Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-9-8 - Subdivisions8.1. All subdivisions or housing developments originating after July 1, 1970, the effective date of the original regulations, shall be served by a method of sewage disposal approved by the director.8.2. In the event individual sewer systems are proposed as the desired method of sewage disposal for a subdivision, the property owner shall obtain written approval from the director in compliance with the provisions of this rule; W. Va. Code '16-1-7 and the procedures set forth in Sewage Treatment and Collection System Design Standards, 64 CSR 47. In addition, a permit for each individual sewer system within the subdivision shall be obtained in compliance with Section 4 of this rule.8.3. The replatting of a prior recorded plat or of a subdivision which originated prior to July 1, 1970 is not exempt from the provisions of this rule. The prior platting of a portion of a larger tract prior to July 1, 1970, does not exempt the remainder of the tract from the provisions of this rule.8.4. The division of land through public or private auction sale or through the terms of a will or court order constitutes a subdivision under the provisions of this rule. It is the responsibility of the owner of the land or the executor of the will to meet all requirements of this rule.8.5. In instances where a lot was purchased or acquired for dwelling construction, and either its deed was recorded prior to July 1, 1970, or the lot was laid out, described and designated on a map of a subdivision, which map was recorded prior to July 1, 1970 and where a public water supply system is available, but a public sewer system is not available, no individual sewer system is permissible on any lot, site or area containing less than ten thousand (10,000) square feet.8.6. In instances where a lot was purchased or acquired for dwelling construction, and, either its deed was recorded prior to July 1, 1970 or the lot was laid out, described and designated on a map of a subdivision, which map was recorded prior to July 1, 1970 and where neither a public sewer system nor a public water supply system is available, no individual sewer system is permissible on any lot, site or area containing less than twenty thousand (20,000) square feet.8.7. The director may waive the square footage requirements stipulated in Subsections 8.5 or 8.6 of this rule if he or she has been petitioned and has ascertained through a hearing, an on-site inspection, percolation tests and other requirements of this rule that an individual sewer system can be expected to function satisfactorily on a lot, site, or area containing less than the minimum prescribed number of square feet.8.8. All lots originating prior to May 12, 1983, where individual sewer systems are proposed, shall comply with Subsection 3.1 of this rule.8.9. Where the use of on-site soil absorption systems is proposed, the procedures and requirements of Subdivisions 8.9.a through 8.9.g of this rule apply. The owner of the subdivision shall obtain written approval for the proposed subdivision from the division of health prior to initiation of construction. 8.9.a. All lots less than two (2) acres in total surface area or lots with an average frontage of less than one hundred and fifty (150) feet) shall contain a minimum on-site disposal area of ten thousand (10,000) square feet, which shall be set aside for the installation of standard soil absorption system(s). No development or structures are permissible on this on-site disposal area other than those comprising the individual sewer system(s). The layout of each reserve area shall be such that ten thousand (10,000) square feet is usable for the installation of standard soil absorption system(s). Where multiple reserve areas are used, each shall be three thousand (3,000) square feet or more in size.8.9.b. Area consisting of land sloping in excess of twenty-five percent (25%), or land in an existing or proposed public road may not be utilized in establishing the minimum area for lots in accordance with the requirements of Subsection 8.9.a of this rule.8.9.c. Area consisting of land containing rock strata or seasonal high water table within five (5) feet of the ground surface may not be utilized in establishing the minimum area for lots in accordance with the requirements of Subsection 8.9.a of this rule. Area consisting of land not in compliance with the minimum separation distances listed in Sewage Treatment and Collection System Design Standards, 64 CSR 47, may not be utilized in establishing the minimum area for lots in accordance with the requirements of Subsection 8.9.a of this rule.8.9.d. Area consisting of land which has been determined through testing to have a percolation rate slower than ninety (90) minutes per inch shall not be utilized in establishing the minimum area for lots in accordance with the requirements of Subsection 8.9.a of this rule.8.9.e. Area where routine seasonal flooding occurs may not be utilized in establishing the minimum area for lots in accordance with the requirements of Subsection 8.9.a of this rule unless approved by the director.8.9.f. All lots two (2) acres and over shall contain a minimum on-site disposal area of ten thousand (10,000) square feet, which shall be set aside for the installation of standard or alternative soil absorption system(s). No development or structures are permissible on this on-site disposal area other than those comprising the individual sewer system(s). The layout of each reserve area shall be such that ten thousand (10,000) square feet is usable for the installation of standard or alternative soil absorption system(s). Where multiple reserve areas are used, such areas shall be three thousand (3,000) square feet or more in size.8.9.g. Alternative systems which may be considered for new construction on lots two (2) acres and over include low pressure systems, mound systems, shallow and elevated soil absorption systems, experimental systems, and unique systems designed for specific situations.