Article VIII - Sewer Extensions

The Board of County Commissioners of Henderson County is empowered under the laws of the State of North Carolina to own, construct, operate and maintain wastewater collection/treatment systems under N.C.G.S. 153A-274. The Board has or will establish under this statute systems in several sections of the County. This policy is established to clearly state the procedure which must be followed in order for the Board to consider an extension of the County-owned wastewater collection system. This policy will also govern extensions to CCWSD wastewater collection system which shall be reviewed and approved by the Board of Commissioners.

It shall be unlawful for any person(s), corporation or local government(s), etc., to construct, operate or

maintain a public or private wastewater collection system(s) and/or wastewater treatment facility (ies)

within the specified boundaries of CCWSD without the expressed written approval of the Board of

Commissioners.

1. Any person(s) who wish (es) to extend the County sanitary sewer system must make application to the Henderson County Utilities Department on the approved form. Said application form shall be completely filled out, properly signed, and notarized.
   
   1. Attached to said application must be a preliminary drawing (prepared by a North Carolina registered professional engineer) which shows the proposed sewer from the existing County-owned or County-controlled sewer line to the subject property (and any improvements thereon) on the appropriate Henderson County Tax Map.
   2. The adjacent property lines, owner's name and deed references for all properties affected by the proposed sewer line shall be shown on said drawing.
2. Said completed and properly executed application form and the attached drawing must be submitted to the Henderson County Utilities Department.
3. All required CCWSD fees shall be submitted to the Henderson County Utility Department at the same time the application is submitted.

1. The Board of Commissioners will review an application for a sewer extension and determine under what conditions, if any, service may be granted to the applicant. The Board of Commissioners, as it deems appropriate, may require the applicant, at his/her own expense, to submit information outlining the proposed project and its impact upon the existing wastewater collection/treatment system to which it will be connected.
2. The proposed project and all facilities proposed for connection to the system must be in compliance with this Ordinance.
3. It shall be understood by the applicant that County sewer service is subject to a number of engineering constraints, financial considerations and available treatment capacity. Therefore, each application will be reviewed and acted upon based on the current circumstances, past operating experiences, future growth considerations and financial information associated with the project.

The Board of Commissioners may, pursuant to a duly adopted resolution, delegate its authority under this

article to the County Manager of Henderson County and in such resolution may restrict or limit such

delegation of authority.

Should the Board approve the application for a sanitary sewer line extension, the following steps shall be taken:

1. The applicant must retain the services of a North Carolina registered professional engineer to prepare detailed plans and specifications for the proposed extension and the applicant shall furnish 2 copies of the said plans and specifications to the Henderson County Utilities Department for review. Said plans shall include both plan and profile views and clearly identify (by property lines, names of current property owners and deed book and page references) all properties which shall be affected during construction of the proposed sewer extension. Each sewer line extension shall be constructed within a permanent 20 foot wide dedicated permanent easement and within a 40 foot wide (unless otherwise approved in writing by the Henderson County Utilities Department in advance of construction) dedicated temporary easement, both issued by the landowner, and any others with an interest in said property, to Henderson County. Said engineering plans shall include both said permanent and temporary construction easements.
2. The design of the proposed wastewater collection system shall be in accordance with generally accepted engineering standards. The Board may appoint an independent professional engineer to act as its agent in reviewing the plans and specifications for the County.
3. It shall be the applicant's responsibility to obtain all required federal, state and local permits for the project. All permits shall be in the name of the Cane Creek Water and Sewer District of Henderson County and, when obtained, transmitted to the Henderson County Utilities Department.
4. It shall be the applicant's responsibility to contact the affected landowners and secure the required easements free, clear and unencumbered, and the attorney's title opinion addressed to the County that the same is free, clear and unencumbered and to contact any others with an interest in subject property and to secure any release deeds that may be required. Said easements shall be on a form approved and provided by the County. Should the landowner refuse to grant the easement or the others with an interest in subject property refuse to grant a release deed, the County may intercede on behalf of the applicant to obtain approval. If the landowner will not execute the easement document and/or if the others with an interest in subject property will not execute a release deed, the County may determine that it is in the public's best interest to proceed under condemnation. All legal, engineering and acquisition expenses (including awards by the courts) related to obtaining the necessary easements and release deeds shall be the applicant's responsibility.
5. Once all permits, easements and release deeds have been obtained and accepted by the County, the applicant may proceed with construction of the approved facilities.
6. During construction, the applicant's design engineer shall make periodic on-site inspections to verify proper installation. The County shall retain the right to have its own designated representative inspect the progress of the work at any time. Once construction is completed, the design engineer shall certify to the applicant and the County that the system was installed in accordance with the approved plans and specifications.
7. Should the applicant wish to deviate from or change the original, permitted design of said project, the applicant must first obtain written permission for said change or deviation from the County. Failure to do so may be grounds for the County to reject the installation and to deny sanitary sewer service.
8. The applicant shall warranty the facilities constructed for a period of one year from defective materials and/or workmanship. The effective date shall be the date of certification by the design engineer.
9. Once completed and accepted by the County, the applicant shall convey to the County (by deed) all ownership and control of all or any part, in the County's discretion, of the facilities installed by the applicant and shall furnish to the County one set of Mylar, two sets of paper copies, and one electronic copy of the as-built plans.

The Board of Commissioners will provide the basic wastewater facilities, including the interceptor sewers, major sewer lift stations (on interceptor sewer lines) and wastewater treatment facilities for the areas which it has determined will be served by a County-owned system. Construction of such facilities will be financed from bond funds, state/federal grant/loan funds, system revenues and other available funds and under a time schedule determined by the Board.

1. The extension of wastewater collection lines from the basic wastewater facilities shall be financed in whole or part by the applicant as determined by the Board.
2. Once the project has been approved by the Board and all permits, easements and release deeds have been secured, the applicant may proceed with construction in either by:
   
   1. The applicant shall deposit with the County his pro rata share of the funds in an amount equal to 120% of the design engineer's estimated construction cost. The County will secure bids and award construction contracts in accordance with the N.C.G.S. The engineering, inspection fees and contractor invoices will be paid by the County from funds appropriated for the project. Should actual costs exceed the funds available, the applicant shall be responsible for covering any and all costs overruns unless approved otherwise by the Board; or
   2. The applicant shall secure a properly licensed utility contractor, approved by the County, to proceed with the installation. All engineering, inspection fees, and contractor, and other invoices shall be paid by the applicant. Should any County funds be appropriated to the project, disbursement shall be made to the applicant on a pro rata basis upon receipt of an invoice certified for payment by the design engineer, and the applicant shall provide to the County a performance bond for the full amount of the project costs.