§ 82-77. Potable water distribution systems within new detached single-family residential developments.

(a)

Scope. This section shall apply to all potable water distribution systems within gated or non-gated detached single-family residential developments connecting to the North Fulton Water System and approved for construction after the effective date of this section.

(b)

Construction and installation. All construction plans for the potable water distribution system shall be approved by the department of water resources. No subdivider of land shall proceed with any construction work on the proposed water system before obtaining the necessary approvals and permits. The water system shall be constructed in accordance with the approved plans and Fulton County standards, including but not limited the following:

(1)

Construction material shall meet Fulton County standards;

(2)

The development shall be constructed in accordance with Fulton County standards; and

(3)

Necessary access and easements shall be granted to Fulton County for the county to inspect, operate and maintain the system.

The department of water resources shall have full authority to inspect, test, accept or reject all water mains laid within the new development, and to withhold water service until the installation is accepted for use by the county.

(c)

Authority to establish minimum standards. The department of water resources shall be authorized to establish and revise minimum standards for the construction, inspection, and assessment of all such potable water distribution systems.

(d)

Ownership and maintenance. Fulton County shall take ownership of and maintain responsibility for the operation and maintenance of all potable water distribution systems within new detached single-family residential developments, whether gated or non-gated within the North Fulton Water Service area.

(e)

Right of entry; easements; special conditions. Where a development is served by private streets, the subdivider shall provide Fulton County with any and all easements, access and special conditions necessary, which shall be established by the department of water resources and included in the final plat and in an owner/development agreement. Under the terms of section 82-52(e) of this article, authorized representatives of Fulton County shall have the right to enter upon the premises where county water is used for any purpose related to the operation and/or maintenance of the potable water system.

(f)

Warranty of installation. Upon receipt of plan approval from the Fulton County Department of Water Resources, the developer shall submit a fully executed copy of the standard "owner/developer agreement," as furnished by Fulton County, for the water main installation. This agreement shall provide that the developer warrants the installation of new mains and appurtenances, including fire hydrants and services from the mains to the water meters for a period of one calendar year from the date of acceptance of the mains by Fulton County. If within that one year, it is determined that the developer's contractor failed to follow Fulton County standards and specifications for construction, or utilized non-specified materials or procedures, the developer shall extend the warranty for an additional four years.

(g)

Authority to execute development agreements. The director of the department of water resources shall be authorized to execute any and all agreements in his or her discretion, as may be necessary for Fulton County ownership, operation and maintenance of proposed potable water distribution systems, subject to approval as to form and substance by the office of the county attorney.

(Res. No. 14-0331, 5-7-14)