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Refer to the
Planning Commission Staff Report (Dated: May 31, 2007) for
technical details and site location; attached to the report
are the minutes summarizing the motion and reasons for
denying the preliminary subdivision and associated waiver
requests.
It is noted that there were numerous technical issues left
unresolved at the Planning Commission and none currently
associated with the Preliminary Plat appear to have been
addressed by the Applicant. The outstanding issues were
listed in the attached resolution for denial by the Planning
Commission at their May 31, 2007 meeting.
Section 9-13
of the Subdivision Ordinance requires that a permanent means
of sewage disposal acceptable to the Health Official and the
County be established. Where public service is not
available, the County ordinance states that “where
construction of drainfields is authorized, sufficient
drainfields and replacement area is to be provided to last
the expected life of the dwelling units. The adequacy of
the area is to be approved by the Health Department.”
In a letter
regarding The Paddocks (Dated: May 14, 2007), the Health
Department indicated it had not received a proposal for
sewage disposal that could be approved by its office. The
letter further stated that the sewage system proposed for
each lot would fall under the jurisdiction of the Department
of Environmental Quality (DEQ). As a result, the
preliminary plat section did not provide a default position
for proposed lots and a situation that proposed an evapo-transpiration
bed and the aquarobic mini-plant for each lot whereby DEQ
permitting for the plant is established and the evapo-transpiration
bed uncertain. The latter bed is typically under the
purview of the Health Department. In its appeal, the
applicant’s engineer also presented material that indicates
for the first time to the County that the evapo-transpiration
bed has zero discharge (refer to undated technical material
from Daniel E. Pavon; Aquarobic International, Inc.).
Hence, the waiver request is to allow approval of the
proposed system through the appropriate state agency prior
to Final Plat approval.
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