In addition to the requirements identified in chapter 30 of the Bryan County Ordinances, the Engineering Design Manual, and federal and state law, all subdivisions and developments must provide water supply and sewerage disposal systems pursuant to the requirements of this section.

(a)

Public water and sewerage systems.

(1)

Where a public water system is available and located within one mile of a proposed subdivision, of ten or more lots or subdivisions which are part of a phased subdivision with ten or more potential lots, and the operator of the systems agrees to serve, the subdivision must be served by such public water system.

(2)

Where a public sewerage system is available and located within one mile of a proposed subdivision, of ten or more lots or subdivisions which are part of a phased subdivision with ten or more potential lots, and the operator of the systems agrees to serve, the subdivision must be served by such public sewerage system.

(3)

For proposed subdivisions located outside the one mile radius of a public water or sewerage system, the utility provider having jurisdiction has the right of first refusal to enter into an agreement with the applicant to provide water and sewer service to the proposed subdivision.

(4)

Any subdivision serviced by public sewerage must be serviced by public water.

(5)

Any new construction on a lot within 200 feet of a public water system shall be required to connect to the system.

(b)

Private water and sewerage.

(1)

Where, under paragraph (a) of this section, a subdivision is not required to be served with public water and sewerage, the subdivision must be served with a private water system designed and constructed in accordance with this ordinance and other applicable laws and approved by the public health department or EPD.

(2)

Prior to the submittal to the community development director of the final plat of a subdivision served by a private water system or private sewerage system, an applicant must submit to the community development director a trust indenture relating to each system, as required by section 114-1101.

(c)

Exemptions from requirement for private water and sewerage systems. Subdivisions of fewer than ten lots with minimum lot sizes of one useable acre each are exempt from the requirement of paragraph (b) of this section for the requirement of a private water system and private sewerage system, provided such subdivision meets the requirements of this UDO and other applicable laws. This exemption shall not apply when the community development director determines that the proposed subdivision is part of a phased subdivision with ten or more potential units.

(d)

Exemption for utilities. The board of commissioners can modify any provisions of this section in connection with facilities relating to the transmission of utilities, provided that:

(1)

The use of the lot so created is permitted in the zoning district in which such lot is situated;

(2)

The space and bulk requirements of the lot so created meet the minimum requirements for utilities as set forth in this UDO;

(3)

The board of commissioners approves a buffer plan that provides visual screening from the lot so created and the road on which it is situated and adjoining properties; and

(4)

The plat of the lot will be clearly marked "For Utility Purposes Only."

(Ord. No. 06-2020, § 3, 12-8-2020)

A developer of a subdivision with a private water system or private sewerage system must establish a trust indenture for such system.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

All private subdivision improvements must be constructed in accordance with this UDO and all applicable laws.

(b)

Notice of private water system or private sewerage system. The final plat of a subdivision with private water systems or private sewerage systems must contain the following statement in type size 12 point or larger:

NOTICE OF PRIVATE SYSTEMS

This Subdivision is served by a Private Water System and/or a Private Sewerage System. County will not maintain, repair or replace any Private Water System or Private Sewerage System. The responsibility for such maintenance, repair or replacement is addressed in a Trust Indenture between the Developer of the Subdivision and a trustee. Any purchasers of Lots within this Subdivision are urged to carefully review such Trust Indenture to determine the applicable rate structure and the party responsible for the maintenance of the Private Water System and Private Sewerage System.

(Ord. No. 06-2020, § 3, 12-8-2020)

[Reserved]