Minutes 11-20-2012 - Laserfiche WebLink

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Commissioner Yuhasz: So, if there was a failure, it would be a failure of just one system. Michael Harvey: That's correct. Commissioner Yuhasz: So it's really not the same kind of situations that we faced at Piney Mountain where there was a community system that failed catastrophically and affected many houses. Michael Harvey: Not knowing much about Piney Mountain, I'm sorry for my ignorance. Chair Pelissier: I want to follow up on that too. I think I read in the abstract somewhere that those sites had to have a repair site as well. Michael Harvey: That's a correct statement. Chair Pelissier: So they have to have a repair field, just like any individual system has to have a repair field. Michael Harvey: Correct, and that's also articulated in the Orange County Health Department's memorandum that was entered into the record at the August 27th Quarterly Public Hearing. Commissioner Jacobs: I suppose either the Attorney or the Planning Director or Mr. Harvey could answer this. We specifically do not ask to see a homeowners' association agreement before we approve a development. Why is that? Is that beyond our purview? Did we decide that it's too intrusive? The reason I ask is because we're being assured by the developer that the homeowners' association is going to be diligent in caring for this, but we don't actually get to see what the agreement is. John Roberts: That is a policy I'll defer to the Planning Director on. Michael Harvey: I can answer unless the Director wishes to respond directly. Typically, one of the reasons we don't ask for that documentation is because it's a private agreement. We impose the conditions that actually stipulate or require the physical development of the project. Private homeowner's documents establish local development criteria controlling development consistent with any imposed conditions or county regulations. Typically this has been a staff review. The condition imposed with most subdivisions is that the County Attorney and Planning Director review and approve the homeowners' association document and certify that it complies with all conditions associated with approval of the project. We typically do not ask that it be created ahead of time because we don't know how it's going to be developed, what conditions are going to be imposed, what's going to be included, or the information that's going to be necessary in order to address any concerns expressed at any of the public hearings. Commissioner Jacobs: So, if I may make a comment. There's a lot of discussion in the last session of the legislature about homeowners' associations and what they do and fail to do. One of the reasons that I asked the developer for more information about how the homeowners association was going to deal with this remote septic area was because we do