§ 94-47.2. System Design and Construction.
Should the Board approve the application for a sanitary sewer line extension, the following steps shall be
The applicant must retain the services of a North Carolina registered professional
engineer to prepare detailed plans and specifications for the proposed extension and the
applicant shall furnish 2 copies of the said plans and specifications to the Henderson
County Utilities Department for review. Said plans shall include both plan and profile
views and clearly identify (by property lines, names of current property owners and deed
book and page references) all properties which shall be affected during construction of
the proposed sewer extension. Each sewer line extension shall be constructed within a
permanent 20 foot wide dedicated permanent easement and within a 40 foot wide
(unless otherwise approved in writing by the Henderson County Utilities Department in
advance of construction) dedicated temporary easement, both issued by the landowner,
and any others with an interest in said property, to Henderson County. Said engineering
plans shall include both said permanent and temporary construction easements.
The design of the proposed wastewater collection system shall be in accordance with
generally accepted engineering standards. The Board may appoint an independent
professional engineer to act as its agent in reviewing the plans and specifications for the
It shall be the applicant's responsibility to obtain all required federal, state and local
permits for the project. All permits shall be in the name of the Cane Creek Water and
Sewer District of Henderson County and, when obtained, transmitted to the Henderson
County Utilities Department.
It shall be the applicant's responsibility to contact the affected landowners and secure the
required easements free, clear and unencumbered, and the attorney's title opinion
addressed to the County that the same is free, clear and unencumbered and to contact any
others with an interest in subject property and to secure any release deeds that may be
required. Said easements shall be on a form approved and provided by the County.
Should the landowner refuse to grant the easement or the others with an interest in
subject property refuse to grant a release deed, the County may intercede on behalf of the
applicant to obtain approval. If the landowner will not execute the easement document
and/or if the others with an interest in subject property will not execute a release deed, the
County may determine that it is in the public's best interest to proceed under
condemnation. All legal, engineering and acquisition expenses (including awards by the
courts) related to obtaining the necessary easements and release deeds shall be the
Once all permits, easements and release deeds have been obtained and accepted by the
County, the applicant may proceed with construction of the approved facilities.
During construction, the applicant's design engineer shall make periodic on-site
inspections to verify proper installation. The County shall retain the right to have its own
designated representative inspect the progress of the work at any time. Once construction
is completed, the design engineer shall certify to the applicant and the County that the
system was installed in accordance with the approved plans and specifications.
Should the applicant wish to deviate from or change the original, permitted design of said
project, the applicant must first obtain written permission for said change or deviation
from the County. Failure to do so may be grounds for the County to reject the installation
and to deny sanitary sewer service.
The applicant shall warranty the facilities constructed for a period of one year from
defective materials and/or workmanship. The effective date shall be the date of
certification by the design engineer.
Once completed and accepted by the County, the applicant shall convey to the County
(by deed) all ownership and control of all or any part, in the County's discretion, of the
facilities installed by the applicant and shall furnish to the County one set of Mylar, two
sets of paper copies, and one electronic copy of the as-built plans.