lots, and deed restrictions or zoning prevent further re-subdivision; the subdivision may be submitted for consideration to the Vance County Planning Board for waiver of connection to a public water system. There shall be no cross-connections between public and private water systems.
(2) When a public water system is not available or where capacity (and/or line size) is not sufficient for extension, individual wells, shared wells or community wells shall be installed, inspected, tested, approved and maintained in accordance with the most current “Rules Governing the Protection of Private Water Supplies,” § .1700 of the North Carolina Administrative Code, “Rules Governing the Sanitation of Protection of Water Supplies, T15A NCAC 18A.1700 of the North Carolina Administrative Code,” “Well Construction Standards,” Subchapter 2C, § .0100, and other applicable state regulations and guidelines.
(3) Dry lines may be required to be installed where public water supplies are anticipated soon after completion of the project.
(C) Applications for public water supplies. Applications for public water supplies for new subdivisions shall contain:
(1) Calculations showing the maximum daily water usage of the development shall be submitted;
(2) A certification shall be provided that the public water system will provide water to the development;
(3) Oversized lines may be required to be installed with the participation of the City of Henderson or with the participation of Vance County;
(4) Design standards, installation, connections and approvals of all components of the water system shall be as required by the public water system; and
(5) Fire hydrants, where required, shall be installed in compliance with the North Carolina administrative, building, plumbing and fire codes, local fire department requirements and other applicable local ordinances and standards.
(D) Wells; generally.
(1) There shall be no subdivision of any parcel of land nor any parcel offered as a gift, for sale or lease where ground already contains contaminants in excess of state standards unless the applicant submits evidence of how water quality will be improved or treated, the source identified and resolved.
(2) A 100-foot contaminate free zone must be maintained around private or community wells.
(3) Dry hydrants may be required in areas near large bodies of water to facilitate fire protection to the development.
(E) Shared wells, community wells or community water systems.
(1) Calculations showing the maximum capacity of the water system shall be submitted along with calculations showing the maximum daily water usage of the development.
(2) Where shared wells or community wells are to be employed a written, perpetual agreement shall be recorded specifying:
(a) That the water supply to each lot is a permanent supply;
(b) Which party(ies) will have responsibility for the physical and financial maintenance of the community water system;
(c) That each property owner shall have adequate assurances of a continued water supply and have immediate remedial action should maintenance or supply be discontinued for any reason; and
(d) The frequency and specifications of well testing.
(F) Private individual wells.
(1) Where individual septic tanks are to be used in conjunction with private individual wells, the approximate, proposed location of the well for each lot shall be shown. The purpose is to show the proposed proximity from proposed well sites to proposed sewage waste disposal systems.
(2) No subdivision of an existing lot or lots shall be allowed where an individual well would be separated from the structure it serves; except where the well is to become a shared well or community well (see Community Water Systems above). No existing lot shall be reduced in size such that compliance with respect to any development, health or safety requirements cannot be met.
(G) Sanitary facilities. Each lot within an approved subdivision shall be provided with an adequate sewage disposal system. The use of pit privies or portable toilets (beyond construction phase) are specifically not permitted within a subdivision. All sewage waste from toilets, showers, bathtubs, lavatories, wash basins, refrigerator drains, sinks, faucets and water-using appliances not herein mentioned shall be piped into an approved sewage disposal system.
(1) If the development is to be located within 300 feet of a public sewage system, connection shall be made thereto and used exclusively; except where extreme geographic or topographic conditions make this requirement unreasonable or where there is a necessity for crossing a ridge line so that pumping of wastes would be necessary.
(2) When a public sewer system is not available or where capacity (and/or line size) is not sufficient for extension, a private sewage system or an individual septic tank system shall be constructed, inspected, approved and maintained in accordance with the requirements of the N.C. Department of Environment, Health and Natural Resources and with the regulations of the Vance County Board of Health.
(3) Dry lines may be required to be installed where public sewer installation is anticipated after completion of the project.
(H) Public sewer.
(1) Calculations showing the maximum daily effluent generated by the proposed development shall be submitted.
(2) A certification shall be provided that the public sewage system will allow connection and provide service to the development.
(3) Oversized lines may be required to be installed with the participation of the City of Henderson or with the participation of Vance County.
(4) Design standards, installation, connections and approvals of all components of the sewer system shall be as required by the public sewer system.
(I) Private Community Waste Disposal System. Private or community sewage systems shall be located a minimum of 100 feet from all existing wells and proposed wells in future subdivision phases. No underground utilities, roads, recreation areas or structures shall be located in drainage field or replacement drainage fields for the system.
(1) No existing lot shall be reduced in size such that compliance with respect to any development, health or safety requirements cannot be met. For lots with existing private community waste disposal systems, evaluations of systems are based on the number, size, configuration and soil types of the existing lots. Changes could render the evaluation, subsequent permit and approval invalid.
(2) Private Community Waste Disposal Systems may be installed on land held by a Home Owner's Association where installation, maintenance and replacement is in the form of a written, recorded perpetual agreement and with the agreement of the Vance County Public Health Department and the State of North Carolina.
(J) Individual Septic Tank and Drainage Field.
(1) No subdivision of an existing lot or lots shall be allowed where a septic tank, drainage field or replacement drainage field would be separated from the structure it serves. No existing lot shall be
reduced in size such that compliance with respect to any development, health or safety requirements cannot be met. For lots with existing septic tanks, evaluations of lots for septic tank installation are based on the size, configuration and soil types of the existing lot. Changes to this lot size or configuration could render the evaluation, subsequent permit and approval invalid.
(2) A sewage system shall be installed on the lot it is intended to serve; except individual septic tank systems may be installed on land held by a Home Owner's Association where installation, maintenance and replacement is in the form of a written, recorded perpetual agreement and with the agreement of the Vance County Public Health Department and the State of North Carolina.
(K) Natural gas. Extension and installation of natural gas lines to subdivisions is encouraged in areas of the county where natural gas is available.
(L) Solid waste disposal. The storage, collection and disposal of solid waste shall be so conducted as to comply with state regulations and create no health hazards, rodent harborage, insect breeding areas, safety or fire hazards or pollution.
(1) Construction debris, stumps or other similar materials shall not be buried within a subdivision or be left on:
(a) A lot;
(b) A road (public or private) or an easement used for access to lots; and/or
(c) A common area within a subdivision.
(2) (a) The developer shall be held responsible for storage, collection and disposal of all construction debris within the subdivision. The responsibility for compliance shall not be transferred to another person.
(b) However, the developer may require sub-contractors to provide dumpsters for construction debris.
(3) The owner of each lot within a subdivision shall be held responsible for the proper storage, collection and disposal of solid waste.
(M) Fire hydrants. (See division (C)(5) above.) Dry hydrants may be required in areas near large bodies of water to facilitate fire protection to the development.
(Ord. passed 6-7-2004, § 312) Penalty, see § 10.99