§ 37-4. Connection required; extensions and oversizing.

(a)

Connection required.

(1)

Connection to the water system. All new development in the county's water service area that is within the county's urban service area or functional equivalent, as provided for in the Orange County Comprehensive Policy Plan, must connect to the water system in accordance with this chapter.

(2)

Connection to the wastewater system.

a.

All new development in the county's wastewater service area that is within the county's urban service area or functional equivalent, as provided for in the Orange County Comprehensive Policy Plan, must connect to the county wastewater system in accordance with this chapter.

b.

The owners of all properties served by individual on-site sewage disposal systems (OSDS) are required to connect to the wastewater system within three hundred sixty-five (365) days of notification that the wastewater system is available, as defined in article XVII of this chapter. Connection to the wastewater system and proper abandonment of the OSDS shall be completed at the property owner's expense (except as provided in the last clause of the following sentence) and in accordance with all requirements of this chapter and state law. All appropriate fees and charges shall be paid prior to connection in accordance with this chapter, except to the extent that the board in its sole discretion decides to make a contribution and/or waive charges under section 37-5(b)(1).

(3)

Connection to the reclaimed water system.

a.

Reclaimed water use shall be a condition of all development approvals granted, provided that service is available as set forth in this section. For new planned development (PD) projects and/or new development of regional impact (DRI) projects, reclaimed water shall be considered available if the reclaimed water facilities are located at a distance of one thousand three hundred fifty (1,350) feet or less from the development property line within two (2) years after the preliminary subdivision plan or development plan approval for any portion of the PD or DRI, and if adequate capacity exists in the reclaimed water facilities to service the development, as determined by the director. For all other proposed development projects, reclaimed water service shall be considered available if the reclaimed water facilities are located at a distance as specified in Table 1 below within one (1) year after the board approval of the preliminary subdivision plan, and if adequate capacity exists in the reclaimed water facilities to service the applicant's property, as determined by the director.

TABLE 1

Irrigation Demand for the Development (gallons per day)	Maximum Distance from the Development Property Line to the County's Reclaimed Water Facilities (feet)
< 25,000	150
25,000—50,000	300
50,001—100,000	600
> 100,000	1,350

 

b.

The distance in Table 1 shall be measured along a road right-of-way or an accessible utility easement accommodating public utilities.

c.

For proposed developments where boring and jacking of a road will be required to provide reclaimed water service in accordance with the availability criteria in Table 1, such boring and jacking shall be at the county's expense. If the county chooses not to bore and jack the reclaimed water pipe, the reclaimed water service shall be considered not available, even if the distances specified in Table 1 are met.

d.

Notwithstanding the above availability requirements, officially designated affordable housing developments as approved by the board shall be exempt from complying with this article.

e.

Reclaimed water demand for a development shall be calculated based on a minimum irrigation rate of one (1) inch per week for the irrigable area of the property. This irrigation rate equals approximately twenty seven thousand (27,000) gallons per week per acre of irrigable area.

f.

If reclaimed water is not available at completion of construction, the county may supply potable water through the reclaimed water distribution system until such time that reclaimed water is available. Customers being served in this manner will be billed for monthly metered consumption, subject to the applicable potable water rates and policies.

g.

In new developments where reclaimed water is available, the use of potable water for irrigation shall be prohibited.

h.

Connection fee credits. The board recognizes that construction of reclaimed water distribution systems within a residential subdivision will require additional expenditures by the developers of such projects. To offset their cost for constructing reclaimed water distribution systems to provide service to individual residential lots, the county will offer certain connection fee credits to developers constructing reclaimed water distribution systems within residential subdivisions as provided below:

1.

Credits will be offered to only those developments where the applicant designs, permits and constructs reclaimed water distribution systems to provide reclaimed water service to individual residential customers.

2.

Development projects which involve only off-site reclaimed water main extension in accordance with the criteria in Table 1 and do not involve reclaimed water distribution systems are not eligible for any credits.

3.

The county will offer a credit of ten (10) percent of the water connection fees due for each residential lot that receives service from a reclaimed water distribution system constructed by the developer, provided that the water service to the development is being furnished by the county. Credit will be given to the entity paying the connection fees.

4.

The county will offer a credit of ten (10) percent of the wastewater connection fees due for each residential lot that receives service from a reclaimed water distribution system constructed by the developer, provided that the wastewater service to the development is being furnished by the county. Credit will be given to the entity paying the connection fees.

(b)

Disconnection from utility system prohibited. Where development is approved based on receiving water, wastewater and/or reclaimed water service from OCU, disconnection from OCU services is prohibited. Service may be discontinued if a structure is not occupied, but services shall not be disconnected by the owner or owner or occupant of any property.

(c)

Extension beyond required distances; oversizing of facilities. The county may require oversizing of water, wastewater or reclaimed water mains or other facilities or extension of mains beyond the distances required in this chapter to ensure efficient expansion of the utility systems. If such oversizing or extensions are required, the county will enter into an agreement with the developer. The agreement will specify the required oversizing and/or extensions and the reimbursement the county will provide to the developer.

(Ord. No. 2012-08 , § 1, 4-3-12; Ord. No. 2014-28 , § 1, 10-21-14)