LAND DEVELOPMENT MANUAL

LAND DEVELOPMENT MANUAL AUGUST 2014 HUNTER WATER

TABLE OF CONTENTS 1 introduction... 4 2 scope... 5 3 intended audience... 5 4 definitions, acronyms and abbreviations... 6 5 land development cycle... 9 6 hunter water s development assessment process... 10 6.1 Preliminary Servicing Advice... 13 6.2 Plan Stamping... 13 6.3 Development Assessment Application (Section 50 Compliance Certificate)... 14 6.3.1 What You Need to Provide With Your Development Assessment Application 14 6.4 Make Application for Water and Sewer Extensions to an Existing Development. 15 6.4.1 What You Need to Provide with Your Application for Water and Sewer Extensions to an Existing Development... 15 6.5 Hunter Water Will Investigate Your Proposal... 15 6.6 Hunter Water will issue a Formal Notice of Requirements Letter... 16 6.7 What You May Be Required To Do... 16 6.7.1 Constructing Minor Works... 16 6.7.2 Constructing Major Works... 17 6.8 Permit to enter land... 17 6.9 Review of environmental factors... 17 6.10 Hunter Water Issue of Approval... 18 6.11 Other Approvals You May Need Prior to Connection of Water and Sewer... 18 6.11.1 Hydraulic Design Assessment... 18 6.11.2 Trade Waste... 19 6.11.3 Tee and Valve Application... 20 6.11.4 Statement of Available Pressure... 20 6.12 Application to Connect to Hunter Water Services... 20 7 supporting information and policies... 20 7.1 Servicing Strategies... 20 Land Development Manual 2

7.2 Easements... 21 7.3 Build Over Sewer... 22 7.4 Cost Sharing Arrangements Where Asset is Greater than Minimum Size for a Single Development... 22 7.5 Reimbursements Contributing to Developer Funded Assets... 23 7.6 Capital Contributions for Existing Development Accessing System Capacity... 23 7.7 Bonding of Outstanding Development Requirements... 24 7.8 Alterations to Roads, Driveway Access and Finished Surface Levels... 24 7.9 Future Subdivision of Development... 24 7.10 Community Title Subdivisions... 25 7.11 Non Standard Servicing Alternatives... 25 7.12 Point of Connection to Water, Sewer and Dual Reticulation (Recycled Water)... 26 7.13 Water Pressure... 26 7.14 Undrainable Areas... 26 7.15 Developer Works Entry onto Third Party Property... 26 7.15.1 Design Alternatives... 27 7.15.2 The role of the Developer... 27 7.15.3 The role of Hunter Water... 27 7.15.4 Dispute Resolution... 27 7.15.5 Timing of Resolution... 28 8 pricing... 29 8.1 What is it going to cost?... 29 8.2 Miscellaneous Services and Fess... 29 9 documentation... 30 9.1 List of Standard Documentation / Checklists / Policies... 30 Land Development Manual 3

1 INTRODUCTION The Hunter Water Land Development Manual provides a compendium of practical how to advice for anybody contemplating a development undertaking; from a dual occupancy through to major residential land release. In most cases your local Council will set requirements for specific development this will usually include the need to provide reticulated water and sewer services. The Local Government areas of Port Stephens, Newcastle, Lake Macquarie, Cessnock, Maitland, Dungog and parts of Singleton fall within Hunter Water s area of operation and as a consequence Hunter Water has an interest in the efficient extension of services to new and existing development in these areas. The Hunter Water Developer Services team is able to provide guidance, support and assistance for all aspects of the land development cycle acting as the hub for developer related activity at Hunter Water. If they cannot assist directly, Hunter Water s Developer Services team can connect you with a range of technical experts in environmental assessment, planning and investigation, strategy, design and construction of water, sewer and dual reticulation network infrastructure. The Land Development Manual: Encourages developers and their consultants to seek optimal servicing solutions Emphasises best practice for safety, environmental management, design and construction Outlines Hunter Water s role in land development Recognises the development industry as a key Hunter Water stakeholder Land development remains an important focus area for Hunter Water as it is the primary gateway to connecting new customers and growing our business. Ultimately our customers and key stakeholders must have a very high confidence that Hunter Water meets its ongoing regulatory and legislative requirements, both operational and environmental, while reacting and responding to the needs of the development community. Land Development Manual 4

2 SCOPE The Manual is intended to be read by anybody interested in the provision of water, sewer and recycled services to a new development, or those looking to extend Hunter Water s network to connect to an already established development. The Land Development Manual is intended to provide prospective developers, their engineering design consultants and civil contractors with an overview of Hunter Water s procedures, policies and information related to the provision of services for land development. It is not intended to replace the valued personal contact between you and Hunter Water which is necessary to gain a proper understanding of your project and circumstances. Our Developer Services Engineers are available to discuss your development proposals in a commercial-in-confidence environment. 3 INTENDED AUDIENCE You will find value in the guidance offered from the Hunter Water Land Development Manual if you are: A first time developer Considering buying vacant land for further development Involved in surveying or consulting engineering services to the development industry Looking for information on Hunter Water s various application processes Seeking more understanding of why Hunter Water sets certain requirements Land Development Manual 5

4 DEFINITIONS, ACRONYMS AND ABBREVIATIONS The following definitions apply in the document: Community Association the body constituted to manage and control the shared property and facilities in a community plan. Community Plan (Scheme) a plan subdividing land into community property and 2 or more development lots which may be further subdivided by a subsidiary scheme. Covenant generally, a mutual agreement between two or more parties to do or to refrain from doing certain acts in relation to land often contained in lease agreements. Restrictive covenants are a restriction on the use of the land. Positive covenants bind a proprietor to perform a specified action. Dealing an instrument which is registrable or capable of being registrable under the Real Property Act, in respect of which a recording in the Register is required or permitted to be made. When used generally, refers to a transaction affecting land under the Real Property Act evidence by a transfer, mortgage, lease etc. Deposited Plan a plan lodged with LPI depicting subdivision of land. Development Assessment Application - an application made under Section 49 of the Hunter Water Act 1991. Easement a right attached to land (the dominant tenement), to use other land (the servient tenement) for a specified non-exclusive purpose, eg right of carriageway, easement to drain water etc. An easement can also be in favour of a statutory authority without a dominant tenement, which is described as an easement in gross, eg easement for transmission lines or easements for water main. Existing Development any already established residential, multi-residential, commercial or industrial buildings, same or continuing business activity, existing subdivision, possibly connected as a customer to water but maintains self-sufficient services for other services eg onsite sewer treatment and disposal. Characterised by having no proposed changes to the existing facilities, processes, staff numbers, number of occupants or number of bedrooms. Hunter Water s Area of Operation the Local Government areas of Newcastle, Lake Macquarie, Port Stephens, Maitland, Cessnock, and Dungog and part of Singleton Shire. Hunter Water s Dealing No. E476715 has been specifically registered to deal with community title subdivisions where the water and sewer mains must be protected by statutory line easements. These easements must be listed in the management statement for development. The Dealing sets out Hunter Water s special requirements for the spatial relationship of services to other features in the subdivision for instance the minimum distance acceptable between a water main and a building. IPART Independent Pricing and Regulatory Tribunal Management Statement - a statement registered with the plan setting out the by-laws and other particulars governing participation in the scheme. It must be lodged with each community, precinct and neighbourhood scheme. The management statement provides details on the theme of the development, special requirements for use and maintenance of the association property, access details, and sets out who owns and maintains the service lines within the scheme. Land Development Manual 6

Neighbourhood Association the body constituted to manage and control the shared property and facilities in a neighbourhood plan. Neighbourhood Plan a plan subdividing land or a community or precinct development lot into neighbourhood property and 2 or more neighbourhood lots. New Development any growth, residential, multi-residential, commercial or industrial, that involves new buildings or lots created, or additional on-site business activity, that yields a net increase in the water consumed, recycled water consumed or sewer discharged to the Hunter Water network. Non-Standard Agreement an individual contract used in lieu of the standard Customer Contract, generally in circumstances where Hunter Water is unable to provide services at the performance stated in the Operating Licence. Notice of Formal Requirements following submission of an application for a Section 50 Compliance Certificate, Hunter Water will issue its conditions for the proposed development to connect to the existing systems. These conditions are issued in the form of a formal Notice of Requirements letter. Owner s Corporation comprises all the proprietors (owners) of the lots in a strata scheme. It is responsible for the upkeep and maintenance of the building and other common property and the general finance and good management of the scheme. Public Positive Covenant a condition imposed by, or for the benefit of, a statutory body or a local council that binds the owner of land to perform a specified act, eg to maintain a building and its foundations to ensure the safe working of a railway passing below it, or to maintain and operate infrastructure to a standard. The Positive Covenant must be in terms that directly require the owner of the land to do some action. Precinct Association the body constituted to manage and control the shared property and facilities in a precinct plan. Precinct Plan a plan subdividing a community development lot into precinct property and two or more development lots, and which may be further subdivided by a subsidiary scheme. Note: this plan is intended for use in staged, large, mixed-use development where it is intended to separate the management of areas having different uses and where a mixture of densities is proposed. It is rarely used. Restrictive Covenant originally a covenant by the purchaser with the vendor not to use the land for a specified purpose or in a specified manner. To be enforceable against the purchasers and successors in title, it must be restrictive in nature and may not impose a duty to do any positive act, whether or not it involves spending money. Now called a restriction on the use of the land, it is usually created by a Section 88B Instrument. Section 50 Compliance Certificate a certificate issued under Section 50 of the Hunter Water Act 1991. Section 88B Instrument an instrument under the Conveyancing Act lodged with a deposited plan to create easements, restrictions on the use of the land and positive covenants upon registration of the plan. Statutory Easement easements for the provision of essential services within a community, precinct or neighbourhood scheme. The terms of the easements are set out as a by-law in the Management Statement and the sites are shown in an attached prescribed diagram. Land Development Manual 7

Strata Lot a lot defined in a plan lodged under any strata scheme legislation. It includes lots wholly or partially inside buildings, external lots that may be wholly or partially covered and open space lots. Strata Plan a plan lodged for registration with LPI depicting vertical subdivision of land by buildings such as home units. Torrens Title a system employed in all Australian jurisdictions under which title to land is conferred by the official registration of a dealing in that land. Strata Scheme a strata scheme may be substituted in place of a neighbouring plan and the same rules as for the creation of strata title subdivisions apply. The owner s corporation created on registration of the strata subdivision is entrusted with the second or third tier of management (instead of the neighbourhood association) Land Development Manual 8

5 LAND DEVELOPMENT CYCLE Where does Hunter Water fit in the land development process? Prior to the purchase of any property for development, a prospective purchaser may need to assess a number of issues of varying complexity depending on the scale and nature of the development. At its simplest, the prospective purchaser will need to consider whether services including water and sewer are available to the site. Such issues may impact the feasibility of the proposed development. Most developments will require a development approval from a consent authority, such as the local council or private certifier. As part of the development consent, the authority may require the provision of water and sewerage facilities to the development. In these circumstances, the developer should make an application to Hunter Water for a Section 50 Compliance Certificate to determine how these services are to be provided. This advice is provided in a document referred to as a Formal Notice of Requirements letter. Upon satisfying Hunter Water s conditions detailed in the Formal Notice of Requirements, a Section 50 compliance Certificate will be issued and the development may then be connected to the Hunter Water s water and sewer networks upon application to connect. The developer would present this Certificate to Council as evidence of satisfying the servicing requirements. Figure 1: Hunter Water s involvement in the Land Development Cycle In addition to satisfying Hunter Water s requirements for connection, other Building Services applications may need to be made to Hunter Water depending on the nature of the development, these include applications to connect internal services, trade waste, hydraulic design assessments and tee and valve applications. Land Development Manual 9

6 HUNTER WATER S DEVELOPMENT ASSESSMENT PROCESS Below are Typical Residential and Commercial/Industrial Development Examples and requirements which are discussed further in this Manual. If you click on a requirement of interest this will take you directly to the section of the manual that you need to read. Land Development Manual 10

TYPICAL RESIDENTIAL DEVELOPMENT EXAMPLES Simple Complex Establishing your development and providing water and sewer services for future connection BOUNDARY ADJUSTMENTS DUAL OCCUPANCIES ( Granny Flats; 1 into 2 lots) SMALL SCALE SUBDIVISION (less than 3 lots) EXISTIING DEVELOPMENTS MULTI RESIDENTIAL (Units/Townhouses/Strata) LARGE SCALE SUBDIVISION (More than 3 lots) 1. PRELIMINARY SERVICING ADVICE 2. PRESENT PLANS TO HUNTER WATER FOR 'PLAN STAMPING' 3. MAKE DEVELOPMENT ASSESSMENT APPLICATION 4. SERVICING STRATEGY 5. NETWORK DESIGN 6. NETWORK CONSTRUCTION Land Development cycle completed 7. HUNTER WATER ISSUES COMPLIANCE CERTIFICATE (s.50) Connect buildings to services and establsih customer account with Hunter Water 8. DEVELOPER MAKES APPLICATION TO CONNECT Submit a Building Services Application BUILDING SERVICES CONNECTION APPLICATIONS Simple Complex Connecting your Development to Hunter Water's water and sewer services SMALL SCALE SUBDIVISION EXISTING DEVELOPMENT MULTI RESIDENTIAL (Units/Townhouses/Strata) LARGE SCALE SUBDIVISION 1. INTERNAL BUILDING SERVICES - WATER & SEWER 2. STATEMENT OF AVAILABLE PRESSURE (SAP) 3. TRADEWASTE 4. TEEE & VALVE (T&V) Land Development Manual 11

TYPICAL COMMERCIAL/INDUSTRIAL DEVELOPMENT EXAMPLES Simple Complex Establishing your development and providing water and sewer services for future connection BOUNDARY ADJUSTMENTS SMALL SCALE SUBDIVISION (less than 5 lots) LARGE SCALE SUBDIVISION (more than 5 lots) EXISTING DEVELOPMENT CHANGE OF USE (BUSINESS) 1. PRELIMINARY SERVICING ADVICE 2. PRESENT PLANS TO HUNTER WATER FOR 'PLAN STAMPING' 3. MAKE DEVELOPMENT ASSESSMENT APPLICATION 4. SERVICING STRATEGY 5. NETWORK DESIGN 6. NETWORK CONSTRUCTION Land Development cycle completed 7. HUNTER WATER ISSUES COMPLIANCE CERTIFICATE (s.50) Connect buildings to services and establsih customer account with Hunter 8. DEVELOPER MAKES APPLICATION TO CONNECT Submit a Building Services Application BUILDING SERVICES CONNECTION APPLICATIONS Simple Complex Connecting your Development to Hunter Water's water and sewer services SMALL SCALE SUBDIVISION EXISTING DEVELOPMENT LARGE SCALE COMMERCIAL / INDUSTRIAL SUBDIVISION (greater than 5 lots) 1. INTERNAL BUILDING SERVICES - WATER & SEWER 2. STATEMENT OF AVAILABLE PRESSURE (SAP) 3. TRADEWASTE 4. TEEE & VALVE (T&V) Land Development Manual 12

6.1 Preliminary Servicing Advice Depending on the size and status of your development Hunter Water offers a service to investigate the possible water and sewer servicing issues that may be applicable to the development proposal (Preliminary Servicing Advice). This advice is typically required for large scale developments, or those that require the rezoning of land. Preliminary Servicing Advice provides general information on water and sewer issues relevant to the proposal and is based on Hunter Water s knowledge of its system performance and other potential development in the area at the time of application. Where available, this advice may contain tentative connection points to the existing water and sewerage systems, along with commentary on capacity availability and any other service requirements pertinent to the proposed development, such as the need to prepare servicing strategies (refer to Section 7.1 for more details). As there may be a significant period of time between a band rezoning and the subsequent development application proceeding, preliminary servicing advice is not a commitment by Hunter Water and may be subject to significant change prior to the development proceeding. When you proceed with a development application you will need to lodge a further Development Assessment Application with Hunter Water to determine the formal requirements that will apply. Hunter Water will then issue a Notice of Formal Requirements. You will need to comply with each of the requirements in this Notice before a Section 50 Compliance Certificate for the specific development is issued by Hunter Water. 6.2 Plan Stamping Prior to lodging a development application with Council, you will be required to have your plans stamped by Hunter Water. There is a small fee required for this process, as listed in Section 8 of this Manual. The process of plan stamping identifies whether: Water and sewerage facilities are available to the proposed development A Development Assessment Application for a Section 50 Compliance Certificate is required The proposed development is located clear of any Hunter Water assets (particularly gravity sewer mains that tend to traverse land) If an application for a Section 50 Compliance Certificate is required, this will be required to be submitted and paid for at the time of plan stamping. If the proposed development is thought to be located over a sewer main, an application to build over the sewer main will also be required to be submitted and paid for at the time of plan stamping (for single dwellings). Build over sewer requirements for other forms of development, for example multi residential, commercial or industrial development, will be assessed as part of a Development Assessment application. The plan stamping process will also identify whether you will be required to return to Hunter Water to make further relevant applications. The plan stamping process will also identify whether you will be required to return to Hunter Water to make further relevant applications, including: Land Development Manual 13

Water and Sewer Extension Services Connection Hydraulic Design Assessment (plans required) Trade Waste Pressure Sewer Connection Disconnection of Sewer Return Water Meter 6.3 Development Assessment Application (Section 50 Compliance Certificate) You must apply for this certificate and pay a Development Assessment application fee to Hunter Water to investigate the requirements for your proposed development. Hunter Water will issue a Notice-of-Requirements letter detailing the assessment and requirements to be met that are specific to that development. Application for Developer Assessment Section 50 Certificate A Section 50 Compliance Certificate can be issued by Hunter Water only after all requirements in the Notice-of-Requirements are completed. 6.3.1 What You Need to Provide With Your Development Assessment Application Specific information is required to be submitted by the developer, or the developer s agent, that allows Hunter Water to complete the assessment. Failure to provide the necessary information may result in delays with Hunter Water s assessment. The information required varies with the proposed development type as discussed below: Create New Lots of Land through the Subdivision Process or Boundary Adjustments The following information is required when you are lodging an application with Hunter Water for subdivision or boundary adjustment: A copy of the subdivision plan (including total lots to be created) Application fee (as detailed on the form) Complete Part A of the Application Form Details as to whether the subdivision is to be staged and if so provide an overall staging plan, the number of stages and the stage number relevant to this application Identify whether the land is currently vacant Council s Development Censent Conditions (not required at the initial application stage, however will be required before issuing of a Section 50 Certificate) Medium Density Residential Developments (Dual Occupancies, Unit Developments) The following information is required when you are lodging an application with Hunter Water for Medium Density Residential Development: One copy of the site plan, floor plan, and evaluation plan Application fee payment Detailed description of development, complete Part B of the Application Form Description of any existing development Council s Development Consent conditions (not required at the initial application stage, however will be required for the issuing of Section 50 Certificate) Land Development Manual 14

Commercial or Industrial Development The following information is required when you are lodging an application with Hunter Water for Commercial/Industrial Development: One copy of the site and floor plan Application fee Detailed description of development, complete Part B of the Application Form Description of any existing development Process data for industrial development, like annual water demand, peak demand, firefighting requirements, sewer discharge, any special servicing needs, discharge characteristics Council s Development Consent conditions (not required at the initial application stage, however will be required for the issuing of Section 50 Compliance Certificate) 6.4 Make Application for Water and Sewer Extensions to an Existing Development If your property currently does not have water or sewer services, you may apply to Hunter Water to see if it is feasible to extend services to your property. You may be required to pay a capital contributions to access system capacity in Hunter Water s network prior to connection to services (refer to Section 7.6). 6.4.1 What You Need to Provide with Your Application for Water and Sewer Extensions to an Existing Development Application fee (as detailed on the form) Property details (lot and deposited plan number and street address) Identify whether the land is currently vacant or, if not, what existing development is on the land 6.5 Hunter Water Will Investigate Your Proposal Upon receipt of an application, Hunter Water will undertake an assessment of the proposed development. Each proposed development is a unique mix of development type and location, and requires an investigation by Hunter Water to determine: The impact of the proposed development on existing water and sewer systems The additional capacity that may be needed to serve the development Whether works need to be built (ie new reticulation systems and lead-in mains that may be required to provide a point of connection for the proposed development) Whether more detailed investigation is required, for instance, servicing strategies or options assessment. Typically, if required, these are funded by the developer and later assessed by Hunter Water for a fee The aim of Hunter Water is to ensure that the existing system is extended and utilised in the most efficient way. It is the developer s responsibility to make sure their plans for connection fit with Hunter Water s strategies. This may mean you need to: Prepare draft reticulation layouts or servicing strategy reports Investigate the feasibility of options and commercial impact to overall development Obtain Hunter Water s agreement before any design work is carried out Land Development Manual 15

6.6 Hunter Water will issue a Formal Notice of Requirements Letter Upon completion of Hunter Water s investigation a Formal Notice of Requirements letter will be mailed to you. This Notice will detail what you are required to do in order for the services to be provided to your proposed development and a Section 50 Compliance Certificate to be released. 6.7 What You May Be Required To Do Although the requirements for each development vary, the most common are: Design and construct infrastructure which join or augment Hunter Water s water and sewer reticulation systems. Depending on the size and extent of the proposed development, this may include requirements to prepare servicing strategies, water, sewer or both Design and construct major assets which will connect to Hunter Water s water and sewer reticulation systems (such as pumping stations, rising mains etc). Pay any applicable charges (which may include a Developer Charge, Design and Construction fees, Servicing Strategy Review fee, and Environmental Assessment Review fee) Conditions for Building Over Sewer if required (Refer to Section 7.3) Advice on accessing third party properties Advice on other Hunter Water Services that may be required for your development Pay reimbursement (Refer to Section 7.4 for more details) Pay Capital contribution (Refer to Section 7.5 for more details) Hunter Water may require the developer to prepare designs for the works which are required to connect the proposed development to the existing water or sewer systems of Hunter Water. You will need to engage an accredited design consultant to prepare these designs. You will also be required to enter into a contract with Hunter Water to enable construction of the works. The works, if constructed to Hunter Water s Standards, are handed over to Hunter Water to operate and maintain after practical completion has been achieved. The works required are divided into two categories: Minor Works; and Major Works These are described in more detail in Sections 6.7.1 and 6.7.2. 6.7.1 Constructing Minor Works If you are undertaking less complex works, it may be possible for you to enter into a Minor Works Contract - Minor Works Terms and Conditions. This may be used when your development requires: A short sewer extension, relocation or replacement, of less than 25m in length and less than 1.5m in depth, not requiring dewatering or other special construction techniques, traffic control or special environmental protection measures, in which case a licensed plumber may be used. Land Development Manual 16

6.7.2 Constructing Major Works Larger developments will require detailed survey and design, by an accredited design consultant. Once the designs are approved by Hunter Water, a Major Works Instrument of Agreement Contract will be issued to you. Once the Agreement is executed, and the fees covering the inspection and work-as-executed survey fees are paid, work may commence. Please note Hunter Water s inspectors require: Three days notice of intention to commence work; and At least ten days notice if a water main shutdown is required Some helpful information: Development Assessment Section 50 Compliance Certificate Developer Fees and Charges Miscellaneous Fees 6.8 Permit to enter land If the proposed works traverse land owned by other parties, you will be required to obtain a Permit to Enter from those parties to construct the works on their land. You are responsible for negotiating entry, restoring the land to the pre-development condition and to compensate the owner should the works damage or interfere with, a building or other structure on the land or if a manhole or vent stack is constructed on the land. 6.9 Review of environmental factors Please note that a Review of Environmental Factors will be required for any works external to a particular development site, or where the service design includes infrastructure or activities that may have environmental impacts that would have not been specifically addressed in the consent authorities assessment and determination of the proposed development. Examples may be the construction of new or augmented water and sewer pump stations, sewer vents, trunk mains, reservoirs, development in a Wastewater Treatment Plant buffer zone, or development in a water reserve. Furthermore, a Controlled Activity Approval will be required from the SNW Office of Water for any excavation within 40m of a water body or should groundwater be present. Hunter Water requires that all REFs submitted under Part 5 of the Environmental Planning and Assessment Act 1979 be prepared in accordance with the Hunter Water Review of Environmental Factors (REF) Guidance Notes, a copy of which can be found in the Building and Development section of the Hunter Water website. The notes provide minimum requirements and an example table of contents for the preparation of a REF. All REFs submitted to Hunter Water in support of an application for approval of an activity must comply with the REF content requirements set out in the guidelines. Submissions that do not comply with the guidelines may be rejected or may require revision. The REF must clearly demonstrate that the proponent has identified all environmental impacts of a proposal and mitigation measures to minimise impacts. The REF must also be appropriate to the nature and scale of the proposal and must be specific to the proposed water or wastewater works and not the related development. For example, related studies for the adjacent development may be used to support an assessment but specialist studies must cover the entire location of the proposed works. Prior to commencement of environmental assessment please contact the Hunter Water Developer Services Group to confirm the scope and consultation requirements, including if Land Development Manual 17

specialist assessments are needed. Early consultation with Hunter Water may avoid unnecessary time and costs in the preparation of the REF. 6.10 Hunter Water Issue of Approval Once you have met all the conditions of the Formal Notice of Requirements, Hunter Water will issue you with an approval in the following form: For development a Compliance Certificate under Section 50 of the Hunter Water Corporation Act 1991; or For water and sewer extensions a letter confirming you have met Hunter Water s requirements. 6.11 Other Approvals You May Need Prior to Connection of Water and Sewer The following Building Services Applications to Hunter Water may be required prior to connecting developments to the water and sewerage infrastructure. 6.11.1 Hydraulic Design Assessment To ensure compliant connections to the water and sewer infrastructure, Hunter Water may require the submission of a Hydraulic Design Assessment. The Hydraulic Design Assessment will review water and sewer connections, metering of the supply of drinking water and wastewater discharge from the proposed development, trade waste pre-treatment facilities, and other technical requirements. A hydraulic design assessment is required where any of the following are wholly or partially part of the proposed development: Residential Three or more residential units on a single lots Property water service 32mm or greater Development which requires a fire service or an alteration to an existing fire service (fire hose reels, wall/window drencher, fire hydrant system, fire sprinkler system) Private pressure sewer pump system Alternate water supply other than rainwater Non-standard water service property does not have direct frontage to the water main Development outside normal connection criteria Commercial / Industrial Property water meter 25mm or greater Development which requires a fire service or alteration to an existing fire service (fire hose reels, wall/window drencher, fire hydrant system, fire sprinkler system) Development which requires a pressure boosted water system (pumped) Private pressure sewer pump system Alternative water supply other than rainwater Non-standard water service Discharge of trade wastewater Water is supplied to a manufacturing process Land Development Manual 18

The plumbing design is the responsibility of the hydraulic consultant / licenced plumber engaged by the developer / property owner and Hunter Water does not accept any responsibility for the design, operation, performance, or accuracy of the installation. Should there be any enquiries regarding requirements of the Hydraulic Design Assessment process please contact Hunter Water Technical Services on 1300 657 657. All Hydraulic Design Assessment Applications should be lodged at a Hunter Water Customer Centre or electronically (developer.applications@hunterwater.com.au) and include the following information: The location of any Hunter Water assets and easements where applicable Location of existing water meters and sewer connections Existing site containment backflow (type and size) Type of connection to Hunter Water s sewer system eg. Inspection shaft or boundary trap The reduced level (RL) of sewer overflow gullies, finished floor level (FFL), basement FFL One in hundred year flood level for the site Location of sewer inspection shafts for individual strata units Indicate where and how water is to be used in onsite processes Cross connections between Hunter Water s water system and other water systems Trade waste pre-treatment facility size, type and description Air conditioning cooling towers (settlement pit required) The developments probable simultaneous water supply demand in litres per second The total daily sewerage discharge to Hunter Water s sewerage system if known Information and design drawings if the scope of works extends outside confines of the property boundaries Management / ownership plans Registered strata / stratum plans Rainwater tanks and size (Hunter Water Customer Contract Clause 8.7 rainwater tanks >20,000 litres may require metering) Once the Hydraulic Design Application has been assessed, correspondence will be forwarded to you outlining the technical requirements for your development. These requirements may include but not be limited to: Hydraulic Design Assessment Requirements Tee and Valve Application Trade Waste Application Non Standard Water / Sewer Agreement Connection Applications and related fees 6.11.2 Trade Waste The wastewater discharge from some customers includes not only general domestic sewerage, but also substances defined as trade waste under Hunter Water s Customer Contract. This trade waste discharge may have the potential to detrimentally impact the sewerage system and the sewerage treatment process. Such customers are required to enter into a Trade Waste Agreement with Hunter Water. They may also be required to incorporate pre-treatment facilities within their internal sanitary drainage systems to ensure that their wastewater discharge, complies with the allowed characteristics for wastewater discharged to Hunter Water s sewerage system. These allowed characteristics are nominated in Hunter Water s Trade Waste Policy Land Development Manual 19

6.11.3 Tee and Valve Application A Tee and Valve Application (installation) is required for all developments that propose a water service connection of 80mm or greater. A Tee and Valve Application (removal) is required for all developments where an existing tee and valve connection becomes redundant, or there is an existing redundant tee and valve fronting the property boundary. 6.11.4 Statement of Available Pressure A Tee and Valve Application (installation) is required for all developments that propose a water service connection of 80mm or greater. A Tee and Valve Application (removal) is required for all developments where an existing tee and valve connection becomes redundant, or there is an existing redundant tee and valve fronting the property boundary. 6.12 Application to Connect to Hunter Water Services When your development has been assessed and approved, and any necessary Building Services applications approved by Hunter Water, you will then be required to engage a licenced plumber to connect your development to Hunter Water s water and sewer systems. A water and sewer connection application will be required to be submitted to Hunter Water for any of the following: New water and sewer connections Disconnection and reconnection of existing services Upgrades to existing water services Alterations to water meters Prior to submitting a water and sewer connection application please ensure you have the following approvals: Section 50 Compliance Certificate; and Hydraulics approval letter (if required) It is important to note that if you are subdividing land, the subdivision will need to be registered with the Land & Property Information Authority before the new lots can be connected to Hunter Water s water and sewer systems. 7 SUPPORTING INFORMATION AND POLICIES 7.1 Servicing Strategies Hunter Water operates an extensive system of network infrastructure for providing water and wastewater services to the community. To plan for growth and the integration of these systems, Hunter Water prepares regional water supply distribution and wastewater transportation servicing strategies. These strategies are generally prepared from the broader regional perspective and identify major works required that form the backbone of the system. To help ensure that Hunter Water is able to provide timely availability of system capacity, a number of regional servicing strategies have been prepared and are updated over time by Land Development Manual 20

Hunter Water. Completion of local developer funded strategies and the extension of services must be consistent with the regional strategies under taken by Hunter Water. Hunter Water s regional strategies do not necessarily address servicing issues for specific development lands or pockets of unserviced land that may be of interest to a developer. In most cases, water and sewerage services can be provided by the extension of mains utilising existing assets such as pump stations and carrier mains. In situations where this is not possible, or not clearly evident, the developer is required to investigate the optimal servicing arrangement for that particular site. The need for a local servicing strategy funded by the developer may be required in the following circumstances: Land remote from existing network infrastructure where the most suitable point of connection needs to be investigated further Large developments with either a high water demand or a sewer loading that requires new or augmented transportation systems, pumping stations and storages Land elevated above the existing water supply boundaries where new infrastructure, like booster stations or local high-level storages, may be required Land with multiple sub-catchments that require a new wastewater pump station to transport flows into an adjoining sewerage system Unserviced fringe areas where alternative sewerage systems may be required (for example pressure sewer systems) The results of these investigations are to be presented as a Local Servicing Strategy Report for Hunter Water review and approval (assessment fees apply). Hunter Water has developed a servicing strategy template to help the accredited design consultant engaged by the developer to prepare a servicing strategy. This helps ensure that the required information is presented in a consistent format and that sufficient analysis is provided to support the selection of a preferred optimal servicing solution. A copy of this template is available upon request from the Developer Services Group. 7.2 Easements In very limited circumstances, Hunter Water may permit a developer to provide reticulation services and points of connection to new development via easements, in lieu of standard connection arrangements. Strict criteria apply. Easements continue to be disputed between successive land owners and Hunter Water recommends that each lot be independently served ie without reliance on other parties for ongoing permission to occupy the land with services. Where an easement is to be created to provide water or sewer services, the following requirements apply: The easement must be shown on the final plan of subdivision and one copy of that plan sent to Hunter Water for approval The easement must be created under Section 88B of the Conveyancing Act of 1919 and a copy of the instrument of dedication forwarded to Hunter Water for approval Where major infrastructure, for example a wastewater pumping station and rising main, is constructed to serve a new development, the developer is to obtain easement rights or freehold title (vested in Hunter Water) for the infrastructure, including access, services, and water/rising mains prior to practical completion of these works. Please contact the Developer Services team for confirmation of which method applies and the standard easement wording required. Land Development Manual 21

Generally all works (including batters, embankments, retaining walls and flow relief structures) should be contained within an easement if wholly within a public reserve or a designated lot if not within a public reserve. Access, services, and water/rising mains should be contained within an easement. The developer is required to pay all costs associated with obtaining and transferring land or easements to Hunter Water. 7.3 Build Over Sewer Hunter Water maintains a network of sewer mains some of these assets are located on private property and intermittently access is required for maintenance and operation to ensure continued serviceability. The presence of a building or structure over a sewer main can restrict or preclude Hunter Water from accessing the main. To minimise the potential risks, Hunter Water requires developers to relocate or replace sewer mains that are under buildings prior to building work commencing. This work is at the developer s expense and can usually be carried out by an accredited construction contractor. All footings crossing or adjacent to a sewer main should be strengthened or underpinned to prevent loading upon the sewer and to protect the stability of the structure in the event of subsidence of the sewer trench, collapse of the sewer, or excavation by Hunter Water to repair or maintain the sewer. In this regard, it may be necessary to consult a competent designer or structural engineer. Special consideration to footing design should extend to land within the Zone of Influence. This is a nominal strip of land (usually about twice as wide as the sewer is deep). Hunter Water requires a minimum working clearance of 1.5 metres from the centre of any access chamber to a building wall. The approximate location of services can be determined from the plan attached to the Notice of Requirements. A surveyor or building contractor should confirm the actual location as part of the design and prior to works commencing. Enquiries regarding Hunter Water Corporation s Commercial Building Over Sewer Main Policy should be directed to the Developer Services Group. 7.4 Cost Sharing Arrangements Where Asset is Greater than Minimum Size for a Single Development As development occurs it is generally necessary for the developer to provide the necessary local reticulation and extend the network, amplify existing assets where necessary to provide sufficient service capacity. These works arise under a range of different scenarios. Some works will be local in nature and therefore required to be constructed and fully funded by the lead developer(s). Other assets may provide a broader community benefit and Hunter Water may contribute the marginal upsizing cost. There will be some larger type assets which are regional in nature and would generally be designed, constructed and funded by Hunter Water to serve broad populations. Where Hunter Water agrees to contribute to the cost or fully funds the works, the costs are recovered through tariff pricing paid by our connected customers. Given the diverse range of potential scenarios which may arise, Hunter Water has developed guidelines to clarify the application of the cost sharing policy where Hunter Water requires a particular asset to be greater than the minimum size to serve a single development. Land Development Manual 22

The underlying principle for requiring assets greater than the minimum size for a single development is that the upsized asset represents the least present value cost option from a total community perspective compared to the construction of separate multiple minimum size assets by individual developers on an ad-hoc basis. There are essentially three types of cost sharing arrangements where assets are greater than minimum size: 1. Fully funded by the lead developer with potential for reimbursement by future developers ie local development area asset 2. Partially funded by Hunter Water for upsizing, ie local development area asset with potential to service growth in adjoining areas 3. Fully funded by Hunter Water for large scale assets serving broad populations. Enquiries on Hunter Water s Cost Sharing Arrangements Where the Asset Is Greater than Minimum Size for a Single Development Policy should be directed to the Developer Services Group. 7.5 Reimbursements Contributing to Developer Funded Assets The major infrastructure such as dams, treatment plants, reservoirs, pump stations which form the back bone of the network and service the broader community are generally provided by Hunter Water. The cost of capacity in these assets for growth is recovered through tariff charges paid by the connected customers. This is in accordance with policy settings of Government and the Independent Pricing and Regulatory Tribunal (IPART) methodology, where applicable. The extension of services from the major network to individual lots usually occurs when developers create subdivisions. There are occasions however, when owners of existing unserviced lots (adjacent to serviced areas) may make application to extend services and connect to Hunter Water s system. Where developers extend services to a new development and others benefit by connecting and using the asset then reimbursements are payable by the benefitting parties. Developer funded assets will be reimbursable for a period of 15 years from completion of construction and handover of the assets to Hunter Water. A benefitting party does not include purchasers of parts of the initial development lot to which the lead developer extended services. In such cases, it is assumed that the developer recovers the costs of extending services in the purchase price of the lot. The actual reimbursement amounts are calculated by Hunter Water and reflect the costs to construct the assets either on a pro-rata frontage basis or capacity utilised. Specific details are available by contacting Hunter Water s Developer Services Group. 7.6 Capital Contributions for Existing Development Accessing System Capacity Where a property owner applies to connect an existing development to Hunter Water s network assets, Hunter Water may require the property owner pays a capital contribution to access system capacity in our network and where developer funded infrastructure is utilised a re-imbursement may also be payable. An example may be where an existing industrial development is connected to the water network and wishes to abandon their onsite treatment and disposal of wastewater to then connect to the sewer services of Hunter Water. Land Development Manual 23

7.7 Bonding of Outstanding Development Requirements Where Major Works are to be constructed to serve new development, in limited circumstances Hunter Water may permit the developer to lodge a bond to enable the early release of the Section 50 Compliance Certificate in advance of issue of Practical Completion for the works. Generally the bonding of Minor Works is not permitted due to the very short duration for completion. The following should be noted: First contact the Developer Services Team and inquire as to what potential there may be to bond works. If Hunter Water agrees that bonding of works may be entertained then you will be required to lodge an application and pay the assessment fee. A covering letter should be provided with the application outlining why the bonding of works is required, together with a construction timetable for the completion of works. Only the value of outstanding works to be constructed and the interim servicing arrangements (for example road tankering) may be bonded. Developer charges, contributions towards previously laid mains and any other amounts must be paid prior to the issue of the Section 50 Compliance Certificate Final design plans must have been lodged with, and approved by, Hunter Water. Environmental assessment, where applicable, must also be finalised. Hunter Water will accept the following forms of bond:- Cash, or An unconditional bank guarantee from financial institutions listed as being regulated by Australian Prudential Regulation Authority www apra.gov.au. The bank guarantee must not have an expiry date. 7.8 Alterations to Roads, Driveway Access and Finished Surface Levels In some developments, because new roads have been built or existing roads or footways altered, Hunter Water may require existing water or sewer mains to be changed. In addition, if nominated site surface levels are altered, it may be necessary to adjust new or existing sewer main maintenance holes. The developer must contribute all associated readjustment / relocation costs should any of these situations arise. If a driveway is proposed to be constructed over a water main located in the footpath, the developer will be required to ensure Hunter Water s minimum clearance requirements are met. If these requirements cannot be met, the developer may be required to adjust the position of the water main. Typically cover to water mains may be impacted where heavy vehicle access is required and the design of the driveway is by necessity deeper than usual reducing the clear cover to the water main. In such situations the developer is required to engage the service of an accredited design consultant to complete a Major Works design detailing the adjustment and protection measures required. Such crossings are required to be designed to not increase the loading or transfer loading to the assets below. 7.9 Future Subdivision of Development Hunter Water requires the provision of separate water and sewer connections to each lot of land. Therefore if you are lodging an application for a development such as a duplex, which may be subdivided at a later date, it may be beneficial for you to provide separate points of water and sewer connections for the future lots now rather than try and install them at a later date (typically after the site has been fully landscaped). In such circumstances, Hunter Water may approve a combined building and subdivision proposal in one application. Land Development Manual 24

7.10 Community Title Subdivisions Subdivisions carried out under the Community Land Development Act 1989 can be provided with water and sewer services by either of the following arrangements: Internal Hunter Water mains - Each lot within the subdivision is provided with its own sewer and water connection. Hunter Water issues accounts on each lot owner as an individual customer. The acceptance of this servicing arrangement requires internal road/access designs to meet Hunter Water s standards. Formed grassed footways, kerb and gutter and building setbacks need to comply with the acceptance criteria. Hunter Water will require that the Management Statement for the Community Title Development includes specific clauses to ensure Hunter Water has access to Hunter Water s infrastructure. The developer must meet the requirements of Hunter Water s Dealing No. E476715 and on this basis each lot owner will become an individual customer of Hunter Water. The works are required to be handed over to Hunter Water to own, operate and maintain. Hunter Water requires a solicitor s undertaking that the Dealing will be contained in the Management Statement and that a copy of the Management Statement will be forwarded to Hunter Water following its registration. The Dealing requires the water and sewer mains for this development to be contained within statutory easements. These easements must be listed in the Management Statement for this development. Internal community association mains The design of some developments may not be compatible with Hunter Water s requirements. For example, the desired layout of buildings and driveways may not leave sufficient open space to provide access to Hunter Water s Infrastructure. In these circumstances, the development can be serviced by only one water and one sewer point of connection to the lot owned by the Community Association. The Community Association is Hunter Water s customer in this situation and as the owner of the internal water and sewer services is responsible for the provision and maintenance of water and sewer services to each of the individually owned lots in the subdivision. Hunter Water requires a solicitor s undertaking that the following statement will be contained in the Management Statement and that a copy of the Management Statement will be forwarded to Hunter Water following its registration: Water and sewer services are supplied by Hunter Water Corporation to the boundary of the lot owned by the Community Association. The Community Association is responsible for the provision and maintenance of the internal water and sewer services and the payment of Hunter Water Corporation accounts. 7.11 Non Standard Servicing Alternatives In some instances a property may be remote from Hunter Water s services. A possible servicing option in these circumstances is for the owner to apply to connect the property via a non-standard water or sewer connection. The property owner will be required to sign a nonstandard agreement with Hunter Water acknowledging and accepting the terms and conditions under which such a connection is permitted. Under this agreement, the owner is responsible for the design, construction, operation and maintenance of the non-standard system and all associated costs (including electricity if applicable). Land Development Manual 25

Should a reticulated water or sewerage system become available for connection, the nonstandard system is to be disconnected and the property connected to the reticulated system at full cost to the owner. If the property is sold, the new owner will need to enter into a private non-standard agreement with Hunter Water. The key elements of the current non-standard agreement are as follows: The property owner constructs, operates and maintains the private infrastructure It must be signed by the property owner and any subsequent owners are to be advised of the terms of the agreement. The agreement binds all current and future property owners In accepting the connection conditions, the property owner is acknowledging disruptions to water supply may occur and Hunter Water is not liable to provide back-up supply If your connection is to a trunk water main, approval to connect is on the basis the connection configuration is as specified by Hunter Water and supply is into a water tank Significant fluctuations in service performance Under a non-standard sewer system arrangement, a private pump unit is installed on each parcel of land, pumping via a rising main to the nearest suitable connection point to the existing sewerage system. This pump unit will have to comply with Australian Standard AS/NZS3500 and the Plumbing Code of Australia (which is part of the National Construction Code Series), and will be subject to local council approval under the Local Government Act 1993. 7.12 Point of Connection to Water, Sewer and Dual Reticulation (Recycled Water) Hunter Water requires the developer to provide all newly created lots with separate points of connection to water, sewer and dual reticulation (if applicable). If a development results in the need to relocate existing services to the new points of connection it is the developer s responsibility to ensure that this is done. 7.13 Water Pressure Hunter Water s Operating Licence requires the supply of water to a minimum pressure of 20 metres at street level. However, land and buildings which are elevated relative to the water main could suffer reduced pressure during periods of high demand. Landowners should make some assessment of these factors and where necessary install pressure booster systems at their expense. 7.14 Undrainable Areas It is the owner s developers responsibility to determine whether it is practical to discharge wastewater from all parts of the property to existing Hunter Water services. There are various steps you may be required to take to ensure sewer connection, such as: Place fill on the land, raising the floor level of any proposed building Install a privately owned pump-out system If either of these options is not viable, you may be required to establish a restrictive covenant over the land to ensure that subsequent owners are made aware of the undrainable areas. 7.15 Developer Works Entry onto Third Party Property The developer is required to negotiate land entry with all impacted land owners, occupiers or other stakeholders in the land. Land Development Manual 26

The developer must select a design that minimises any residual impacts over the land that they are seeking entry permission for, seek out the views of the impacted property owners, documenting that feedback, any objections and issues raised and modify the design of works to mitigate such impacts. The developer must seek the views of Hunter Water as to the preferred network design and undertake all negotiations and complete any commercial negotiations as necessary. 7.15.1 Design Alternatives The lowest capital cost network design and construction methodology may not represent an appropriate design solution to an impacted land owner. It may become necessary for the developer to consider various construction methods, alternative alignments, operational or maintenance methods that may necessitate modifying the network design to minimise or eliminate any residual impacts to the impacted property owner(s). In such circumstances the developer should inform Hunter Water of the proposed design amendments prior to offering any commitment to an impacted property owner of a particular design outcome. Designs must comply with the WSAA Water and Sewer Design Standards Hunter Water Edition, as amended from time to time. 7.15.2 The role of the Developer The developer is required to undertake all negotiations and where necessary enter commercial agreements, pay compensation, or provide in kind works on whatever basis is to the mutual satisfaction of the parties. Any commercial settlement offered by the developer is a matter for the developer to consider balancing their need to progress development with the needs of the land owner. Developers shall minimise disturbance and mitigate all adverse impacts where ever practical to do so. The developer must furnish to Hunter Water completed land entry permits executed by the impacted land owners as evidence of satisfactory conclusion being reached between the parties. Generally compensation may be offered by the developer in the form or reinstatement, repair, construction of works, or monetary payment. 7.15.3 The role of Hunter Water Hunter Water will not take part in, or be a party to, developer s commercial negotiations with impacted land owners and will not comment on the appropriateness of any commercial arrangement entered into by a developer. 7.15.4 Dispute Resolution The impacted parties may dispute a compensation offer made by a developer necessitating further actions to resolve the dispute: a) The developer needs to obtain a registered valuer s valuation report that they used as the basis of the offer of compensation and offer it to the affected property owner or occupier; Land Development Manual 27

b) If the affected property owner or occupier wants to dispute this valuation then they will need to produce their own registered valuer s report and furnish it to the developer; and c) If the two parties still cannot resolve the dispute then it will be necessary for the parties to enter formal mediation or arbitration to resolve the matter. 7.15.5 Timing of Resolution Compensation issues must be resolved before: a) Entry; or b) The work is accepted; or c) A Section 50 Compliance Certificate is issued or a bond is released Land Development Manual 28

8 PRICING 8.1 What is it going to cost? Hunter Water s overall pricing structure is determined by IPART, an independent NSW Government agency that sets prices for a range of government services including water, public transport and aspects of gas and electricity charges. IPART carries out periodic reviews of Metropolitan water agency prices. In the lead-up to each pricing determination, IPART seeks input from interested persons in the form of written submissions and holds a public hearing to discuss any of the matters raised. Further information on this process can be obtained from IPART. In July 2013, IPART set Hunter Water s water, sewer, stormwater drainage and miscellaneous charges for the four years to 30 June 2017. 8.2 Miscellaneous Services and Fess IPART set a range of charges for miscellaneous services that are not used by all customers. These are additional charges you may incur and are generally paid up-front. They cover a wide range of services such as: Initial connection to the water or sewer system Disconnection from the system A damaged meter replacement Meter testing Special meter reads For a complete list of current prices see Hunter Water s: Miscellaneous Services & Fees Schedule Developer Fees & Charges Plumbing & Technical Services Fees Land Development Manual 29

9 DOCUMENTATION 9.1 List of Standard Documentation / Checklists / Policies The following list of forms can be downloaded from www.hunterwater.com.au, samples are included below. Instrument of Agreement (Major Works) Minor Works Contract Application for Developer Services Application for Service Connection Application for Consent to Discharge Trade Wastewater Application for Build Over Asset Sewerage Design and Drawing Checklist Water Supply Design and Drawing Checklist Developer Works Entry onto Third Party Policy Bonding of Outstanding Development Requirements Policy Provision for Backlog Sewer Services Policy Trade Wastewater Policy Site Containment Backflow Prevention Policy Land Development Manual 30

Instrument of Agreement Land Development Manual 31

Land Development Manual 32

Application for Developer Services Land Development Manual 43

Application for Services Connection Land Development Manual 46

Application for Build Over Asset Land Development Manual 48

Technical Services Application 2014-15 Land Development Manual 49

Application for Build Over Asset Land Development Manual 52

Water Supply Design and Drawing Checklist Land Development Manual 60

Developer Works Entry onto Third Party Policy Land Development Manual 66

Bonding Of Outstanding Development Requirements Policy Land Development Manual 70

Provision for Backlog Sewer Services Land Development Manual 76

Trade Wastewater Land Development Manual 82

Site Containment Backflow Prevention Land Development Manual 85