This chapter shall be known as the "Sanitary Sewer and Potable Water Regulations Ordinance."

(Ord. No. 90-16, § 1, 9-11-90)

The purpose of this chapter is to provide for the implementation of the land development related policies of the sanitary sewer and potable water sub-elements of the comprehensive plan. Other policies of the sanitary sewer and potable water sub-elements requiring ordinances for implementation will be included in the utilities ordinance in Title II of the Code of Laws and Ordinances. In the case of duplication between the provisions of this chapter and the utilities ordinance in the Title II, the provisions of the utilities ordinance will govern.

(Ord. No. 90-16, § 1, 9-11-90)

All terms defined in Chapter 901, definitions, are applicable in this chapter.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Single-family dwelling units and nonresidential projects utilizing less than two thousand (2,000) gallons of potable water per day may use private wells where such wells are approved by regulatory agencies including the county environmental health department and utilities department, in accordance with the connection regulations set out in section 918.05 below.

(2)

Single-family dwelling units and nonresidential projects generating less than two thousand (2,000) gallons of wastewater per day may utilize septic tanks for disposal of domestic waste only, where those septic tanks are approved by the county environmental health and utilities departments, and where consistent with the connection regulations set out in section 918.05 below.

(3)

Centralized water service shall be limited to the urban service area, to areas where the county has legal commitments to provide facilities and services, and to areas and development projects located outside the urban service area that meet the requirements of Potable Water Sub-Element Policy 5.7.

Centralized sanitary sewer servi;ce shall be limited to the urban service area, to areas where the county has legal commitments to provide facilities and services, and to areas and development projects located outside the urban service Area that meet the requirements of Sanitary Sewer Sub-Element Policy 5.8.

(4)

No existing on-site wastewater treatment systems or water treatment systems may be replaced or expanded without compliance with applicable county utility construction standards, DEP and health department regulatory requirements, federal and state water quality and wastewater treatment standards (including the Federal Safe Drinking Water Act, and the Florida Safe Drinking Water Act), and SJRWMD regulatory requirements. Prior to commencement of system replacement or expansion, a county utility construction permit and, if applicable, a utility franchise approval shall be obtained by the system owner/operator.

(5)

No development requiring connection to a centralized system shall be approved if the development's demand exceeds the available capacity for either water or sewer service. Development orders may be issued for land development permits and similar project construction permits if capacity for water or sewer service is existing or is designed, under construction and contracted to come on line prior to the impacts of the permitted development project. No building permits shall be issued for the development until the capacity for water and sewer service serving the project is on line.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-23, § 11, 5-15-91; Ord. No. 92-39, § 19, 9-29-92; Ord. No. 2012-025, §§ 2, 3, 7-10-12)

Editor's note— Section 2 of Ord. No. 2012-025, adopted July 10, 2012, changed the title of § 918.04 from "Sanitary sewer and potable water regulations" to "Sanitary sewer, potable water, and effluent re-use water regulations."

All new developments in Indian River County shall connect to centralized sanitary sewer and centralized water facilities unless the connection matrix and this chapter provide for an alternative method of service. The following connection criteria shall apply to the various developments:

(1)

General provisions. The following general connection provisions will be applied to all new development:

(a)

Distance determination. Distance determinations for the purpose of this chapter are made from the nearest point of the project site to the public facility directly through public easements or public rights-of-way.

(b)

All developments which do not connect to a centralized system shall construct a wet line (in the case of package treatment plants), pumps and lift stations, or a dry line, if required by the county utility services department.

(c)

All applications for septic tanks and package treatment plants shall comply with applicable federal, state and local requirements. All applicable federal, state, and local permits shall be obtained.

(d)

All wet lines and package treatment plants shall be dedicated to the county. This shall not include on-site aerobic treatment units.

(e)

All provisions of section 918.05 shall apply to potable water wells and on-site public water plants as well as septic tanks and package treatment plants.

(f)

The final determination for the type of commercial, institutional, and industrial establishments which may obtain permits for treatment plants or septic tanks shall be made jointly by the county utility services department director, community development department director, and health department director.

(g)

The county utility services department, the health department, and the community development department shall enforce connection requirements to the centralized water and wastewater systems for residential (including individual single-family units) and non-residential developments.

(h)

The appropriate type and size of package treatment plants shall be determined by the county utility services department in coordination with the health department.

(i)

Any development not required to connect to the centralized water or wastewater system shall meet applicable state and Health Department requirements for on-site systems.

(2)

Connection criteria for single-family residential dwelling units. No building permit for a new single-family residential unit within two hundred (200) feet of the centralized system shall be issued unless the unit connects to the centralized system.

(a)

Single-family residential dwelling units located more than two hundred (200) feet from a collection line of the Indian River County sanitary sewer system may utilize an on-site septic system if any of the following conditions are met.

1.

The single-family residential unit is in an area having a density of two (2) units per acre or less.

2.

The single-family residential unit will utilize public water and is in an area with a density of four (4) units per acre or less.

3.

Undersized lots in existing subdivisions not meeting the requirements of subsections 1. and 2. above may utilize an on-site septic system if the single-family unit satisfies the requirements of the health department.

4.

The single-family residential unit is in the agricultural (one (1) unit/five (5) acres, one (1) unit/ten (10) acres, and one (1) unit/twenty (20) acres) or rural (one (1) unit/acre) area of the county, as designated on the future land use map of the comprehensive plan.

(3)

Connection criteria for residential projects (subdivision, multifamily, site plan, PD, DRI). No new residential project within one-quarter (¼) mile of the centralized system shall be approved unless the project connects to the centralized system. Residential projects located outside of one-quarter (¼) of the system meeting the criteria of subsections (a) or (b) below may be approved without connection to the centralized system.

(a)

The following residential projects located within the urban service area and outside of one-quarter (¼) mile of the system may utilize septic tanks and private wells:

1.

Residential projects with fewer than twenty-five (25) lots/units, with a density of less than two (2) units/acre or less than four (4) units per acre if public water is provided. Notwithstanding this provision, no residential project shall be approved without connecting to a centralized system if the proposed development is located within the urban service area, the tract proposed for development was part of a tract which existed on february 13, 1990, and the total number of lots/units existing on that parent tract would exceed twenty-five (25) with the approval of the subject residential project.

(b)

The following residential projects located within the urban service area and outside of one-quarter (¼) mile from the system may utilize package treatment plants dedicated to the county:

1.

Residential projects with twenty-five (25) or more lots/units.

2.

Residential projects with less than twenty-five (25) lots/units with a lot size of less than one-half (½) acre.

(4)

Connection criteria for nonresidential projects. No new site plan for any commercial, industrial or institutional establishment shall be approved unless connected to the centralized system, except as provided in subsections (a) or (b) below.

(a)

The following nonresidential projects within the urban service area and outside of one-quarter (¼) mile of the centralized system may utilize septic tanks.

1.

Nonresidential projects which generate less than two thousand (2,000) gallons of domestic wastewater per day.

(b)

The following nonresidential projects within the urban service area and outside of one-quarter (¼) mile of system may utilize package treatment plants.

1.

Nonresidential projects which generate less than two thousand (2,000) gallons of nondomestic wastewater per day if approved by the health department.

2.

Nonresidential projects which generate more than two thousand (2,000) gallons of only domestic wastewater per day and satisfy the requirements of subsection 918.05(1)(f).

Table 3.A.16 and 3.B.19

Water and Wastewater Connection Matrix for a New Development

*Daily flow refers to water consumption or sewer generation.

**The applicant for any development project, where such project will not connect to a centralized system, must sign a developer's agreement with the county utility services department to operate a private system with a commitment to connect to the centralized system when service is available. These agreements shall be conditioned upon demonstration of compliance with applicable federal, state, and local permit requirements. When using a private system or on-site facilities, the developer shall construct a dry line or wet line at the time of construction, if required by the county utility services department. The final determination for the type of nonresidential establishment which can utilize a private system shall be made jointly by the county utility services department, the community development department, and the health department.

System availability: A system is considered available when a collection or distribution line exists in a public easement or right-of-way and the line can be used to provide adequate service to the development being served as determined by the county utility services department.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 19, 9-29-92; Ord. No. 2012-025, §§ 2, 4, 7-10-12)

Editor's note— Section 2 of Ord. No. 2012-025, adopted July 10, 2012, changed the title of § 918.05 from "Water and wastewater requirements for new development" to "Water and wastewater connection requirements for new development."

(1)

Developments with large volume irrigation demand. The developer of a project estimated to have a peak irrigation demand of ten thousand (10,000) gallons or more per day shall construct effluent re-use lines on-site and off-site, as required by the county utility services department, when the development project:

(a)

Lies within the urban service area, and

(b)

Lies within one (1) mile of an effluent re-use line or a facility that is available to supply re-use water to the project, as determined by the county utility services department.

Project irrigation demand shall be estimated by the project engineer using a method approved by the utility services department.

(2)

Residential development. All new residential subdivisions and residential projects of twenty-five (25) or more lots/units located within one-quarter (¼) of a mile of an effluent re-use line that is available to supply re-use water shall connect the project to the re-use line and make re-use water available as a source of irrigation water within the project. Re-use water shall be considered available if the county utilities services department can guarantee that an amount of re-use water sufficient to meet the irrigation needs of the project will be available and if the county utilities services department agrees to incorporate that guarantee into a negotiated agreement between the project developer and the county utility services department. Connections to the re-use system and development of re-use service infrastructure shall be approved through the county utility services department.

(Ord. No. 2012-025, § 5, 7-10-12)

All new development projects shall use effluent re-use water, water from project retention ponds, or other source required by the St. Johns River Water Management District, instead of water from wells, as the primary source of irrigation. Water from a well may be used as a supplemental source of irrigation water for the project, subject to approval of the St. Johns Water Management District. Use of an irrigation well as the primary source of irrigation for a project may be approved by a joint decision of the county utility services director, public works director, and the community development director when it is determined that there is no adequate available primary source of irrigation from effluent re-use water or from a retention pond sized to meet applicable stormwater management requirements.

(Ord. No. 2012-025, § 5, 7-10-12)