Orange County NC Website
Browse       Search
A <br /> McLENNAN'S FARM SUBDIVISION <br /> PRIVATE WASTE WATER SYSTEM OPERATION AND MAINTENANCE, <br /> Clarification of Intent <br /> The Engineer's Report of October, 1987 proposed that the on-site, pri- <br /> vately-owned wastewater collection and treatment system would be operated <br /> and maintained by a responsible, certified, contractor utility. In view <br /> of Orange County's concerns regarding Homeowner Association responsibility <br /> for private, subdivision wastewater systems, we have prepared the follow- <br /> ing clarification of intent. <br /> Responsibilities <br /> A. Ownership <br /> 1) All comton land (i.e., sewer line corridors and drainfields) <br /> will be owned by the Homeowners Association. <br /> 1 <br /> 2) Each residential property owner will own the septic tank and <br /> pump tank located on the property. <br /> B. System Maintenance <br /> 1) The Homeowners Association will contract with a N.C. licensed <br /> utility contractor for the periodic operation and maintenance <br /> duties associated with the wastewater system. <br /> 2) By covenant, each lot owner shall agree to right-of-access by <br /> the utility operator for purpose of inspection, routine mainte- <br /> nance, emergency service or repair. <br /> 3) The utility contractor shall negotiate a contract with the <br /> Homeowners Association which will include a "Lease in Perpe- <br /> tuity" for all common-lands on which the wastewater system is <br /> located. The "Lease in Perpetuity" shall provide for unre- <br /> strained access to wastewater utility corridors for purposes of <br /> inspection, operation, monitoring and repair. The Lease is <br /> only valid to the utility contractor during the contracted <br /> operations period and may be transferred to an alternative <br /> contractor utility as provided. within the Contractor/Homeowners <br /> Association Agreement for service. <br /> 4) The utility contractor for operations and maintenance would <br /> have full authority to operate and maintain the wastewater <br /> system in accordance with State, County and local ordinances, <br /> without intervention by the Homeowners Association. <br /> 5) The Homeowners Association would be financially responsible for <br /> the annual capital costs for system maintenance and improve- <br /> ' ments. <br /> CRAIG B.MORGAN AND ASSOCIATES,P.A. <br />