§ 34-207. Wastewater.

A central wastewater system shall be provided in all subdivisions within the urban service area or functional equivalent as defined in the county comprehensive policy plan (CPP). This provision may be waived if the conditions given in section 34-207(2) and (3) are met. Except as provided by the CPP, central wastewater systems shall not be provided in the rural service area unless public health or other unusual circumstances exist to warrant an exception by the board of county commissioners.

(1)

The development of new wastewater facilities and mains and the expansion of existing wastewater systems shall be designed by the engineer in accordance with all applicable state and local criteria.

a.

Wastewater systems designed for connection to or inclusion within the county wastewater system shall be in accordance with the Manual of Standards and Specifications for Wastewater and Water Main Construction.

b.

No construction plans for connection to the county system shall be approved until capacity has been obtained subject to ordinances and applicable agreements.

(2)

Lot size requirements for individual on-site sewage disposal systems with central water supply. An OSDS may be allowed if the following criteria are met:

a.

Single-family unit:

1.

Lots greater than or equal to one-third ( 1/3 ) acre (fourteen thousand five hundred twenty (14,520) square feet): OSDS in all areas, subject to suitable soils.

2.

With swale drainage lots greater than or equal to one-fourth (¼) acre (ten thousand eight hundred ninety (10,890) square feet): Where central sewer service is not available OSDS may be permitted subject to suitable soils.

3.

With closed drainage: Four (4) lots per net acre (excluding roads, retention pond tracts, surface water bodies below the normal high water elevation, and jurisdictional wetland areas, but including the unpaved portion of adjacent right-of-way and portion of adjacent retention pond above design high water contour or elevation): Where central sewer service is not available OSDS in all areas, subject to suitable soils.

b.

Duplex through quadraplex: Where central sewer service is not available OSDS in all areas, subject to suitable soils, and further a maximum four (4) dwelling units per acre.

c.

Lakefront lots: Shall have a minimum of one-half (½) acre (twenty-one thousand seven hundred eighty (21,780) square feet) landward of normal high water elevation and jurisdictional wetland area.

d.

Professional office: Only for those uses which discharge domestic sewage waste and do not discharge industrial, hazardous or toxic sewage waste into the sewage system, and OSDS may be permitted where central sewer is not available, subject to suitable soils. Groundwater monitoring may be required.

e.

C-1, C-2 commercial uses defined by Orange County Code, chapter 38, zoning: Central sewer service only. Where central sewer will not be available within one (1) year, OSDS may be permitted only for those uses which discharge domestic sewage waste and do not discharge industrial, hazardous or toxic sewage waste into the sewage system and subject to suitable soils, but groundwater monitoring shall be required.

f.

I-1 through I-5 as well as C-3 uses as defined by Orange County Code, chapter 38, zoning:

1.

No OSDS construction permit shall be issued for any property platted, zoned, rezoned, subdivided or county approved lot split after July 5, 1989.

2.

No OSDS construction permit shall be issued on property zoned or platted prior to July 5, 1989, where a publicly owned sewage system is available. If central sewer will be available within one (1) year from date of application for the building permit, interim OSDS may be permitted only for those uses which discharge domestic sewage waste and do not discharge industrial, hazardous or toxic sewage waste into the sewage system subject to suitable soils. Groundwater monitoring is required.

3.

No occupational license shall be issued for any business utilizing an OSDS until an authorization letter is obtained from both the health department and the county. Such approval for a particular business is not transferable from one (1) location to another.

4.

All applicants for OSDS for property zoned or platted prior to July 5, 1989, shall be required to obtain a system operating permit, renewable annually for the OSDS prior to occupancy. Current users of an OSDS for property zoned prior to July 5, 1989, may be required to obtain an annual system operating permit upon a determination by the county that reasonable cause exists. In reviewing the renewal application, the health department and the county may require the collection and analysis of samples from within and around such systems. Groundwater monitoring is required. If the health department or the county finds that industrial, hazardous or toxic sewage waste has been or is being disposed of through an OSDS, corrective action as determined by the health department or the county shall be required.

g.

Further limits: When it has been determined by the board of county commissioners that an OSDS will result in substantial environmental impact to the subject or abutting property, or will adversely affect the public health, safety and welfare, the board of county commissioners may limit further the density of the development or deny the project until such time as a central sewer system is available. Substantial environmental impact shall be determined by one (1) or more of the following:

1.

Total clearing of on-site vegetation or placement of fill material which results in the substantial destruction of the natural vegetation;

2.

Inability to meet stormwater management criteria set forth in this chapter, or the Site Development Ordinance, chapter 30, article VIII, Orange County Code; and

3.

Contamination of surface water bodies or groundwater.

(3)

Lot size requirements based on private potable well and individual on-site sewage disposal systems. Lot size requirements shall be in accordance with the districts set forth in Orange County Code, chapter 38, zoning, but not less than:

a.

Single-family and duplex residential structure: One-half (½) acres (twenty-one thousand seven hundred eighty (21, 780) square feet). Each unit shall have a separate tank with sufficient unobstructed open area to accommodate all components of the OSDS.

b.

Three (3) or more units residential structure: OSDS not permitted.

c.

Lakefront lots: Shall have a minimum of one-half (½) acre (twenty-one thousand seven hundred eighty (21,780) square feet) landward of the normal high water elevation and jurisdictional wetland areas.

d.

Commercial or industrial structure: OSDS not permitted.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 92-16, § 16, 5-26-92; Ord. No. 94-4, § 1(Exh. A), 2-8-94; Ord. No. 2000-14, § 1, 6-27-00)