§ 18-61. Exceptions to use of utility systems.

A.

An exception to the requirements of sections 18-53(a) and 18-60 A.1.c., A.2.c., B.1.a., and B.2. may be granted as follows:

1.

Submission of an application with a $1,000.00 fee to the planning department.

2.

The director of planning shall process the application and provide notice as outlined for zoning approval in chapter 19.1.

3.

In conjunction with the director of utilities, the director of planning shall review the application and make a recommendation to the planning commission. A recommendation for the exception approval may include a recommendation for the imposition of conditions. The recommendation shall consider whether:

a)

The use of a private system will encourage future area development inconsistent with the comprehensive plan; and

b)

The ability to extend public system to other property will be adversely affected.

4.

The planning commission, following a public hearing, shall make a recommendation to the board of supervisors. The commission shall also consider the criteria outlined in A.3. The recommendation for the exception approval may include a recommendation for the imposition of conditions.

5.

The board of supervisors, following a public hearing, may grant the exception. The board shall consider the criteria outlined in A.3. The exception approval may include imposition of conditions.

B.

An exception to the requirements of section 18-60 A.1.a) through c), A.2.a) through c), and B.1.b) may be granted as follows:

1.

Administrative review of exceptions to section 18-60 A.1.a), A.2.a) and B.1.b). Upon submission, the director of utilities shall review the request and make a finding that connecting to the utility system is physically impractical due to:

(i)

Topography,

(ii)

Conflicts with other underground utilities,

(iii)

Capacity limitations, or

(iv)

Other factors which would prevent an extension in accordance with the county water and sewer specifications and procedures manual and other county policies and administrative procedures.

An exception approval may include imposition of conditions.

2.

Administrative review of exceptions to section 18-60 A.1.b) and c), and A.2.b) and c) for an individual dwelling unit or manufactured home. Upon submission, the director of utilities in conjunction with the plans review team as defined in the subdivision ordinance shall review the request and make a finding that:

(i)

Connecting to the utility system is physically impractical due to the factors set forth in subsection B.1.; and

(ii)

The use of a private system will not encourage future area development inconsistent with the comprehensive plan and the ability to extend public system to other property will not be adversely affected.

An exception approval may include imposition of conditions.

3.

Appeal of administrative review. An applicant who is aggrieved by the determination of the director of utilities may appeal the decision to the board of supervisors. The board's decision shall be based upon those findings outlined in B.1. and B.2. The board's decision may include imposition of conditions.

(Code 1978, § 20-63; Ord. of 7-23-97, § 1; Ord. of 11-17-10(1), § 1; Ord. of 3-12-14, § 1; Ord. of 8-26-15(1), § 1; Ord. of 8-24-16(2), § 1)

(Code 1978, § 20-63; Ord. of 7-23-97, § 1; Ord. of 11-17-10(1), § 1; Ord. of 3-12-14, § 1; Ord. of 8-26-15(1), § 1; Ord. of 8-24-16(2), § 1)