§ 13-5-112. Odenton Town Center Sanitary Subdistrict.
   (a)   Establishment. There is an Odenton Town Center Sanitary Subdistrict, the boundaries of which are set forth on a map entitled "Map of Odenton Town Center Sanitary Subdistrict" dated July 12, 2010. A certified copy of that map shall be permanently kept on file by the Administrative Officer to the County Council and the Office of Planning and Zoning, and a copy shall be included in the Anne Arundel County Master Plan for Water Supply & Sewerage Systems.
   (b)   Purpose. The primary purpose of the Odenton Town Center Sanitary Subdistrict is to provide a means for the County to finance one or more capital projects in order to make improvements to the County’s wastewater system required to provide 9,000 equivalent dwelling units of additional wastewater conveyance capacity estimated to be necessary to support development of the Odenton Town Center in accordance with the Odenton Town Center Master Plan.
   (c)   Means of financing; imposition of sewer service surcharge. The County shall recover the costs of capital projects financed by the means described in this section, including the costs of interest paid on County bonds, by imposing a sewer service surcharge on all properties within the Odenton Town Center Sanitary Subdistrict newly connecting to the County's wastewater system, and on each residential, commercial or industrial property within the Odenton Town Center Sanitary Subdistrict that has an existing connection and undergoes an expansion or addition to the improvements on the property, or a change in use, that the Director determines will require an increase in wastewater flow.
   (d)   Basis of surcharge. The sewer service surcharge imposed on a property shall be based on the number of equivalent dwelling units required by the connection or by the expansion or addition or change in use as described in subsection (c).
   (e)   Calculation of rate of surcharge. Except as provided in subsection (k), the initial rate of the sewer service surcharge shall be calculated by dividing the final costs of the capital projects necessary to provide the 9,000 equivalent dwelling units of additional wastewater capacity by 9,000, with the resulting quotient constituting the sewer service surcharge imposed for each equivalent dwelling unit of capacity required by a property in accordance with subsection (d). The calculation of the initial rate shall be based on the final costs of the capital projects as determined by the Director and approved by the County Budget Officer.
   (f)   Periodic increase in rate of surcharge. The rate in effect before January 1, 2016 shall increase on January 1, 2016 by 6% or such other percentage determined by the County Council, and on each subsequent January 1st the rate then in effect shall increase by 6% or such other percentage determined by the County Council.
   (g)   Time for payment. The sewer service surcharge shall be paid in full at the time and as a condition of building permit issuance or eight years from the date of allocation, whichever is earlier.
   (h)   Other fees and charges. A property subject to sewer service surcharge under this section shall be subject to all other assessments, fees, and charges imposed under this title, and to all other provisions of this title, except as expressly stated otherwise in this section.
   (i)   Development Rights and Responsibilities Agreement. A Development Rights and Responsibilities Agreement approved in accordance with § 17-7-805 of this Code may include provisions modifying the manner in which capacity is reserved for development and the manner in which the date of allocation is determined for the purpose of establishing when fees and charges become due and payable.
   (j)   Surcharge rate prior to availability of final costs. Until the final costs of the capital projects are available for purposes of the calculation required by subsection (e), the rate of the sewer service surcharge shall be $1,411 per equivalent dwelling unit.
(Bill No. 71-10; Bill No. 24-11; Bill No. 111-15; Bill No. 84-23)