(a) Definitions. In this section, the following words have the meanings indicated.
(1) "Assessment" means the assessment imposed under §§ 13-5-601 et seq. for a connection to a wastewater extension.
(2) "Critical area" has the meaning stated in § 18-1-101 of this Code.
(3) "Eligible area" means property that is located in:
(i) the critical area;
(ii) an on-site wastewater management problem area;
(iii) an area designated in the County's Master Plan for Water Supply and Sewerage Systems as a septic to sewer conversion area; or
(iv) an area that is adjacent to one of the areas listed in (i) through (iii) and that is also within the boundaries of a wastewater extension project that includes one of the areas listed in (i) though (iii).
(4) "On-site wastewater management problem area" means an area determined to be a wastewater management problem area in the County's Master Plan for Water Supply and Sewerage Systems, as adopted by the County Council.
(b) Partial deferral. For connections to an extension of the County's wastewater system within an eligible area, the owner of a residential property with existing improvements may choose to defer payment of up to 50%, separately or in total, of the assessment and the capital facility connection charges imposed under § 13-5-813 until the earlier of 40 years after the date of connection or upon a title transfer by deed of the property. The portion of any charge or assessment that is not deferred shall be paid in accordance with §§ 13-5-601 et seq. and 13-5-813(g).
(c) Interest rate. The capital facility connection charges deferred under subsection (b) shall accrue annual interest at the bond rate established by the controller as of the date of issuance of a construction contract notice to proceed for the wastewater extension project.
(d) Lien enforcement. The capital facility connection charges deferred under subsection (b), any interest accrued under subsection (c), and any assessment charges deferred under subsection (b), shall be a lien on the property, subordinate only to the lien of State and County taxes and special benefit assessments, and payment shall be enforced at the same time and in the same manner as such taxes and assessments.
(e) Payment of deferred charges and unpaid balance. Upon the earlier of 40 years after the date of connection or title transfer by deed, except when at least one record owner remains the same either individually or as a trustee:
(i) The unpaid balance of the capital facility connection charges, plus any interest accrued under subsection (c) and § 13-5-813(g), becomes due and payable;
(ii) The deferred portion of the assessment becomes due and payable; and
(iii) The remainder of the assessment shall be paid in accordance with §§ 13-5-601 et seq.
(f) Eligibility. The deferral authorized in this section is only available to the owner of the property at the time the property is connected to the County's wastewater system.
(Bill No. 90-19; Bill No. 85-20; Bill No. 98-20)