Petition Process for Sanitary Sewers

Link:  This information is available in chapter 25 of the Stark County Metropolitan Sewer District Rules and Regulations available here.

Introduction

Within parameters set forth in the Ohio Revised Code, the Board of Stark County Commissioners (SCC) is authorized to construct sanitary sewers where it finds that they are necessary to preserve and promote the public health and welfare. In order to properly evaluate the necessity for a specific project, the current state of public health and welfare, and the public interest in a specific project, there is hereby created a petition process for the purpose of invoking the Board’s consideration of the necessity of the project petitioned for.

Petition Initiation (Phase I)

The boundary of the service area of the Stark County Metropolitan Sewer District, as prescribed in the State of Ohio’s 208 Clean Water Plan, is not co-terminus with the boundary of the District. No petition for a sanitary sewer project located outside of the service area will be considered until that territory is added to the service area by resolution of the Board. No petition for sanitary sewer located, in whole or in part, inside a municipal corporation will be considered until such consideration is requested by resolution or ordinance of the municipality’s legislative body.

Upon request by a person or persons interested in obtaining sanitary sewer service, the Sanitary Engineer will undertake to analyze the property and neighboring territory to determine the feasibility of the requested project. Feasibility will be evaluated using the following criteria:

  • Availability; the reasonable proximity of the petitioned territory for connection to an existing sewer.
  • Capacity; the ability within the existing sewer facilities to accept flows from the petitioned territory.
  • Methodology; the necessary method of service, whether by connection to an existing sewer trunk by gravity or sanitary lift station; or treatment of wastewater generated within the territory by a stand-alone wastewater treatment plant.
  • Affordability; the cost of the petitioned project in relation to the cost to property owners under the Board’s assessment resolution, the cost/benefit ratio of potential customers served and the overall size of the project.

If the project is determined to be feasible, the Sanitary Engineer will establish a Petition Area. The Petition Area will be determined by: (1) the number of properties that can physically be served by gravity sewer, (2) the amount of capacity available in the general sewer shed, (3) the required method of wastewater disposal, (4) the number of properties that can be reasonably assessed to make the project affordable.

The Sanitary Engineer will prepare an initial Petition Area plan, determine the assessment boundary for the petitioned territory and note the addresses of all owners to be canvassed.

The Sanitary Engineer may adjust the Petition Area at any time during the Petition process. All participants in the previous and proposed petition areas will be informed of any change prior to the next step of the process.

Petition Process

Following preparation of the petition by the Sanitary Engineer, the petition document will be delivered to the interested party (the petitioner), either at the office of the Sanitary Engineer or by regular US mail.

The petitioner will be provided an informational sheet to distribute to property owners in the Petition Area outlining this process. The petitioner will be instructed as to obtaining signatures expressing interest from property owners.

The petitioner will have six (6) months from the date of delivery of the petition (either the date received in person or the date of mailing) in which to circulate the petition and obtain signatures of at least 70% of property owners within the Petition Area. The expiration date will be indicated on the petition.

If, after six (6) months from the date of delivery of the petition to the petitioner, the petitioner has not delivered to the Sanitary Engineer the petition containing the signatures of at least 70% of property owners within the Petition Area, the petition effort will have failed. No subsequent petition encompassing all or any part of the Petition Area will be prepared or accepted for consideration until the passage of eighteen months from the date the original petition was delivered to the petitioner.

Public Information Meeting (Phase II)

  1. Upon receipt of a petition containing the signatures of 70% of the property owners in the Petition Area, the Sanitary Engineer will schedule a neighborhood meeting to discuss the details of the proposed sanitary sewer project. Notice of the meeting, together with a card upon which an owner may express a preference for or against the sewer project, will be sent to all affected residents. Subjects discussed at the meeting will include:
    1. The petition area and how the area was determined
    2. A preliminary drawing (not the final design) of the proposed sewer alignment
    3. Estimated project costs
    4. Estimated aggregate assessment to property owners
    5. Ancillary costs to property owners, including connection charge, drain layer costs, assessment charge and monthly service fee.
    6. Proposed Construction Schedule
    7. General Questions
    8. Explanation of the preference cards, which will be used to determine if the residents are willing to accept and finance a sanitary collection system.
      • Cards may be turned in at the end of the meeting or taken home and mailed later.
      • All cards must be postmarked by the end of the day referred to in the neighborhood meeting notice.
      • Additional cards will be available at the meeting.
      • Cards will be tallied at the office of the Sanitary Engineer and if the preferences “in favor” exceed 50%, the project will continue to Phase III.
      • If no card is returned, it is assumed the individual is opposed to the Project.
  2. Upon receipt of a petition containing the signatures of 70% of the property owners in the Petition Area which lies, in whole or in part, within a municipal corporation, the Sanitary Engineer will not schedule a neighborhood meeting until the municipal corporation has adopted an ordinance or resolution in accordance with Revised Code § 6117.04 authorizing the acquisition, construction, maintenance, and operation of the sanitary sewer facilities proposed, and any adjustments necessary for compliance with the 208 Clean Water Plan.

Project Preparation (Phase III)

  1. Upon expression of preference by more than 50 % of property owners in the petitioned territory in favor of the petitioned sewer project, the Board may adopt a resolution authorizing the Sanitary Engineer to prepare detailed plans, specifications and tentative assessments.
  2. In accordance with the Ohio Revised Code, upon consideration of the detailed plans, specifications and tentative assessments, the Board may adopt a resolution declaring that the improvement is necessary for the preservation and promotion of the public health and welfare, and determining whether or not special assessments are to be levied and collected to pay any part of the cost of the improvement.
  3. Upon the adoption of a resolution of necessity for the petitioned sewer, the project will proceed in accordance with Ohio statute, regulations of Ohio and U.S. EPA and existing agreements between the Board and other political subdivisions or municipal corporations.

Rules & Regulations Chapter 4 Excerpted - Private Extension of Water and Sewer Lines

4.01 Application

4.01.01 The private party (hereinafter called the "Applicant") shall file an application with the Stark County Metropolitan Sewer District for the construction of Water and/or Sanitary Sewer Lines, (hereinafter called the "Project") in the District.(Except when the construction is necessary for, and within, an improvement under the Stark County Subdivision Engineer’s authority.)

4.01.02 Such application shall be made on the form supplied for that purpose by the Stark County Metropolitan Sewer District.

4.01.03The applicant shall submit to the Stark County Metropolitan Sewer District construction plans, drawings, specifications, cost estimates, vehicular traffic plans and such other documents as may be required for the Department's review of the Project.

4.01.04 The applicant shall supply the Stark County Metropolitan Sewer District with all easements required for access, operations and maintenance of the lines without charge.

4.01.05 Engineering, materials, construction, and testing of the Project shall conform to the County's plans, specifications, standards, rules, and regulations.

4.01.06 When the Stark County Sanitary Engineer approves all documents submitted and the foregoing Sections 1 through 5 have been satisfactorily accomplished, he shall so certify his approval by letter to the Stark County Commissioners.

4.01.07 The Stark County Commissioners may then grant permission to the Applicant to construct such Project, by Resolution, contingent upon the Applicant entering into an acceptable Contract with the County and fulfilling the requirements of these Rules and Regulations.

4.02 The Contract shall contain

4.02.01 Comprehensive General Liability Coverage that shall include Completed Operations --- Products Coverage, Personal Injury Coverage, and Contractual Liability Coverage to satisfy the Indemnification Clause included in the Contract.  Explosion, Collapse, and Underground Hazards Liability Coverage shall be included in the General Liability Coverage when occasioned by the contractor’s sub-surface operations.  Comprehensive Automobile Liability Coverage shall include Non-ownership and Hired Cars Coverage.  The minimum limits of liability for all coverages above shall be as follows, unless otherwise specifically required by special provisions in the construction specifications of the Contract: 

AMOUNT OF CONTRACT: UNDER $50,000 OVER $50,000 BUT UNDER $500,000 OVER $500,000 OVER $1,000,000
        (1)
Bodily Injury Liability        
Each Person    $750,000 $1,000,000 $2,000,000  
Each Occurrence $750,000 $1,000,000 $2,000,000  
Aggregate $1,000,000 $2,000,000 $5,000,000  
Property Damage Liability        
Each Occurrence $500,000 $1,000,000 $   1,000,000  
Aggregate (Except Auto) $1,000,000 $3,000,000 $   3,000,000  
(1) Special conditions will affect limits to be determined. 

4.02.02  The Applicant, his agents and Contractors shall comply with the Ohio Worker's Compensation Act for all of their employees engaged in work under the Contract.

4.02.03 The County shall be reimbursed by the Applicant for its inspection costs.

4.02.04 The Applicant shall provide a Surety Bond of sufficient amount to compensate the County for completing the entire Project.

4.02.05 That upon completion of construction of the said Project and final approval given by the Stark County Metropolitan Sewer District, said lines shall be conveyed to the Stark County Metropolitan Sewer District.

4.02.06 That, if requested by the Applicant on his original Application, the County shall collect and return to the Applicant a prorated share of the cost of such improvement in any instance where connection is made to the extension by a non-participant in the original cost of said extension.   In order to qualify for reimbursement of the prorated share of construction costs by a non-participant for sanitary sewer, the extension constructed by the applicant must include service sewers to the right-of-way line or easement line abutting the non-participant’s property.  If the applicant does not provide a service sewer to non-participant properties, then he waives his right to reimbursement for those specific locations. No such condition is required for water service connection to a non-participant. After filing the Application, the Stark County Metropolitan Sewer District shall contact all property owners along the route of the proposed sewer to explain the benefits of participation in the original cost of the extension project.  The offer to participate shall be by letter sent by Certified Mail.  The property owners so participating shall be identified by name, parcel number and address in the Agreement.

4.02.07 That such prorated share for water project extensions shall be based on the sum of the certified costs of the extension divided by the number of parcels with frontage along the water extension project calculated on the day of plan approval by the Sanitary Engineer.

4.02.08 That for sewer extensions, such prorated share shall be based on the developed or developable parcel frontage along the extension multiplied by the sum of the certified costs of the extension divided by twice the total length of the extension as constructed.   The prorated share, levied against a non-participant to be reimbursed to the Applicant, shall not exceed the connection charge as referred to in paragraph “d” of the current Stark County Commissioners’ Resolution requiring permits for connections, and, for a reimbursement period as stated in 4.02.11, in the event that the above mentioned connection charge be in excess of the calculated prorated share, the connection charge shall be reduced to the amount of the calculated prorated share.

4.02.09 For private sanitary sewer and water extension construction completed under Stark County Subdivision Regulations where the Applicant has requested a return of a prorated share of the cost of an extension, the amount to be returned shall be as set forth in Section 4.02.06, Section 4.02.07 and Section 4.02.08 above.

4.02.10 That to determine the costs of such project, the Applicant shall provide the Stark County Metropolitan Sewer District with certified copies of all payrolls and invoices for material, supplies, and services used on the extension project.

4.02.11  That the County shall return to the Applicant such prorated shares of the cost for a ten (10) year period from the date of the Agreement with the Stark County Commissioners, or until such time as the Applicant has recouped his entire cost of construction, whichever shall occur first.

4.03 Proceeding with the construction of the extension

4.03.01 Upon execution of such Contract, the Applicant shall file a copy of the Application and the Contract with the Stark County Auditor and shall pay the fee for each such Application (Contract) filed.

4.03.02  A copy of the executed documents required in Section 4.02 shall be filed with the Stark County Metropolitan Sewer District prior to commencement of any construction work.

4.03.03  When such Application has been approved, the Contract completely executed and both have been filed with the Stark County Auditor, the Applicant shall be given notice in writing by the Stark County Metropolitan Sewer District that he may proceed with construction of the water and/or sewer extension provided that the applicant has written acceptance for the treatment of the generated wastewater from the wastewater treatment facility along with the approved Permit(s) To Install issued by the Ohio EPA.

4.03.04 All construction shall conform to the plans approved by the Stark County Metropolitan Sewer District.  The applicant or his agent is required to notify property owners along the route of the improvement at least three (3) days prior to start of construction.  Notification will include the name and address of the contractor, contact name and number, schedule of construction and two 24/7 emergency contact names and numbers in which the residents can call.  Proof of such notification is to be given to the Stark County Metropolitan Sewer District prior to the start of construction.

4.03.05 All construction and testing shall be under the supervision and inspection of the Stark County Metropolitan Sewer District.

4.04 After construction is complete

4.04.01The Applicant’s engineer shall provide the Stark County Metropolitan Sewer District with as-built drawings and measurements, consisting of one set of plans along with AUTOCAD compatible files, both revised in accordance with the results of construction.  AUTOCAD files shall be in accordance with Stark County Metropolitan Sewer District specifications and requirements.

4.04.02 The costs provided in Section 4.02.03 shall be paid in full before final approval is given to such Project Extension and its use permitted.

4.04.03 The applicant shall provide a Maintenance Bond for two (2) years duration in the amount of 5% of the total project cost as a warranty covering the installed sanitary sewer or water extension.

4.04.04 The Applicant, his agents and contractors shall waive all rights to place liens against the Extension Project by certifying that they have been paid in full.

4.04.05 Final approval of the Extension Project and use of the facility shall be contingent upon the Applicant's satisfactory fulfillment of these Rules and Regulations and the terms of the Contract.

4.04.06 After the date of final approval of the Extension Project, the Stark County Metropolitan Sewer District shall collect a prorated share of the cost of such improvement whenever a non-participant connects as provided in Sections 4.02.06, 4.02.07, and 4.02.08, and return such share of payment to the Applicant without a charge for such service.

4.04.07 A non-participant shall not be issued a connection permit until his share of the cost has been paid to the Metropolitan Sewer District.