Land development manual Section 73 Compliance Certificate application process

Land development manual Section 73 Compliance Certificate application process

Published by Sydney Water PO Box 399 Parramatta NSW 2124 sydneywater.com.au Copyright 2013 Sydney Water Corporation Sydney Water disclaims any liability for any inaccuracy or incompleteness in this manual. Sydney Water makes no representation and does not warrant that any product, process or procedure referred to in this manual is suitable for any purpose. People using this manual are still responsible for making their own enquiries as to suitability of any information, product, process or procedure for any purpose.

Contents 1 Introduction 1 2 Process 2 2.1 Overview 2 2.2 Prepare application 3 2.2.1 Information needed with your application 3 2.2.2 Lodging your application 3 2.2.3 Complying applications 3 2.2.4 Anticipated requirements applications 4 2.2.5 Feasibility applications 4 2.3 Receive Notice of Requirements 5 2.3.1 General information about a Notice of Requirements 5 2.3.2 Timeframe 5 2.3.3 Types of requirements 5 2.4 Build works and pay charges 7 2.4.1 Engage a coordinator 7 2.4.2 Engage a designer and constructor 7 2.4.3 Signing of agreements 7 2.4.4 Designing the works 8 2.4.5 Paying for the works and charges 8 2.4.6 Constructing the works 9 2.4.7 Bonding the works 9 2.5 Receive Section 73 Certificate 9 3 Policies 10 4 Fees and charges 11 4.1 Ancillary charges 11 4.2 Developer charges 11 5 Instructions and forms 12 6 Definitions 13

1 Introduction Developing new land and consolidating urban space is a major part of the continued economic growth of the Sydney Region. Sydney Water is committed to ensuring this development receives quality water, wastewater or drainage infrastructure, while also ensuring that new buildings do not affect our pipes. When land is subdivided or developed within Sydney Water s area of operations, the developer may need to obtain Sydney Water s Section 73 Compliance Certificate. The Consent Authority will tell the developer about this requirement when they issue the Development Consent. This manual provides comprehensive information about how a developer can obtain the Section 73 Certificate. It details the process, related policies, forms, fees and charges. This manual also helps developers understand the value developer infrastructure providers, that is, the providers who design and construct new pipe work, add to the process. Page 1

2 Process 2.1 Overview A Section 73 Compliance Certificate is a certificate issued under Section 73 of the Sydney Water Act 1994. This confirms that you have satisfied Sydney Water s requirements for your subdivision or development. These requirements may include: constructing mains (for example, extensions or amplifications to Sydney Water's systems) so that your development can connect to appropriately sized water and wastewater mains getting your building plans approved paying any Sydney Water charges. You may need a Section 73 Certificate if your development or subdivision will impact on Sydney Water's systems. This can include creating a dual occupancy, subdividing land, or constructing a residential, commercial or industrial building. You do not need a Section 73 Certificate if you are constructing a house that is replacing an existing dwelling or altering/extending a house. Your Consent Authority (usually your local council) may require you to obtain a Section 73 Certificate as a condition of your Development Consent. You will need to obtain your certificate and meet all conditions of consent before you receive final authority approval to occupy the building or register your subdivision at the Land and Property Information office. Sometimes you may want to know what Sydney Water s requirements will be before lodging your Development Application with your Consent Authority. You can ask Sydney Water to send you advice about our charges and conditions for your proposed development by lodging a Feasibility application. You can find out more about Feasibility applications in Section 2.2.5. To see whether your development needs a Section 73 Certificate, visit the Land development page in the Plumbing, building & developing section of our website. There are four main steps to getting a Section 73 Certificate: Prepare application Receive Notice of Requirements Build works and pay charges Receive Section 73 Certificate (Click on a box to go to the section) These are explained in this document. Page 2

2.2 Prepare application 2.2.1 Information needed with your application So we can process your application, you must supply a copy of: your Development Consent the development plans as supplied to the Consent Authority. The plans must be in PDF format, show the area of each lot and have a scale of 1:500 or 1:1000. For subdivisions see the note below about Pre-allocated plan numbers. Pre-allocated plan numbers If you are subdividing your land, one of the first things you need to do is engage the services of a registered surveyor. This enables you to obtain a copy of the pre-allocated plan number (PPN) issued by the Land and Property Information (LPI). Sydney Water requires a PPN for all subdivisions with Development Consent. After you have received a Development Application lodgement number and lodgement date from the Consent Authority for your subdivision, you will need to engage a surveyor to provide you with: a copy of the LPI s printed Notice of Pre Allocated Plan Number Issue and a subdivision plan: in AutoCAD format, at a scale of 1:500 or 1:1000 showing the area of each lot, the total gross area and total net area to be developed showing the existing property information lot number(s) and Deposited Plan number(s) together with the PPN issued by LPI coordinated to Map Grid of Australia (MGA). If your subdivision is located in an existing serviced area and outside of new release areas, a Water Servicing Coordinator (see section 2.2.2 below) can provide a subdivision plan using Sydney Water s HYDRA system. 2.2.2 Lodging your application Applications must be submitted to Sydney Water electronically through the e-developer system. You must engage a licensed Water Servicing Coordinator to do this for you. The coordinator will act on your behalf in all dealings with Sydney Water. They will charge for this service, so make sure you discuss prices before you finalise their engagement. Each coordinator s pricing structure is different. To see a list of coordinators, visit the Providers page in the Plumbing, building & developing section of our website. 2.2.3 Complying applications If your development is deemed as low-risk, you may be able to submit your application as a Complying application. This reduces the time taken to receive a Section 73 Certificate. Page 3

Applications able to be lodged as complying include developments where you: have already met our servicing requirements only need to build minor works only need your building plans approved only need to complete other low-risk requirements. The following steps show how to get your Section 73 Certificate as a Complying application: Complete Requirements Submit Complying Receive Section 73 Certificate Your Water Servicing Coordinator will assess the development against our criteria and determine if there are any Sydney Water requirements. They will then help you complete these requirements and submit the application. We will issue the Section 73 Certificate within five business days of receiving the application. (It may take longer than five days if your application is incomplete or incorrect). 2.2.4 Anticipated requirements applications Sometimes you may wish to see any requirements Sydney Water will have for your development while you obtain your Development Consent. You can do this by applying for an Anticipated requirements application. Your Water Servicing Coordinator will submit this application for you. Application charges will apply. Your coordinator will receive an Anticipated Requirements letter and return it to you. If the letter requires you to build works, you can t start construction until we receive the Development Consent from the Consent Authority. Similarly, if no works are required, we will not release the Section 73 Certificate until we receive the Development Consent. After Sydney Water receives the consent, we will check to see that your development hasn t changed from your original application. If it has changed, you will need to re-apply as detailed in section 2.2.2 above. If it hasn t changed, the process will continue as detailed in sections 2.3 to 2.5. 2.2.5 Feasibility applications Sometimes you may be planning a development, but need to see if it is a practical idea, that is, to see if it is a feasible development. You can ask Sydney Water to send you advice about the charges and conditions we will set for your proposed development. You can ask for this information by applying for a Feasibility application. Your coordinator will submit this application for you and application charges will apply. Your coordinator will receive a Feasibility Advice letter and return it to you. If you decide to proceed with the development after you receive our Feasibility letter, you must apply in the normal way and pay the fee and go through all the steps to get a Section 73 Certificate. Page 4

If you are planning a large-scale land rezoning, new development or redevelopment you can call us for advice on 13 20 92. Ask for the Urban Growth - Growth Strategy team. 2.3 Receive Notice of Requirements 2.3.1 General information about a Notice of Requirements The Notice of Requirements sets down any requirements that you must meet, before Sydney Water can issue a Section 73 Certificate. The notice is based on our assessment of how your proposal may affect our water, wastewater and (sometimes) stormwater systems. Once the notice is issued, you have 12 months to meet the requirements, otherwise you must submit a new application and pay another application fee. After you receive the notice, you should discuss the requirements with your coordinator. You can find out what you need to do next and what the Water Servicing Coordinator s role will be. 2.3.2 Timeframe Sydney Water will generally issue the Notice of Requirements within 30 days of receiving your application. For more complex cases, it may take up to 60 days. The notice will be sent electronically to your Water Servicing Coordinator. The coordinator will then discuss the requirements with you. 2.3.3 Types of requirements The table and comments below summarise the most common requirements found in a Notice of Requirements. Requirement Build minor works Build major works Circumstances where this applies Your development needs a point of connection to our wastewater system. To provide this point, you only need to construct works that we describe as minor works. Minor Works are generally short in length and not laid too deep (see section 2.4). Your development needs a point of connection to our water, wastewater and, sometimes, stormwater systems. To provide this point, you need to construct works that we describe as major works. Major works are generally longer, laid deeper and/ or more difficult than minor works (see section 2.4). Build complex works Your development needs these works, so that major works can be built (see section 2.4). Sign an agreement Install or adjust a water meter and connection Get building plan approval Pay recycled water Developer Charges You need to build minor, major or complex works so you must enter into an agreement with us (see section 2.4.3). Your development does not have an existing water connection and meter, or the existing connection and meter does not meet our standards. Your development may affect our water, wastewater or stormwater pipes. (Note: You must get your building plans approved regardless of whether it is a requirement in the notice.) The lots in your development will connect to the recycled water system shown in the Development Servicing Plan for Rouse Hill Recycled Water System. See Developer Charges Policy and Guidelines for details. Page 5

Comments: Sydney Water s Property Development Connection Requirements policies and guidelines detail requirements that you must meet to ensure water and wastewater services for your development. Generally, each lot needs: no less than a two-metre frontage to a water main. Each lot must also have a connection to a water main and a water service and meter a connection to a wastewater main that is located at least one metre inside the lot s boundaries. Sometimes we will require you to build works that increase the size of our water or wastewater pipes so that we can adequately service your development (this is known as upsizing or amplification ). Our requirement will be based on the size and/or demand of your development and the size and demand of the existing pipes. This work will also be detailed in the notice. You must get our approval before you can build near or over our stormwater system, or connect and discharge into it. We will tell you everything you need to know about this in our notice. If your development includes building work, you must submit your building plans through Sydney Water Tap in TM to check there will be no impact on our pipes. If it appears that there will be an impact, we may also make it a requirement in your notice to get your building plans approved. In either case, you must get your building plans approved before you begin construction. If your building will be close to or over our pipes/structures you will be advised by Sydney Water Tap in TM to engage a coordinator. You must not move, remove or replace any Sydney Water pipes (or replace our pipes with temporary pipework) without our approval. You must engage a coordinator to lodge an application. The application must include a design of the proposed works and any temporary pipework. We will review the design and tell you what is needed to get our approval. You may need to lodge a construction bond. If Sydney Water does not have any specific requirements for you to complete for your Section 73 Certificate application, we will issue an Advice Letter with your Section 73 Certificate telling you any other information relevant to your development. While these will not be requirements to be met before the Section 73 Certificate is issued, they may well need to be completed after it is issued. To find out more, go to the Plumbing, building & developing section of our website. Page 6

2.4 Build works and pay charges What happens next depends on whether we have told you in the Notice of Requirements to build minor, major or complex works. For minor works, you will need to engage listed providers: a Water Servicing Coordinator and a constructor to design and build the works For major works, you will need to engage listed providers: a Water Servicing Coordinator, designer and constructor to design and build the works For complex works, talk to the Water Servicing Coordinator about how the works are designed, constructed and commissioned. You and your providers must enter into an agreement with Sydney Water, before you start designing and constructing the works. This section describes how you engage providers, sign the agreement and what you need to do to build the works. 2.4.1 Engage a coordinator First, decide whether you want to retain your Water Servicing Coordinator for the rest of the application. If you don t, you must select another coordinator from the list on our website to manage the design and construction of the works. For all the details of what they do, visit the Providers page in the Plumbing, building & developing section of our website. 2.4.2 Engage a designer and constructor You will then need to engage a designer and/ or a constructor, depending on the type of works. Select them from our listed providers on our website. Your Water Servicing Coordinator can assist you with this. To see full details of what the designer and constructor do for you, visit the Providers page in the Plumbing, building & developing section of our website. 2.4.3 Signing of agreements You and your listed providers must sign the Developer Works Deed sent out with the Notice of Requirements. You are responsible for all aspects of the design and construction of the works. This is set down in the Developer Works Deed - Schedule 1: Standard Terms document. To see this document, visit the Developer deeds and standard terms page in the Plumbing, building & developing section of our website. This document also sets out Sydney Water s and your listed providers responsibilities. You must read and understand both the deed and the standard terms, before you sign the deed. Your Water Servicing Coordinator can help you get all the signatures. If you haven t yet engaged a constructor, the constructor can sign later. We will send a Deed Poll document to your coordinator, before you start construction. Your coordinator will arrange the constructor s signing of the Deed Poll. Page 7

2.4.4 Designing the works If minor works are required, the Water Servicing Coordinator will produce a design called a documented design servicing solution. It doesn t need to be submitted to Sydney Water for review before construction starts. If major works are required, a design must be lodged with Sydney Water before construction starts. The designer prepares this design for the coordinator to submit to Sydney Water together with any supporting documents and forms. We usually take no more than 21 days to review the design. Once we complete the review, we will send the coordinator a Job Specific Schedule letter telling them this. We will also explain our costs and any other requirements for the rest of the process. Talk to your coordinator about other things you may need to do. Entering onto third party property Before you or your providers enter a third party s property, that is, someone else s property other than your own, to design or construct any works, you must first have the written permission of the property owner or the tenant. This permission is obtained when they sign our Permission to Enter form. The signed Permission to Enter form must be given to Sydney Water before construction starts. Our policy and guidelines tell you more about your responsibilities. Your coordinator can give you the form and explain more about this. 2.4.5 Paying for the works and charges Generally, you pay for the full cost of the works, But, Sydney Water may pay for some. We will tell you if we will make a payment, either in our notice or in our Job Specific Schedule letter to the Water Servicing Coordinator about the design. We will base our decision on our Funding Infrastructure to Service Growth Policy. If we are paying for any of the works, you must follow our Urban Growth Procurement Guidelines. To view the guidelines, ask your coordinator.. You may also need to pay developer charges. These are explained in section 4.2. Page 8

2.4.6 Constructing the works The Water Servicing Coordinator manages all aspects of construction. They will ensure that all quality assurance documents and procedures are complete and that the work meets Sydney Water s requirements. For the full details of what each provider does, visit the Providers page in the Plumbing, building & developing section of our website. 2.4.7 Bonding the works In limited situations, you can receive your Section 73 Certificate before construction works are complete, by providing us with a monetary bond. This is returned to you when you have completed all of the requirements. We will also require you to lodge a bond when you adjust or deviate one of our existing pipes. Read our Bonding of Works Policy and Guidelines for details. 2.5 Receive Section 73 Certificate Before issuing the Section 73 Certificate, Sydney Water will check to see if all requirements set out in the Notice of Requirements have been met. Where you were required to build works, Sydney Water will check that everything has been completed, before taking ownership of the works. We will then tell you about any costs to be paid or other things that must be done. After the costs have been paid, we will issue the Section 73 Certificate and refund any outstanding bonds. Page 9

3 Policies The basis for all of Sydney Water s Section 73 Certificate requirements is our policies. These are listed below. Where needed, we have added guidelines to a policy to help explain how we apply the policies to the Section 73 Certificate process. To look at the policy and guideline documents, visit the Land development page in the Plumbing, building & developing section of our website. Property Development Connection Requirements Policy and Guidelines- details how your development must connect to our water and wastewater systems Funding Infrastructure to Service Growth Policy- explains how works required for your development are funded Developer Charges Policy and Guidelines- explains how Sydney Water calculates developer charges Bonding of Works Policy and Guidelines- explains when Sydney Water allows and requires bonding Entry onto Third Party Property Policy and Guidelines- explains what Sydney Water requires you to do to gain entry to someone else s land, if you need to build minor, major or complex works. Page 10

4 Fees and charges 4.1 Ancillary charges The following charges may directly relate to your application: Subdivider/Developer (Section 73) Compliance Certificate Feasibility application Developer investigation fee Design and construct contract administration Operations area charges Water main adjustment application Sewer main adjustment application Disuse of sewer application Building plan approval For details about these and all other charges, visit the Land development page in the Plumbing, building & developing section of our website. 4.2 Developer charges Developer charges only apply to developments in recycled water areas shown in the Development Servicing Plan for Rouse Hill Recycled Water System. A capital contribution is payable in some areas and is calculated in the same way as a developer charge. Developer charges and capital contributions for recycled water contribute towards Sydney Water's: treatment plants pumping stations reservoirs network of pipes that service the area of your development. Independent Pricing and Regulatory Tribunal (IPART) sets the method of calculating recycled water developer charges. This includes a Consumer Price Index adjustment on 1 July each year (latest charges apply at time of payment). Each water recycling system has a charge, which is documented in the Development Servicing Plan for that system. Charges for a development can be substantial, depending on the size and location of the project. You will be advised of any recycled water developer charges or capital contributions you must pay in your Notice of Requirements. Your Water Servicing Coordinator will discuss this with you. For more details on these charges, visit the Land development page in the Plumbing, building & developing section of our website. Page 11

5 Instructions and forms To see the instructions or forms, visit the Providers page in the Plumbing, building & developing section of our website. If you need to create an easement over one of our water or wastewater pipes, or transfer land to Sydney Water, you must use our instructions and forms. To see the easement/land forms or guidelines, visit the Providers page in the Plumbing, building & developing section of our website. Page 12

6 Definitions Term Advice letter Application Application fee Bond Building plan approval Constructor Coordinator Deed poll Design Designer Developer Developer charges Developer infrastructure providers Developer Works Deed Development Consent e-developer HYDRA Job Specific Schedule Letter Major works Minor works Meaning A letter issued by Sydney Water about Feasibility applications, adjustments/deviations and building plan approval applications. Section 73 Compliance Certificate application, Minor works sewer application, Sewer main adjustment application, W ater main adjustment application, Feasibility application, Road closure application, or water and sewer extension application. The IPART determined fees that apply to Section 73 Certificate Application, Building plan approval applications, related application/s and Minor works applications. Money given to Sydney Water before the developer meets Sydney W ater s conditions. The money covers the cost of constructing the works and related fees and charges. It is usually in the form of a bank guarantee or cash. Application for approval of building/development plans to check if the proposed construction affects Sydney W ater s pipes, structures or assets. The listed provider who will build the developer works. See W ater Servicing Coordinator A deed executed by only one listed provider party, engaged after the Developer works deed is executed. For minor works, the documented design servicing solution as described in the Instructions to Water Servicing Coordinators minor works. For major works, the design prepared by the designer and included as part of the design package. The listed provider who will design, and specify classes of infrastructure for the developer works. Someone who has been given an approval under Part 6, Division 9 of the Sydney Water Act 1994 and is seeking a Section 73 Compliance Certificate or someone who has hired a Water Servicing Coordinator to make an e-developer application to adjust, deviate or extend an existing Sydney W ater asset. Charges determined using the IPART methodology as detailed in the Notice of requirements. See Providers The deed for performing the developer works, including these standard terms, any other documents it refers to and any attachments. A consent issued by a planning authority or equivalent giving conditional development approval. Sydney W ater s web-based software that coordinators use to manage and distribute applications and related documents about developer activity. Sydney W ater s computerised geographic information system. A letter issued by Sydney Water releasing the design package and detailing any conditions for construction. Works in the construction categories W 1, W 2 W 3, S1, S2 and RW, as described on Sydney W ater s website. These are longer, laid deeper and/ or more difficult than minor works. Works in the construction category MS, as described on Sydney W ater s website. These are generally shorter and not laid as deep as major works. Page 13

National codes Notice of Requirements (NoR) Providers The codes and documents published by the W ater Services Association of Australia and entitled respectively W ater Reticulation Code of Australia and Sewerage Code of Australia and other codes and documents as applied to providing water infrastructure and published from time to time by the Standards Association of Australia. A notice issued by Sydney Water stating requirements that must be met before Sydney W ater will issue a Section 73 Compliance Certificate. Requirements may include paying charges and constructing or protecting works. Companies or people listed by Sydney W ater to design, construct or project manage applications and any works required. Also referred to as Developer infrastructure providers. Section 73 Compliance Certificate A certificate issued under Section 73 of the Sydney Water Act 1994. Standards The Building Code of Australia, Australian Standards and National Codes by the W ater Services Association of Australia. Also includes any other documents published or adopted by Sydney W ater that set out requirements for designing, constructing, manufacturing and supplying works or products. Sydney Water Tap in TM Sydney Water s online service where customers can apply for connections, disconnections, building plan approvals and related connection and development services. Water Servicing Coordinator The listed provider who will manage the design and construction of any water, wastewater or stormwater works and asset protection. Works As defined in Section 3(1) of the Sydney Water Act 1994. Page 14

Contact us Visit sydneywater.com.au Call 13 20 92 Send mail to: Sydney Water PO Box 399 Parramatta NSW 2124 Page 15