Agenda - 09-20-2005-9c - Laserfiche WebLink

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~~ Page .3 Agenda Item Abshact D(1) September 6, 2005 such services are to be provided, OWASA will be the responsible utility service provider.. Long-Term Interest Areas are not service areas, and do not include areas outside of Orange County. OWASA's Long-Term Interest Area is hereinafter referred to as OWASA's "interest area." Section III of the Water and Sewer Agreement defines Essential Public Facility as: A publicly-owned facility, or a Facility wholly financed by Federal, State or local government (or a combination thereof) that provides a service for the health, safety and general welfare of County residents (for example, a school, fire station, public safety substation or solid waste convenience center).. Section V. Procedures for Providing Services B. Procedures for the provision of service within the Service Areas and Interest Areas 1 When water and sewer service provision is required to address an adverse public health condition, or to provide service to an essential public facility, the designated provider for the service area or interest area shall have the right of first refusal to provide such service. Section VI Limitations on Service B. Adverse Public Health Conditions 2. The final decision to use any particular means or tool for rectifying any particular adverse public health condition remains, through zoning regulations or other land use ordinances, with the governmental entity or entities having zoning or planning ,jurisdiction over the area where the adverse public health condition exists.. In the Orange County-Chapel Hill-Carrboro Joint Planning Area, the .Joint Development Review Areas shall be used to determine which of the JPA parties shall jointly decide on the appropriate means or tool for rectifying an adverse public health condition.. Public water or public sewer lines extended to provide service to an adverse public health condition or essential public facility cannot be used for' other purposes or other parties, except as provided in Section VLD. D. Controlling Access to Lines In Interest Areas Public water or public sewer lines extended to provide service to an adverse public health condition or essential public facility cannot be used for other purposes or other parties, except to remedy another adverse public health condition. E. Siting of Essential Public Facilities Within Interest Areas The location of some essential public facilities, particularly schools, requires special consideration for access to public water and sewer lines. Where possible, schools shall be sited in a manner that promotes the efficient use of existing water and sewer service. Preferably, a set of criteria governing such situations would be developed based on consultations between the appropriate school boards and the elected officials of affected jurisdictions, and applied as necessary. Publicly- owned facilities other than a public school shall be located in a manner that promotes the orderly provision of water and sewer service. The preferred method 09-06-2005#3