Approval of water supply and sewage disposal plants by county or state agencies having jurisdiction of such facilities over the land to be developed will be required before the issuance of use or building permits. The provisions of this Article also apply to changes of use that are proposed for existing sites.

12-10-1

Utility Requirements.

(A)

Plan Approval Required. Approval of water supply and sewage disposal plans by appropriate state or local agency must be obtained before issuance of any use or building permit.

(B)

Required Connection to Approved Public or Community Water and Wastewater Systems.

(1)

Any residential use with an overall gross density of more than 1.45 dwelling units per acre must have available to each proposed dwelling unit a connection with a County- and/or State-approved public water system (as defined in NCGS 130A-313).

(2)

Any residential use with an overall gross density of more than 2.17 dwelling units per acre must have available to each proposed dwelling unit a connection with a County- or State-approved public or community wastewater system (as defined in NCGS 130A-334).

12-11-1

General.

(A)

Water. All nonresidential subdivisions and all regular residential subdivisions with an overall gross density of more than 1.45 dwelling units per acre must have available to each proposed lot a connection with a county- or state-approved public water system, as defined in NCGS 130A-313.

(B)

Wastewater. All nonresidential subdivisions and all regular residential subdivisions with an overall gross density of more than 2.17 dwelling units per acre must have available to each proposed lot a connection with a county- or state-approved public or community wastewater system, as defined in NCGS 130A-334.

(C)

Required Connections to Municipal Systems. These standards are intended to implement the county's Municipal Transition Standards.

(1)

Regular Subdivisions and New Non-Residential Developments are required to connect to municipal water or municipal wastewater systems if any part of land proposed for development is located within 2,500 feet of an existing municipal water or wastewater system as measured along the probable route of the service line. This connection distance calculation applies independently to water and wastewater systems.

(2)

Regular Subdivisions and New Non-Residential Developments located within areas designated as Community or Walkable Center on the County's Development Framework Map, regardless of the distance to an existing municipal water or wastewater system, are required to contact the jurisdictional municipality regarding a potential utility connection. The applicant must provide documentation from the jurisdictional municipality to the County. Documentation should include the following items that inform the County's decision whether to require connection to the municipal utility:

(a)

Disposition of the municipality to serve the property;

(b)

The planned timing of municipal utility expansion to the proposed property;

(c)

Any engineering or construction concerns with serving the property;

(d)

Any other proposals in the area that might impact utility expansion.

Based on the information provided, the Planning Director can require Regular Subdivisions and New Non-Residential Developments to connect to municipal water or municipal wastewater systems.

(3)

The Planning Director is authorized to waive the connection to municipal water and wastewater systems if one or more of the following is determined:

(a)

The municipality and/or utility provider can not serve the development;

(b)

Environmental or physical conditions make such connections infeasible (e.g., topography or intervening development patterns);

(c)

Financial impact (e.g. no density gained when only municipal water is available);

(d)

Legal conditions that make such connections infeasible;

(e)

The property will not be served by municipal utilities within two years.

When such waivers are approved, the Planning Director is authorized to require that subdivisions install another form of approved community water and wastewater system and/or provide easements to facilitate the future installation of water and wastewater systems.

(4)

This section does not apply to New Non-Residential Developments that do not require water or wastewater to operate.

12-11-2

Public Systems.

(A)

If a water or wastewater system is to be installed in or extended to a development within the county's jurisdiction, but the system is to be assumed and maintained by a municipality, an adjacent county, a water and/or sewer district, or a water and/or sewer authority, a complete set of construction plans must be provided to the Planning Department and the Department of Health and Human Services.

(B)

The plans must be prepared by a licensed professional engineer in the state of North Carolina and must meet the utility system requirements of the municipality, adjacent county, water and/or sewer district, or water and/or sewer authority and the system must be permitted by the North Carolina Department of Environment and Natural Resources, Division of Water Quality or Division of Environmental Health and/or Wake County's Department of Health and Human Services or their successor agencies, whichever has jurisdiction.

(C)

The plans must be approved by the Planning Director and the Director of Health and Human Services after being reviewed and recommended for approval by the licensed professional engineer representing the municipality, adjacent county, water and/or sewer district, or water and/or sewer authority that is designated to own and maintain the system.

(D)

Installation of the system in accordance with the approved plan must be certified to the Planning Director and the Director of Health and Human Services and the municipality, adjacent county, water and/or sewer district, or water and/or sewer authority by the licensed professional engineer representing the developer or owner. The engineer must provide sealed, as-built plans and location maps for all valves and hydrant locations to the Planning Department and the Department of Health and Human Services, and to the municipality, adjacent county, water and/or sewer district, or water and/or sewer authority and the permitting agency upon completion of the project.

(E)

Municipal water/wastewater systems may not be extended into Rural (as designated on the Comprehensive Plan Development Framework Map) Area Water Supply Watersheds except when deemed necessary by the Planning Director or Planning Commission to provide water or wastewater service when on-site systems (e.g., wells, septic systems) have failed.

(F)

All extensions of an adjacent county, water and/or sewer district or water and/or sewer authority, or the sale of "bulk water" by a public utility must be approved by the Board of Commissioners. These extensions may only be approved through a planned water and/or sewer interlocal extension agreement, which is identified by an approved Service Boundary Map by Wake County, the applicable municipality, and the service provider's governing body.

(G)

Wake County will allow an extension if it finds after a public meeting that all of the following conditions are met:

(1)

The residents of the area will benefit from the extension of the services.

(2)

The extension of the service is consistent with the Wake County Comprehensive Plan, unless the extension is necessary to replace a failing water or wastewater system that constitutes a public health threat, as described in 12-11-2(E).

(3)

There is an interlocal agreement that includes the future ownership and maintenance of the provided services, between the service provider and the relevant municipality for the extension of services (water and sewer).

(4)

There is not an adopted plan to provide water and/or sewer services to the proposed area by the relevant municipality within the next five years. If an adopted plan already exists, then that plan must first be amended before allowing the proposed water and/or sewer extension.

(H)

The extension of a municipal water or sewer system within another municipality's Transition Area is allowed, provided that each municipality's governing boards have approved an interlocal agreement (including provisions for future ownership and maintenance) for those extensions.

(I)

The extension of adjacent county, water and/or sewer district or water and/or sewer authority within Wake County Planning Jurisdiction must be designed and constructed in accordance with the applicable municipal standards. If no municipal standard exist, water and sewer systems must be designed and constructed in accordance with those standards established in 12-11-3(B) and 12-11-3(C).

[Amended on 11/21/2022 by OA-02-22]

12-11-3

Community Systems.

(A)

Sewage treatment ponds that are utilized as the primary means of wastewater treatment and the irrigation of wastewater that does not meet the standards set forth for reclaimed water in 15A NCAC 02H 0219(k) of the North Carolina Administrative Code are prohibited because of the potential public health threat posed by direct human contact.

(B)

If a water or wastewater system is to be owned and operated by a public utility, including a franchised utility, or is to serve a condominium or other multiple-ownership development where the system will be under common or joint control, the plans must be prepared by a licensed professional engineer licensed in North Carolina and be approved as follows:

(1)

Water or wastewater systems in all developments must be approved by the North Carolina Department of Environment and Natural Resources and/or Wake County Department of Health and Human Services, or their successor agencies, whichever has jurisdiction. If required for application review under 143-215.1(c) of the North Carolina General Statutes, the Planning Director must indicate whether the proposed facility is consistent with this ordinance. Installation of the system in accordance with the approved plan must be certified to the Planning Director by the licensed professional engineer retained by the developer (utility provider) or owner.

(2)

Wake County community water systems must meet all applicable state and county standards, and must be approved per 15A NCAC Subchapter 18C Water Supplies. Private or semi-public wells are regulated and must be approved per the Department of Health and Human Services Regulations Governing Well Construction and Groundwater Protection in Wake County.

(C)

Sewage systems must be approved by the North Carolina Department of Environment and Natural Resources, Division of Environmental Health or Division of Water Quality, and/or Wake County Department of Health and Human Services or their successor agencies. Community sewage systems that utilize irrigation must treat wastewater to reuse water standards specified in 15A NCAC 02H.0219(k) of the North Carolina Administrative Code. Application of reuse water is prohibited within riparian buffers as defined and limited in 15A NCAC 2B.0233 of the North Carolina Administrative Code and water supply watershed buffers as defined and limited in Article 11, Part 2 (Water Supply Watershed Buffers) and Sec. 11-22-2(M) of this ordinance.

(D)

Community water and wastewater systems must be owned and operated by an approved public or franchised utility or an incorporated owners association with an approved management entity. When required by 15A NCAC 18A.1937(h) of the North Carolina Administrative Code, a tri-party agreement between the developer (utility provider), property owners association and Wake County Department of Health and Human Services must be properly executed and filed with Wake County Register of Deeds.

(E)

The developer (utility provider) must provide a long-term maintenance agreement and ensure that a utility management firm will be retained under contract in perpetuity. An irrevocable, perpetual bond must also be provided by the developer (utility provider). Maintenance agreements and bonds are subject to review and approval of Wake County Department of Health and Human Services and the Wake County Attorney's office.

12-11-4

On-Site Sewage Disposal Systems.

(A)

If sewage disposal for one or more lots is proposed to be provided by an on-site sewage disposal system, each such lot, before the record plat creating it is approved, must have been either:

(1)

Certified by a licensed soil scientist as meeting the minimum lot requirements or alternative requirements for installation of sewage treatment and disposal systems set forth in Sections V and VI of the Regulations Governing Sewage Treatment and Disposal Systems in Wake County adopted by the Wake County Human Services Board; or

(2)

Issued an Improvement Permit in accordance with the Regulations Governing Sewage Treatment and Disposal Systems in Wake County adopted by the Wake County Board of Human Services provided that the provisions of this paragraph may be used for no more than three lots that are less than ten acres in area.

(B)

The entire on-site sewage disposal system must be located on property owned or controlled by the person who owns the building or use served by the system. If an off-site sewage disposal easement is proposed to accommodate any system components, the easement must be contiguous with the boundaries of the lot being served. For the purposes of this section, the term "contiguous" must be construed to prohibit narrow strips of land or irregularly shaped parcels or easements that are designed to connect a lot's buildable area with a distant area containing usable soil areas needed to service development on that lot. This prohibition does not apply to:

(1)

Easements substantiated by the licensed soil scientist [certifying the property in accordance with Sec. 12-11-4(A)] as the only reasonable alternative for wastewater disposal and reviewed by the Director of Health and Human Services. The licensed soil scientist must also substantiate that adequate provisions for continued management, operation and maintenance, along with any permit conditions for the sewage disposal system can be met by the person who owns the system; or

(2)

Replacement wastewater disposal areas designed specifically for repair of an existing sewage disposal system when the Director of Health and Human Services determines that no other reasonable alternative exists.

(3)

All off-site easements must comply with administrative procedures associated with Sec. 12-11-4(A) and all requirements specified in 15A NCAC 18A.1938(i) of the North Carolina Administrative Code and applicable Wake County wastewater and sewage treatment/disposal regulations.

[OA 04/12 April 4, 2005; OA 04/15 September 19, 2005; Amended on 1/22/2008 by OA 04-07; Amended on 12/06/2021 by OA 02-21; Amended on 11/18/2024 by OA-01-24]