The purpose of this Article is to ensure that development occurs only where there are adequate sewer and water facilities in place, or programmed for construction, prior to the issuing of development permits. The County supplies sewer service that is limited in its discharges to the Delaware River and is limited by available capacity in its sewage treatment facilities. Independent water companies currently supply water service, but the County must ensure that the service is adequate. New development may use water capacity on a first come, first served basis, but must provide certification that capacity is available. New development may use sewer capacity on a first come, first served basis in all sewer districts in the County if and/or when sanitary sewer service becomes available, as determined by the Department of Public Works.

(Ord. No. 97-172, § 3(ch. 13, div. 12.000), 12-31-1997; Ord. No. 06-125, § 2, 1-23-2007; Ord. No. 18-031, § 64, 4-24-2018)

The County sewer model is based on the analysis of sewer capacities in lines, pump stations and treatment plants. A map reflecting all sewer service areas located in New Castle County shall be maintained by the Department of Public Works and shall be made available for review by the public at that Department during normal business hours.

(Ord. No. 97-172, § 3(ch. 13, § 12.110), 12-31-1997; Ord. No. 18-031, § 65, 4-24-2018; Ord. No. 18-020, § 11, 7-10-2018)

The capacity of sewer service areas is identified on the Capacity Status Map and is available for review at the Department of Public Works. The Capacity Status Map is prepared using the County model to determine the existing capacity of the sewer in the County. The methodology in Section 40.12.310 shall be adhered to by the County in its determination of sewer capacity. The capacity of the various units shall be in gallons per day (gpd) or millions of gallons per day (mgd).

(Ord. No. 97-172, § 3(ch. 13, § 12.111), 12-31-1997; Ord. No. 18-031, § 66, 4-24-2018; Ord. No. 18-020, § 12, 7-10-2018)

The Department of Special Services may sell treated effluent from any County owned or operated sewer treatment facility to the public.

(Ord. No. 97-172, § 3(ch. 13, § 12.112), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 12.112), 9-22-1998; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 18-031, § 67, 4-24-2018; Ord. No. 18-020, § 13, 7-10-2018)

Each water supply company shall develop a method to determine water volumes and pressure in their systems. On-site testing shall be used as the basis for determining the capacities in lines, pumps, storage and distribution facilities. The certification of adequate capacity of the water service shall be obtained by the developer from the water supplier.

(Ord. No. 97-172, § 3(ch. 13, § 12.210), 12-31-1997)

A.

All proposed residential subdivisions containing more than twenty-five (25) lots or minimum aggregate side yard widths of less than thirty (30) feet shall provide a public or community water distribution system. The design and installation of such public or community system shall be subject to the approval of the appropriate State agencies, and the main sizes shall meet the requirements of the office of the State Fire Marshal.

B.

Where the subdivider proposes that individual on-site water supply systems be utilized within the subdivision, the subdivider shall either install such facilities or shall require, by deed restriction or otherwise, as a condition of the sale of each lot or parcel within the subdivision, that the facilities shall be installed by the purchaser of such lot or parcel at the time that a principal building is constructed thereon, in accordance with appropriate State requirements. Where individual on-site water supply systems are to be utilized, each lot shall be of a size and shape to allow safe location of such a system. An on-site water supply shall further require a permit from appropriate State agencies.

(Ord. No. 97-172, § 3(ch. 13, § 12.215), 12-31-1997)

In determining sewer capacities pursuant to this Article, the following methodology shall be used.

A.

Capacity. Capacity is measured in gallons per day (gpd) or millions of gallons per day (mgd), beginning at the plant. Each element of the system has a rated average daily capacity for processing, pumping, or flow.

B.

Available capacity determination. The proposed loads are compared against the capacity of the system component. The available capacity is determined by subtracting the existing and obligated volumes from the capacity of the component. If the number is positive, then the resultant is the available capacity.

(Ord. No. 97-172, § 3(ch. 13, § 12.310), 12-31-1997; Ord. No. 06-125, § 3, 1-23-2007; Ord. No. 18-020, § 14, 7-10-2018)

A water service area report shall be prepared using appropriate hydraulic models to determine the existing capacity of the water supply system. In specific, water supply volumes and pressure that must be met are found in Section 40.05.310. The developer shall present to the Department the water certification at the time of final record plan approval. Before a certificate of occupancy is granted or any surety released, site tests shall be made by the developer or the water supplier to verify that capacity is available at the time of certificate of occupancy permits.

(Ord. No. 97-172, § 3(ch. 13, § 12.330), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

The sewer analysis in Section 40.05.320 and water capacity certification in Section 40.05.310 determines the available capacity and allocates the capacity to the proposed development.

(Ord. No. 97-172, § 3(ch. 13, § 12.340), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

Sewer connection fees shall be charged pursuant to Section 38.02.014.

(Ord. No. 97-172, § 3(ch. 13, § 12.350), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 12.350), 9-22-1998; Ord. No. 06-042, § 4, 7-25-2006; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

(Ord. No. 97-172, § 3(ch. 13, § 12.360), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 12.360), 9-22-1998)

(Ord. No. 97-172, § 3(ch. 13, § 12.370), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 12.370), 9-22-1998)

(Ord. No. 97-172, § 3(ch. 13, § 12.380), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 12.380), 9-22-1998)

When a sewer collector line is located within two hundred (200) feet of the lot property line of the contiguous parcel as measured along a street right-of-way or an appropriate utility easement or right-of-way as may be applicable, contiguous parcels from outside the service area may also be served by the County sewer system provided such a connection is technically feasible; the subdivision or land development is a minor plan except those properties classified as institutional use which may be a major plan; and other applicable Code provisions and policies regarding requirements for sanitary sewer service are met, including but not limited to payment of a capital recovery fee and other applicable fees as set forth in Chapter 38. The Department of Public Works shall be responsible for maintaining and amending all maps depicting the sewer service areas located in the County. The sewer service area maps shall be available for inspection at the Department of Public Works during normal business hours.

(Ord. No. 97-172, § 3(ch. 13, § 12.390), 12-31-1997; Ord. No. 09-071, § 1, 2-16-2010; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 18-031, § 68, 4-24-2018)