(a) Requirement. For a property required to connect to a project initiated in accordance with §§ 13-5-302 and 13-5-303 or for a project bringing private water or wastewater facilities up to County standards so that the County may accept ownership of the private facilities in accordance with § 13-5-105, the Director shall calculate the rate of the assessment to be levied in order to recover the project costs for each individual project in accordance with this section.
(b) Definition of net assessable amount. The Director shall determine the net assessable amount of a project by:
(1) establishing the project cost;
(2) subtracting any costs associated with making service available beyond the area to be served and any State aid, Federal aid, or other contributions towards the project; and
(3) adding the amount necessary to reimburse the County for the estimated interest expense of the County funds invested in the project, as determined by the Controller.
(c) Assessment determined by dividing the net assessable amount by the number of equivalent dwelling units. For purposes of the assessment, the Director shall determine equivalent dwelling units as set forth in § 13-5-804(a), subject to the limitations set forth in subsection (e). Except as provided in subsection (h), each lot shall be assigned at least one equivalent dwelling unit. The Director shall set the assessment for an equivalent dwelling unit by dividing the net assessable amount by the total number of equivalent dwelling units attributable to all of the lots to be served by the project.
(d) Assessment; residential lot. For a residential lot, the assessment shall be the equivalent dwelling unit assessment as calculated in accordance with subsection (c) multiplied by the number of equivalent dwelling units attributable to the lot, less any State aid, Federal aid, or County subsidy provided for the residential lot.
(e) Assessment; nonresidential lot. For a nonresidential lot, the assessment shall be:
(1) the equivalent dwelling unit assessment as calculated in accordance with subsection (c) multiplied by the number of equivalent dwelling units attributable to the uses on the nonresidential lot, except that for purposes of the assessment, the number of equivalent dwelling units attributable to a nonresidential lot may not exceed five for industrial uses or three for all other nonresidential uses; and
(2) the costs, as determined by the Department, to upgrade, upsize, or improve the water or wastewater facilities to serve the specific needs of the nonresidential lot that exceed the amount calculated under paragraph (1).
(f) Annual assessment. The owner of each lot shall annually pay the assessment calculated for the lot in accordance with subsection (d) or (e) divided by 30 years, or, for projects that qualify for the deferral described in § 13-5-815, divided by 40.
(g) Payment upon subdivision; change in use.
(1) If a lot subject to an assessment under this subtitle is subdivided in accordance with Article 17 of this Code, the remainder of the assessment shall be paid in full prior to approval of the subdivision plat and the remainder shall be collected as provided in § 1-8-101 of this Code and constitute a lien on the property. The Director may impose an assessment on any new lots created as a result of a subdivision.
(2) The Director may increase or decrease the assessment of a lot if the use on a lot is changed, and the Director shall adjust, as appropriate, the equivalent dwelling unit assessment among the lots included in the project area.
(h) Exemptions. Upon a request by the owner and confirmation by the Department that the lot falls into one of the below categories, the following lots are exempt from the assessment:
(1) unimproved common areas, recreation areas, or open spaces shown on a subdivision plat and owned by a nonprofit community or homeowners' association; and
(2) a lot owned by a nonprofit community or homeowners' association if no structure on the lot is served by a private water or wastewater system at the time of the calculation of the net assessable amount.
(Bill No. 80-20)