§ 5.9. Sanitary sewerage.

(a)

Every subdivision shall have a sanitary sewerage system adequate for the type of development proposed and so related to existing or potential surrounding development as to form a logical part of a coordinated system, minimizing potential sanitary sewerage problems for the general area. Each lot in subdivisions shall be connected with the public sewerage system when reasonably available. If the director of public utilities should determine that public sewerage is not reasonably available, then privately supplied general and/or individual sewerage systems shall be constructed, and shall be designed to facilitate later connection with the public system. Such privately supplied facilities shall be permitted only after approval by the state board of health and the city department of health. All publicly serviced systems provided by the developer shall be offered for dedication to the City of Virginia Beach at no cost to the city, upon completion. The system shall include, but shall not be limited to, the necessary force mains, sewer mains, laterals, lines, pipes, pumping stations and other facilities needed to service the various lots of the proposed development.

All privately supplied general systems shall be offered for dedication to the City of Virginia Beach at such time as public sewerage is determined by the director of public utilities to be reasonably available. All offers of dedication of any system shall be deemed to include all necessary easements and rights-of-way for the maintenance and operation thereof. Such dedications shall be limited to facilities capable of serving more than one customer, plus laterals up to but outside private property lines.

(b)

All sanitary sewerage systems, other then private individual systems, shall be planned and constructed to meet the standards and specifications of the department of public utilities. Developer will, at its expense, have plans and specifications for the system prepared by a professional engineer certified the State of Virginia. Before construction is commenced, all plans and specifications must be reviewed by and have the approval of the department of public utilities. The developer shall notify the city prior to starting of construction so that inspection may be provided. Any work covered prior to inspection may be required to be uncovered at the developer's expense. All construction shall be in accordance with approved plans. No changes shall be made in approved plans without further approval by the department of public utilities. Upon final approval of the system, city will notify the developer in writing when the city will receive sewage originating in the area and will specify the date upon which the developer may discharge sanitary sewage into the city system.

(c)

Individual sewerage systems shall be permitted only when approved by the director of public health, upon findings that the type of system proposed will be effective in the area in which it is proposed to be used, and will not create health hazards on the lot, on adjacent property, or in the form of unlawful pollution of water. The director of public health may prohibit certain types of systems in areas to which they are not adapted, may require the use of other systems, may specify increases in lot sizes above those generally required if necessary to make such systems effective, and may specify the manner in which such systems are to be located or designed to meet the needs of particular sites or areas.

If the director of public health should determine that any land proposed for subdivision should be neither approved nor disapproved for septic tank installation, but instead approved subject to compliance with criteria for septic tank installation in poorly drained soil, then he shall require a land management plan consisting of a location of proposed septic tank or tanks and a proposed drainage plan to be submitted for his approval. Furthermore, he shall require covenants providing for satisfactory construction, repair, maintenance, and operation of the total system at the cost of the landowner. Such covenants are to be executed and recorded prior to his approval of the final plat. Further, in such case, the final plat shall make reference by general note to the conditions of approval and to the deed book and page number of the recorded covenant.

(d)

Where general sewerage systems provided by the developer include pumping stations, where on-site standby power is not provided by the developer, the developer will be required to deposit with the department of public utilities the sum of one thousand one hundred thirty three dollars ($1,133.00) from July 1, 2008 to June 30, 2009, and one thousand six hundred sixty six dollars ($1,666.00) effective July 1, 2009, per pumping station to be used for the purchase of emergency portable equipment.

(e)

Developer shall pay all costs of engineering and inspection, landscaping, data communications, and such other costs as may be involved in the connection to the public sewerage system. Landscaping fees shall be in the sum of one thousand five hundred seventy dollars ($1,570.00) from July 1, 2008 to June 30, 2009, and one thousand six hundred thirty nine dollars ($1,639.00) effective July 1, 2009. Developer shall also pay such connection, line and tap fees as may be specified by city ordinance. No sewerage service shall be furnished by the city to any lot created under this ordinance until all charges are paid; provided, however, that in case of a hardship, temporary use may be made where the method of handling is jointly approved by the director of public utilities and the director of public health and where the developer or lot owner accepts full responsibility and bears the cost of such operation.

(f)

Developer shall furnish a completion bond, with corporate surety or other security, as approved by the city attorney, in an amount as required by the director of public utilities, which bond shall remain and be in full force and effect until final inspection of the system is made and the city accepts such system. No bond shall be required to remain in full force and effect beyond the final inspection if public sewerage will not be available within a reasonable time after completion of the said system.

(g)

Developer will indemnify, keep and hold the city free and harmless from any contractual liability of developer and from all claims on account of injury to developer, lessee, purchaser, or any other person, firm or corporation, arising from or growing out of the design, approval, construction, and/or installation of the said sewerage system.

(h)

Developer will not discharge into the sewerage system any storm water, surface or subsurface water. Also, he will not discharge any waste, effluent or other matter prohibited by any ordinance, rule, or regulation of the city or any other appropriate agency or government having jurisdiction thereof. Developer will not permit under any circumstances the discharge of sewage originating on any other property or premises, either directly or indirectly, into said sewerage system. Developer may, with the approval of the city, agree with owners of adjacent properties to construct joint facilities.

(i)

City shall have the right at any and all times to make, connect, or permit the connection of any other sewer or sewer connections or extensions with the said sewerage system, at any point or points, and shall have the right at any and all times to take and dispose of the sanitary sewage through the said system in the area, from persons beyond and adjacent to said subdivision and originating on other properties. City shall have the further right to make collection charges therefor.

(Ord. No. 643, Ord. No. 681; Ord. No. 734; Ord. No. 735; Ord. No. 826, 11-21-77; Ord. No. 3020, 5-13-08)

Cross reference— Sewers and sewage disposal, Ch. 28; App. H.

(Ord. No. 643, Ord. No. 681; Ord. No. 734; Ord. No. 735; Ord. No. 826, 11-21-77; Ord. No. 3020, 5-13-08)

Cross reference

Sewers and sewage disposal, Ch. 28; App. H.