Property Development Connection Requirements (Sewer)

Transcription

1 1. Purpose These guidelines apply to developed property and outline: (c) (d) what is a satisfactory point of connection; what works must be provided or funded by applicants; what different development or property types require for connection; and when the connection requirements may be changed. The policy document Property Development Connection Requirements is the basis for these guidelines. 2. Scope This document applies to all property owners and developers who apply for a connection to Sydney Water s sewer system and covers all the land and development that Sydney Water is responsible for. 3. Definitions Accredited supplier: a person or company that has been authorised by Sydney Water to supply a product or service. For this document, that supplier could be a Water Servicing Coordinator, Designer, Constructor or Field Tester. Act: the Sydney Water Act, 1994 and any regulations in force under it. Also known as the Act. Allotment: see Lot. Amplification: works that provide increased size to Sydney Water s system to service a new development. Carriageway: the part of a road or bridge that vehicles travel on, including the shoulders or lanes. Carriageway is also defined as the part of a public road that is between the kerbs. Common property: the part of a strata scheme that is not part of a strata lot. It includes the subsoil, airspace, common garden areas, stairways, lifts and the walls of the strata building. Compliance Certificate: a certificate referred to in Division 9 of the Act. Connection point: the point at which Sydney Water s water or sewer system and the private/ customer service line meet. Consent authority: as specified in Section 69 of the Act. Developer: a person who has been given an approval as defined in Division 9 of the Act. Developer Charges: a contribution towards the cost of systems (eg treatment plants) which serve a development. They are calculated using base charges that are registered with the Independent Pricing and Regulatory Tribunal (IPART). Sydney Water cannot waive or change these charges. Development: any activity relating to land that needs approval as specified in Section 69 of the Act. Dry capped lines: private service lines that are laid and then capped for use in the future. DN: the size of a pipe in millimetres. Easement: a document that sets out the rights of one party to use land owned by another party. Document Controller: Manager, Planning, Reporting & Compliance Page 1 of 13

2 Extension: the construction of pipes and structures that add to the existing water and sewer systems. Guideline: a Sydney Water document that sets out how a Sydney Water policy is applied. Homestead subdivision: a subdivision that creates a lot with an original dwelling on it (also known as a homestead ) and that is separated from the original land parcel. The lot containing that homestead can also be known as a homestead lot. Local road: a road that is under the control of a local council and that has load restrictions or is used by less than 200 commercial vehicles per day in each direction. Lot: a legal parcel of land within a plan registered by the Land Titles Office. Maintenance structure: a structure on a sewer that allows access to the sewer for maintenance. Major road: a state or regional road under the control of the RTA or one that is defined as a major road by the local authority. Management Statement: a document lodged with a community scheme and some strata schemes that sets out the by-laws and other information relating to participation in the development. Mixed development: a development that is made up of more than one type eg. a ground floor shop (or commercial development) with a first floor apartment ( residential development). Notice: the Notice of Requirements that is issued by Sydney Water when a developer applies for a Section 73 (Compliance) Certificate. Operating Licence: a licence issued under the Act that explains how Sydney Water should do its work. Policy: a Sydney Water document that sets out a plan of action for Sydney Water in a distinct area of its business. A Policy is read in conjunction with the related Guideline. Priority Sewerage Program (PSP): Sydney Water s program for improving sewerage services to unsewered areas. Private service line (Sewer): a pipe that carries sewage from the (private) property to the reticulation main. This is also known as a house service line or customer drain line. Property connection sewer: a short sewer owned by Sydney Water which joins the main sewer and the private service line. It includes a junction on the main sewer, a property connection fitting and possibly a vertical riser. Public open space: a national park, state recreation area, regional park, historic site or nature reserve that falls under the National Parks and Wildlife Act 1974; or a public reserve that falls under the Local Government Act 1993, or a common that falls under the Commons Management Act Public road: any road that is called a public road under the Roads Act 1993 or any other Act or law. Recovery: the process of charging developer applicants for part of the construction of works by either Sydney Water or a previous developer. Reticulation mains (sewer): sewer mains of DN 150, 225 and 300 used to carry sewage from individual properties to branch and trunk sewers or to a point of treatment. Document Controller: Manager, Planning, Reporting & Compliance Page 2 of 13

3 Right of Carriageway (ROC): as defined by the Conveyancing Act Right of Footway (ROF): as defined by the Conveyancing Act Right of Way (ROW): a ROW has a similar meaning to a ROC or a ROF but it is not defined by the Conveyancing Act The applicant decides the terms of an ROW. Rodding point: see terminal maintenance shaft. Rural: land with a rural zoning. Section 73 Certificate: a compliance certificate referred to in Division 9 of the Act. Section 88B Instrument: a document that is lodged with a plan and that creates easements, restrictions on the use of land and positive covenants when the plan is registered. Section 88B instruments are covered by the Conveyancing Act Sewer main: a pipe owned by Sydney Water that is used to carry sewage. Subdivision: the division of land into parts for separate occupation and/or sale. Sydney Water: the Sydney Water Corporation constituted by the Act. Terminal maintenance shaft: a structure at the end of a reticulation sewer that allows inspection and maintenance equipment to be inserted. Trunk main: a sewer main used for bulk transfer that is, usually, greater than or equal to DN 375 and not available for connection. Upsize: to increase the size of a pipe. Urban: land with an urban zoning. Water Servicing Coordinator (Coordinator): an accredited supplier who is contracted to act between Sydney Water and a developer or applicant. Works: as specified in Sections 3 (2) and 69 of the Act. 4. Guidelines 4.1 General requirements: The four types of sewer connection applicant are: (c) (d) Developer; Priority Sewerage Program (PSP); Extension (New Connection); or Extension (Re- connection). These are defined in the guidelines document Property Development Connection Applications. When someone applies for a connection to our system, Sydney Water checks to see if there is already a satisfactory point of connection. A satisfactory point of connection is defined by the Sewerage Code of Australia WSA 02 (Sydney Water Edition) and these guidelines. Document Controller: Manager, Planning, Reporting & Compliance Page 3 of 13

4 Direct connections to the sewer system are only allowed on reticulation mains. These are the DN 150, 225 and 300 mains. Sydney Water can also give permission for connections into Maintenance Structures over larger pipes. If we discover that a development does not already have a satisfactory point of connection, the applicant has to provide that point by extending the system. How these extensions are funded is explained below and in the guidelines document Property Development Connection Applications. The extensions of the sewer system have to meet the standards in the Sewerage Code. Work has to be designed and constructed by Sydney Water accredited suppliers. These suppliers must work within the approved safety, environmental and quality systems. The next section provides more detail on our requirements. Section 4.4 outlines our requirements for each type of development. Finally, Sydney Water understands that sometimes the basic requirements are not always practical and they may, in some cases, be changed. Section 4.5 lists some situations where changes may be approved. 4.2 Specific requirements Any development has to have a point of connection for each lot at least one metre inside the lot s boundaries. This is to avoid any disputes over the connection with other landowners. The sewer connection has to be the right size and has to be able to provide maximum gravity drainage of the allotment. If there is no standard connection point available that can provide gravity drainage, then the applicant has to construct an extension and pay for it. If the sewer is not the right size or is not available for connection (eg the main may be a large branch or a trunk main) then we may ask for an amplification, an extension or some other requirement. We will only allow a property to pump up to the existing sewer if we think a gravity connection costs too much. We decide this based on 2 quotes from the applicant and compare them to the cost of a standard connection to a similar lot. The pumping arrangement is the responsibility of the property owner and Sydney Water is only responsible for the receiving sewer and the connection point. If the Sydney Water receiving sewer and connection point is not inside the lot boundaries, the applicant has to build an extension to provide that point of pump connection inside the property Lead- outs If Sydney Water thinks that it may need to service an adjoining development in the future, it will also ask the applicant to extend the sewer so it ends one metre past the far boundary of the current development. The applicant will have to pay for this extension. We may also ask this of developments that need deviation or adjustment works. If an applicant can show that the adjoining land is not likely to be developed in the future or if the owners are refusing entry to the land, we will consider changing this requirement. Document Controller: Manager, Planning, Reporting & Compliance Page 4 of 13

5 The idea of the lead out requirement is to make sure that the lots and streetscape that have already been developed do not have to be dug up so that the sewer can be extended Lead-ins Developments may also require reticulation main lead-ins. Generally, what will be needed is the design and construction of sewer mains fronting or crossing undeveloped land between the applicant s development and Sydney Water s system. The applicant has to pay for the lead-in and must bear in mind the layout any future development of that undeveloped land may take. In some cases, there will also be associated major works. The lead-in requirement helps to make sure that development is orderly and efficient. It may also save the public from having to pay additional costs for extra sewers that are not currently needed. 4.3 Paying for the works Who pays for Priority Sewerage Program and Extension (New Connection) works is explained in the guidelines document Property Development Connection Applications. Extension (Reconnection) applicants have to pay for all new connection works. Developer applicants (developers) have to pay for and construct: (c) (d) the minimum size works necessary; and any sewer lead-out needed under section (see Note 3 below); and reticulation mains that Sydney Water thinks needs to be increased in size so that we can service other potential users (see Note 4 below); and reticulation main lead-ins needed under section as well as any associated major works (see Note 5 below). Notes: 1. Sydney Water s Operating Licence gives us the power to require Extension (New Connection) and Extension (Reconnection) applicants to meet conditions of connection. (Clause ) 2. The Sydney Water Act 1994 gives us the power to require developer applicants to meet conditions of connection. (Division 9 sections 69-79). 3. Sydney Water refunds the original developer for the sewer lead-out costs. This is done when the later developments go ahead. The costs are charged to the later developers at the original cost (plus the Consumer Price Index) and Sydney Water then passes the refund on. That charge is shown as a Reticulation Recovery charge in our Notice to the later developer. This process (and that process mentioned in notes 5 and 6 below) is covered by the policy and guidelines documents Recovering Monies Paid for Constructing Mains. 4. Sydney Water reimburses the developer for increasing the size of the system, after making sure that the cost is reasonable. It then asks all developers who benefit from the upsizing to pay the Document Controller: Manager, Planning, Reporting & Compliance Page 5 of 13

6 same reticulation upsizing recovery charge when they pay Developer Charges (see item 7 below). 5. Sydney Water refunds the original developer for sewer lead-in costs. This is done when the costs are charged to later developers at the original cost (plus Consumer Price Index) and Sydney Water then passes the refund on. Sydney Water decides the charges which are based on the benefit to the developers when the later development goes ahead. 6. Sometimes, an Extension (New Connection) or Extension (Reconnection) applicant may connect to lead-in or lead-out works provided by a developer. Sydney Water has no power to charge that applicant for the cost of those works and then refund the original developer. 7. Developers may have to meet other requirements including Developer Charges. See Sydney Water s policy and guidelines documents Developer Charges. 4.4 Property/ Development types and connection requirements Different types of development and different locations can affect how a sewer connection is made. Sydney Water s servicing requirements for each type of development follows: Torrens Title subdivisions and subdivisions for lease purposes Torrens Title subdivisions and leases that effectively subdivide land for at least 5 years are covered by section 4.2. However, the requirements may be changed in some circumstances (see section 4.5) Dual occupancy development Sydney Water s policy is explained in the document Servicing Dual Occupancy and Other Two- Dwelling Developments and it is summarised below: Unsubdivided dual occupancy development There must be a point of connection to a sewer main (see section 4.2). Note: An applicant may choose to have two connections. They must construct any new reticulation main that is needed. Developers pay Developer Charges (see and ) Strata, Stratum and Community Title subdivided dual occupancy The applicant has the choice between a single point of connection for the whole development with a joint private service for the two lots OR a single point of connection for each lot with independent private services. Applicants must pay Developer Charges whatever option is selected Torrens Title subdivided dual occupancy This is covered by section 4.2. Section 4.5 explains circumstances where the requirement may be changed. Developers must pay Developer Charges. Document Controller: Manager, Planning, Reporting & Compliance Page 6 of 13

7 4.4.3 Strata Title subdivisions (excluding dual occupancies) The requirement is for a point of connection (as explained in section 4.2) to the total property that is being strata subdivided Stratum Title subdivisions (excluding dual occupancies) Note: This type of development is used to subdivide a building into lots. Unlike Strata Title subdivisions, there is no common property. The Building Management Statement and Easement for Services are the documents that define the rights and responsibilities of each lot owner. The requirements are: a point of connection (as explained in section 4.2) to the total property that is being stratum subdivided; and the section on shared costs or shared facilities in the Building Management Statement must cover (water usage and) sewer charges for the building; and (c) the Easement for Services document must explain how the private sewer will be well maintained Community Title subdivisions (excluding Dual Occupancies) Sydney Water s policy is explained in the document Community Title Subdivisions and is summarised below. The minimum requirements are those given in section 4.2. The applicant has two options either: 1. extend Sydney Water s existing sewer main to provide a point of connection for each lot; or 2. construct private sewer service lines to provide a point of connection for each lot. If a Sydney Water reticulation main is needed for extensions to other properties outside of the development, then the applicant must choose option 1. Option 2 is subject to the following conditions that are usually explained in the Notice to the applicant: (c) (d) (e) private services must at least meet the National Plumbing Code standards. A private sewer pumping station will only be allowed if the station discharge meets Sydney Water requirements; Sydney Water makes no representation that the applicant s private sewer services are suitable; If, at some stage, the applicant or a future owner wants a Sydney Water extension to replace the private services, then the extension has to be constructed and paid for by the applicant; Sydney Water will not usually maintain the private services; and the applicant is encouraged to tell the buyers of the lots about the private service and its implications Company Title subdivisions The requirement is for a point of connection to a sewer main (see section 4.2). Document Controller: Manager, Planning, Reporting & Compliance Page 7 of 13

8 4.4.7 Residential, industrial and commercial development All residential (except dual occupancy), industrial and commercial development involving new buildings and change of use, are covered by section 4.2. Note: New buildings also includes cases where the existing shell of the building is kept and the rest is totally re-built Mixed developments The requirements are given in section Subdivisions excising a lot containing a dwelling Some subdivisions create a lot that has an original dwelling on it and that lot is cut from the original land parcel. These are often referred to as homestead subdivisions. Sydney Water has the following requirements for this type of subdivision: Urban The subdivision has to meet the requirements set out in section 4.2. However, if the lot is not close to existing services, it may be possible to defer the works until the rest of the land or other land adjacent to the lot is developed. If the work is deferred, the applicant may need to provide a bond until the work is completed Rural The subdivision has to meet the requirements set out in section 4.2. However, if the lot is not close to existing services, Sydney Water may decide that: the works can be deferred until the rest of the land or other adjacent land is developed. If the work is deferred, the applicant may need to provide a bond until the work is completed; or there are no requirements because the development is beyond the limits of supply, see section Subdivisions creating residual lots & facilitating subdivision Some subdivisions may create lots that can be subdivided even further. This kind of subdivision is sometimes called a facilitating subdivision and the potential lots are sometimes called residual lots. All of the lots (including the residual lots) have to meet the requirements set out in section 4.2. However, sometimes the residual lots can only be developed after further consent is given. If this happens it may be possible to defer the works for the residual lots. If the works are deferred, then the developer s Section 73 Compliance Certificate will tell the consent authority of the deferral and ask them to refer the developer for another Certificate when the residual lots are developed. Document Controller: Manager, Planning, Reporting & Compliance Page 8 of 13

9 Development within areas of restricted water supply The policy document Rural Water Supply explains the conditions that may be placed on development in areas where the supply is restricted or where connection to the system may be limited Land created by the closure of public roadways Sometimes when roads are closed (under Part 4 Division 1 of the Roads Act, 1993), new land is created. The development of this new land has to meet the requirements outlined in section 4.2. Note: The closure of roads under Sections 115, 116 and 117 or Part 10 Division 2 of that Act does not usually create land that is capable of being developed. The connection requirements do not apply to this land unless the applicant asks for a connection Subdivisions creating lots that will not make demands for services Some subdivisions create lots that will not make demands for sewer services. The requirements of section 4.2 do not apply to these lots unless the applicant asks for a connection. 4.5 Circumstances that may affect connection requirements Sydney Water understands that sometimes the requirements set out in section 4.2 may not always be practical. This section lists some situations where Sydney Water will approve changes to those requirements Development beyond the limits of supply Any development that Sydney Water believes is outside of the limits of supply does not usually need to meet the requirements of section 4.2. However, if a property owner applies for an extension, then the application has to be processed using Sydney Water s guidelines document Property Development Connections Applications. If a property owner is not a Priority Sewerage Program applicant, Sydney Water may decide either: the extension is not financially feasible and cannot be supplied; or the extension is feasible. In that case, Sydney Water works out the cost and the applicant has to pay their share before construction begins Subdivisions creating lots without direct street frontage Right of Carriageway (ROC) Right of Footway (ROF) Right of Way (ROW): Lots without a street frontage must have a point of connection as set out in section 4.2. However, sometimes a point of connection may be constructed that makes use of a Right of Carriageway (ROC) a Right of Footway (ROF) or a Right of Way (ROW). The point of connection must be located one metre inside the ROC/ROF/ROW and the separate private lines located within that ROC/ROF/ROW (see section for exceptions). The ROC/ROF/ROW must be covered by an Easement for Services. Document Controller: Manager, Planning, Reporting & Compliance Page 9 of 13

10 If the connection is made using an ROC/ROF/ROW, there must not be more than two private service lines. This is to allow space for construction and maintenance. The lines must adequately drain the proposed lots and they have to be constructed by the applicant. If houses have not yet been built, the lines can be constructed as dry capped lines Development where the existing sewer is within a public road Sometimes the existing sewer is within a public road directly fronting the development. In this case, the development has to meet the requirements in section 4.2. However, Sydney Water understands that this may not always be practical due to: (c) (d) (e) (f) Buildings (including basements) located boundary to boundary; Utility services; Site conditions e.g. Geotechnical conditions, obstructions; Restricted access e.g. Traffic volumes; pavements; Future operational/ maintenance constraints; or Other reasons based on the planning and design parameters set down in the Sewerage Code of Australia. If the applicant s listed Water Servicing Coordinator can supply a plan or supporting documents that prove the requirements are not practical (for one or more of the reasons on the list depending on the situation), Sydney Water will allow the following changes. An officer may be sent to the site to check the applicant s claims Existing sewer in a local road If the existing sewer is in a local road, then a sewer to serve each lot must be extended to about one metre behind the kerb line. The extension must have a rodding point or terminal maintenance shaft. The applicant must construct property connection sewers or property connection sewers with junctions to provide points of connection behind the kerb for all lots so future private service lines do not cross any other lot. The existing junction(s) must be sealed if required and any private service lines that cross another lot have to be removed. This requirement helps the property owner. Extension costs for the applicant are kept to a minimum because we do not ask for a connection point within the property. The applicant also does not have to pay the high costs involved in digging up and restoring the road Existing sewer within a major road If the existing sewer connection point is located in a major road or a central business district such as Sydney, Parramatta or North Sydney, Sydney Water may decide that the applicant may keep the connection point and the existing private line. Sydney Water will make the decision provided that we believe the thoroughfare is a major road and we approve the reuse. The reuse must meet the requirement described in section (ii). Document Controller: Manager, Planning, Reporting & Compliance Page 10 of 13

11 This requirement recognises that, when road access is extremely difficult, it is more practical to retain the existing lines Existing sewer within a laneway Note: A laneway is considered to be a rear or side lane that gives access to parking on lots with street frontage or a short connection between streets or places that is used by service and emergency vehicles. If the existing connection point is in a laneway, the applicant must extend the sewer as set out in 4.2. The extension must be one metre behind the kerb line with rodding point or terminal maintenance shaft. Alternatively: If there is no kerb, the sewer has to be extended to within the property. This is unless the development plans show that the proposed building will be directly on the property line fronting the laneway or the existing retained building is built to the boundary; or if the footway is less than 600mm wide the developer may keep the connection point and the existing private line in the public road PROVIDED: (i) Sydney Water believes that the laneway is a low traffic thoroughfare; and (ii) The existing connection point and private service line are inspected and, if necessary, altered to meet the National Plumbing Code and Sydney Water standards. To do this, the applicant will need a Closed Circuit Television (CCTV) inspection and report. Any alterations such as lining or robotic repair may have to be completed Development where the existing sewer is within public open space If the existing sewer is within public open space, then extension(s) to one metre inside the property boundary must be provided for any new vacant lot or new lot with an existing dwelling/building. These extensions must meet the requirements set out in section 4.2. This requirement is to give the property owner a first class service that also meets our standards. It makes sure that the property owner is no longer responsible for maintaining private service lines that cross public open space Development served by private lines proposed to be covered by easements Sometimes Sydney Water may allow an easement over a private sewer service line instead of a connection. We may allow the creation of an easement if the following conditions are met: (c) (d) There must be NO chance we will need to extend the Sydney Water reticulation main off the line; AND Sydney Water must not want to take over the existing lines or to accept a new reticulation main extension; AND It costs too much to relay the existing line or lay a new line because of the location, terrain, obstructions or restricted access; AND Any new line is located so that it causes the least problems for the property; AND Document Controller: Manager, Planning, Reporting & Compliance Page 11 of 13

12 (e) A Right of Carriageway (ROC) or a Right of Footway (ROF) or a Right of Way (ROW) must also exist or be created. This is to allow access for maintenance. The requirement for an ROC/ROF/ROW may be relaxed in exceptional circumstances, eg where there is a boundaryto-boundary building development. Note: A connection via a private sewer service line that benefits more than one property (also known as a joint private service line) is not allowed because of the difficulties with the maintenance of that line. Also, this service does not meet the standards set down in the Sewerage Code. Sydney Water will make its final decision based on the above criteria. For criteria (c), the applicant must provide 2 quotes so a comparison can be made to the cost of a standard connection to a similar lot. The terms and conditions for the easement must be in the Section 88B Instrument created by the applicant during subdivision and must meet Sydney Water s documentation standards (see Documentation Standards for Easements Over Private Service Lines Policy & Guidelines). Sydney Water must not be referred to as the beneficiary. However, the terms and conditions must state that Sydney Water must give its written consent if the easement is to be released or changed in any way Subdivisions creating encroaching private lines If a subdivision creates lots that are crossed by an existing private sewer line for the existing development then the line or the parts of that line that cross the lots must be removed. The reasons for this are given in section Existing development, redevelopment and encroaching private lines There are a large number of properties, usually in older areas, where existing private sewer lines cross adjoining properties to reach a connection point. These lines include joint private service lines. If the property owners want to fix this, they have to apply for an Extension (Re-Connection) and pay for the changes (see section 4.3). This includes redevelopment whether or not a Section 73 Certificate is needed, for example a dwelling knocked down then rebuilt. Alternatively, as the lines are private, any disputes over access and maintenance must be resolved between the private parties. The Access to Neighbouring Lands Act, 2000 may help if there is a dispute. 5. Responsibility Manager, Development Operations 6. Legislative Context Sydney Water Act 1994 Environmental Planning & Assessment Act 1979 Sydney Water Corporation Operating Licence Sydney Water Customer Contract Access to Neighbouring Lands Act 2000 Document Controller: Manager, Planning, Reporting & Compliance Page 12 of 13

13 7. Associated Documents Property Development Connection Requirements (Policy) Property Development Connection Applications (Guidelines) Servicing Dual Occupancy and Other Two-dwelling Development (Guidelines) Community Title Subdivisions (Policy) Developer Charges (Policy and Guidelines) Encroaching Private Service Lines (Policy) Feasibility Applications for a Development Proposal (Guidelines) Documentation Standards for Easements Over Private Service Lines (Policy and Guidelines) Recovering Monies Paid for Constructing Works (Policy) Rural Water Supply (Policy) 8. Effective Date Unless otherwise noted, these guidelines are effective from and including the date of approval. 9. Endorsement and Approval Effective Date: 1 August 2006 Review Date: June 2008 File No: 2006/05123F Prepared by: Bruce Hansard, Senior Development Services Representative Endorsed by: Name: Paul Saxby Signature: P. Saxby (sgd) Position: Manager, Developer Asset Services Name: Steve Purcell Signature: S. Purcell (sgd) Position: Manager, Asset Integrity Services Guidelines approved by: Name: John Ethell Signature: John Ethell (sgd) Position: Manager, Development Operations Date: 7/7/06 Document Controller: Manager, Planning, Reporting & Compliance Page 13 of 13