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(A) Generally. This subchapter outlines the rules and regulations for the installation, operation, and maintenance of water and sewer facilities in this county. All matters pertaining to the installation, operation, and maintenance of water and sewer facilities in this county shall be performed and conducted in accordance with the Carroll County Department of Public Works, Bureau of Utilities, or Regulations and Standard Specifications and Design Details for Water and Sewer Construction in Carroll County, as from time to time amended (hereinafter referred to as "the Manual"), and the County Commissioners, or their successor agencies, hereby adopts said Manual by reference and incorporates the same as if fully set forth herein.
(B) Contract numbering policy. At the onset of any project proposed by the county, the following method of identification will be used. The Bureau of Utilities, or its successor agencies, shall establish the approximate identification for each project.
(1) W indicates water.
(2) S indicates sewer.
(3) XX indicates project number.
(4) X indicates date and year in which contract is awarded.
(C) Charges and rates. The County Commissioners are authorized to establish by resolution water and sewer area connection charges and water and sewer usage rates. Charges and rates established hereunder may be changed whenever the County Commissioners deem it necessary to do so. Before adopting a resolution under this section, the County Commissioners shall hold a public hearing and shall provide notice of the hearing.
(2004 Code, § 179-1) (Ord. 46, passed 4-17-1984; Ord. 46-J, passed 8-11-1997; Ord. 02-20, passed 11-21-2002; Ord. 03-13, passed 6-10-2003; Ord. 2021-09, passed 10-14-2021)
(A) The County Commissioners will adopt and, from time to time, revise a general plan for development of a Comprehensive Water and Sewer Master Plan ("the Master Plan") in the county.
(B) The Master Plan will include operating systems, projected systems, and planned systems. Operating systems are those elements of the Master Plan for which a cost center has been established to track revenue and/or expenditures, as determined by the Comptroller. Projected systems are those elements of the Master Plan for which identification pursuant to § 51.01(B) has been made, but which have not been accepted as operating systems. Planned systems are those elements of the Master Plan which reflect anticipated service areas and systems but which are not yet projected systems.
(C) For a system to be a planned system, included within the Master Plan there must be:
(1) Petition by private citizen;
(2) Decision by the county that the system is in the interest of the public health and welfare;
(3) Directive by the Carroll County Health Department; or
(4) Directive by the Maryland Department of the Environment.
(D) Once planned systems are included in the Master Plan, the county may require that a feasibility study be done. The county shall contract for the feasibility study with a consultant.
(E) The county may require the private citizen who has petitioned that a system be included in the Master Plan, pursuant to division (C) above, to bear the cost of the feasibility study, and to secure the cost by a deposit with the county. In the event that the project proves feasible and is included as a projected system within the Master Plan, the cost of the feasibility study becomes part of the total project cost and will be refunded to the private citizen.
(F) The feasibility study shall determine the technical and economic feasibility of the proposed project. The results of the study will be an assertion that the project is or is not technically feasible. The study shall also contain an estimate of the project cost, which shall include construction, engineering, inspection and administrative cost, plus an estimate for contingencies, and an estimate of the lump sum income available from area connection charges; it shall contain an estimate of the annual income required to support the system and shall establish suggested charges or assessments necessary to raise such income. The results will also include an estimate of the annual surplus or deficit. The county shall inform the person or party responsible for the inclusion of the system in the Master Plan of the complete results of the feasibility study in a timely manner.
(G) Subject to reserves maintained by the county pursuant to division (I) below, allocations for water and sewer service by the county shall be granted on a first-come, first-served basis whenever public water or sewer service is available at the property in question through service provided by the county's transmission and/or main lines. Allocations shall only be granted upon the execution and acceptance of a standard Public Works Agreement (PWA) or other agreement as required by county policy, the recordation of an approved subdivision plat and payment of all applicable charges; provided, however, that prior to an allocation being made, all necessary approvals as may be required by law must have been secured.
(H) To determine availability, the county will allocate and record capacity or flows for single equivalent dwelling units (EDUs) at the time building permits are approved or at the time area connection charges and any other applicable charges are paid.
(I) The county may set aside allocations for water and sewer service as it deems necessary for industrial development, educational, and governmental purposes.
(J) If a property is required to connect to the county water or sewer system as a result of § 14-303 of the Code of Public Local Laws ("the Code") and not for reasons of health:
(1) The County Commissioners may establish a time to connect and shall record in the Land Records of Carroll County for each such property the notice to connect to the system;
(2) Upon petition of a property owner, the County Commissioners may determine that it is not feasible for the property to connect to the system. In such cases where it is determined that it is not feasible for the property to connect, then the property shall not be required to connect to the system. Feasibility shall be determined:
(a) By engineering studies prepared and certified by a professional engineer licensed to do business in this state, if those studies determine that it is impossible to connect the property to the system on a technical basis; or
(b) By a combination of engineering and financial studies, which reflect that it would be commercially impractical to connect the property to the system based upon costs that would be substantially greater than could be expected at then current costs to connect other properties in the area (that have connected to the system) and based upon the costs to connect that property to the system versus the benefits to be derived from the services to be provided.
(3) The determination of feasibility shall be in the county's sole discretion and may be based on the effect the exemption may have on the cost of the project or on the county's ability to provide service to other properties in the area. The burden shall be on the property owner to establish in the feasibility of service with clear and convincing evidence; and
(4) An exemption granted hereunder may exempt the property from any front-foot benefit assessment levied or to be levied on the property which fronts the county water or sewer main.
(2004 Code, § 179-2) (Ord. 46, passed 4-17-1984; Ord. 46-J, passed 8-11-1997; Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
AREA CONNECTION CHARGE. A fee to connect to the county system.
BASE CHARGE. Considered a ready to serve charge.
FRONT-FOOT BENEFIT ASSESSMENT. An annual fee to support the installation or maintenance of infrastructure abutting a property or where property is reasonably capable of being served due to its close proximity of the utility.
RECLASSIFICATION OF PROPERTY. A change in the classification of a property of which can occur at any time; included but not limited to change in use or as part of any audit of the system.
WATER USAGE CLASSIFICATION. A calculation or actual reading of the amount of water used per day.
(Ord. 2021-09, passed 10-14-2021)
SEWER AND WATER CONNECTIONS
(A) The developer shall show on his or her subdivision plat a 20-foot utility easement on the sides and back of each lot, unless otherwise noted, which shall be granted to the county by deed of easement. The plans for construction and specifications of water and sewer systems shall be furnished to the county by developers of all new subdivisions wherein water or sewer systems are required. Developers shall have the right to select a Maryland Licensed professional engineer (with specific background in water and sewer design) in good standing for the preparation, at their expense, of the plans and specifications, subject to their plans and specifications being reviewed for approval by the county. The developer shall pay for all fees incurred in reviewing subdivision plans as they relate to public water and sewer plans. The developer shall be responsible to secure all necessary rights-of-way and easements in a form satisfactory to the county. Where the proposed extension is not a planned or projected system included in the Carroll County Master Plan at the time of execution of a PWA and a transmission line is extended for the benefit of developer for furnishing of service to his or her subdivision, the developer shall pay the total cost of construction, including for the mains, vaults, laterals, and cleanouts, for all properties abutting the new infrastructure plus overhead charges as established by the county. Where the proposed extension is a planned or projected system included in the Carroll County Master Plan at the time of execution of the PWA, and transmission line is extended for the benefit of developer for furnishing of service to his or her subdivision, the county may contribute to the actual construction costs.
(B) A PWA will be required by the county outlining the conditions under which the water and sewer facility improvements will be made. Signing of the PWA must precede the final approval of the subdivision drawings by the county. All public water and sewer facilities financed by a developer shall be deeded to the county free of any liens.
(C) The developer shall deposit with the county a bond or other suitable guaranty in an amount sufficient to guarantee the construction of the proposed subdivision water and sewer facility. The developer shall make a cash deposit with the county of an amount which represents the amount of the estimated inspection expenses and costs, overhead, and administrative charges upon execution of the developer's PWA. The deposit for overhead and administration charges shall be nonrefundable. The deposit for inspection expenses and costs shall be adjusted after the project is completed and final construction inspection and audit is made. Any payment required because of a deficit in the initial deposit shall be made by the developer to the county prior to his or her receiving water or sewer service.
(D) Construction of water and sewer mains, including house connections within a development, shall be designed and installed in accordance with county specifications, as outlined in the Manual.
(E) Where a pressure booster station, pumping station, or other facility is required in order to provide an area with water or sewer service, the developer shall pay for the facility and any associated infrastructure. If, in its sole discretion, the county determines that the facility would benefit the existing water or sewer system, the county may negotiate with the developer and contribute to the construction of the facility upon such terms and conditions as the county deems proper.
(F) The developer shall complete all grading of the approved subdivision prior to the start of any utility construction. This grading is to be performed at the developer's entire cost and expense and in accordance with specifications set forth by the county.
(G) The developer shall be responsible for the protection of meter vaults and piping and shall keep the vaults at the grade set by the county. The developer shall be responsible for the protection of manholes, surface structures, etc., until accepted by the county.
(H) If revisions to the approved plans or specifications are required by the county, such revisions to plans shall be made by the developer or its agents or contractors. If the revisions result in the suspension of operations, the developer shall be financially responsible for any damages caused thereby.
(I) Approved plans where sufficient construction has not commenced within two years of the county's approval, are subject to re-review and any necessary revisions are required at the developer's sole expense.
(J) The county shall establish a front-footage charge on the recorded lots within the development at the established rate within the area in which the development lies. The front-footage charge may be a front-foot benefit assessment calculated in accordance with § 51.17 and/or a front-foot maintenance fee in accordance with § 51.24(A)(2). The front-foot maintenance charge for those properties outside the developed area but planned to be along the new infrastructure shall be paid by the developer equal to a ten-year period of payments as part of the PWA agreement. Those fees shall be re-established and be the responsibility of the owner upon connection to the system.
(K) Before the county enters into any PWA for the extension of a water or sewer main to a development, which would involve an extension of the main along the frontage of properties not previously served by the system and which properties are not all owned by the person seeking the extension and if those properties not previously served are required to connect, a public hearing shall be held before the County Commissioners. The hearing shall be conducted as though required by § 14-106(a) of the Code and shall comply with provisions thereof. The person seeking the extension shall pay all costs of the hearing, including the cost of notice, and shall pay an administrative charge as set by the county. Payment shall be made in advance, and no hearing shall be held until all of the charges required herein have been paid in full. The hearing shall be held within 60 days of the application for the extension, and the extension shall be accomplished within three years of the decision to extend the water or sewer main.
(2004 Code, § 179-3) (Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)
The county may construct water or sewer facilities and transmission or interceptor lines (according to the Carroll County Master Plan) to an existing housing development, or to a developer's subdivision; or the county may construct water or sewer facilities anywhere, if financed through either the General or Enterprise Funds of the county.
(2004 Code, § 179-4) (Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)
(A) The county shall establish minimum annual front-foot benefit assessments for a period of years coexistent with the period of maturity of any loans made or bonds sold for the purpose of raising moneys for the construction of water or sewer projects. The assessment will begin no later than the transfer (including lease) of the property or the issuance of a building permit, whichever is first to occur for each respective lot. Moneys received from such assessments shall be credited to the Enterprise Fund of the overall district in which the subdivision lies and will assist in liquidating the bond issue for the entire district's water and sewer system. For projects declared ready for service hereafter, front-foot benefit assessments shall be separated into the following classifications.
(1) Agricultural. Agricultural property shall be defined to be a large tract of land, not otherwise classified, which is used for agricultural purposes and is in excess of 25 acres. When a connection is made to the water or sewer system, the property is liable for a front-foot benefit assessment for its frontage not exceeding 300 feet. The assessment shall be at a rate equal to 75% of the residential assessment for the same project or line. If and when development or subdivision of the property is made, reclassification by the county will take place. Upon reclassification, the properties shall be assessed on the classification, at the rates, and on footage which are applicable for that project as of the date of reclassification. Reclassification is to be made when development is commenced or when a subdivision plat is filed among the Land Records of Carroll County, whichever is first.
(2) Small acreage.
(a) Small acreage, unimproved. Small acreage, unimproved, shall be defined lo be an unimproved tract of land of at least seven and one-half and not more than 25 acres in size and not otherwise classified. It shall be subject to a front-foot benefit assessment charge at 90% of the residential rale for the full frontage of the property if it abuts upon a water or sewer main, in whole or in part, not to exceed 300 feet.
(b) Small acreage, improved. Small acreage, improved, shall be defined to be an improved tract of land of at least seven and one-half and not more than 25 acres in size and not otherwise classified. Small acreage, improved includes three subclassifications as follows:
1. Residential. Residential property shall be defined to be property, either lots or parcels, used for dwelling purposes and not otherwise classified. There are two subclasses of residential property:
a. Single-unit residential property shall be defined as residential property having one dwelling unit constructed or occupied on the property. It shall be subject to a front-foot benefit assessment charge for the full frontage of the property if it abuts upon a water and sewer main, in whole or in part, not to exceed 300 feet and shall be assessed at 90% of the residential assessment for the same project or line.
b. Multi-unit residential property shall be defined as residential property having more than one dwelling unit constructed or occupied on the property. It shall be subject to a front-foot benefit assessment for the full frontage of the property if it abuts upon a water or sewer main in whole or in part.
2. Commercial. Commercial property shall be defined as that property used for trade, manufacturing, business or any other enterprise conducted for profit; or property used for privately or publicly owned schools or governmental purposes, except those properties classified industrial. These properties shall be subject to a front-foot benefit assessment for the full frontage of the property if it abuts upon the water or sewer main in whole or in part.
3. Industrial. Industrial property shall be defined as that property which is zoned I-1 or I-2 Districts, but which is not used for any of the permitted or conditional uses allowed within those zones; or which is used for the principal permitted uses or conditional uses of the I-1 or I-2 Districts, but those uses are on less than 50% of the land. These properties shall be subject to a front-foot benefit assessment for the full frontage of the property if it abuts upon the water or sewer main in whole or in part.
(3) Business. Business property shall be defined as that property which is less than seven and one-half acres in size, except as provided in division (A)(2)(b)3. above, and which is not residential property. There are two classifications of business property as follows:
(a) Commercial. Commercial property shall be defined as that property used for trade, manufacturing, business, or any other enterprise conducted for profit; or property used for privately or publicly owned schools or governmental purpose, except those properties classified industrial. These properties shall be subject to a front-foot benefit assessment for the full frontage of the property if it abuts upon the water or sewer main in whole or in part.
(b) Industrial. Industrial shall be defined as that property which is zoned I-1 or I-2 Districts (regardless of actual use); or which is used for any principal permitted use or for any approved conditional use of the I-1 or I-2 Districts. Industrial is also defined to be a property, which is over seven and one-half acres in size, which is used for the permitted or conditional uses of the I-1 or I-2 Districts and the permitted or conditional use occupies 50% or more of the property. These properties shall be subject to a front-foot benefit assessment for the full frontage of the property if it abuts upon the water or sewer main in whole or in part.
(4) Residential. Residential property shall be defined as property less than seven and one-half acres in size, either a lot or parcel, which is unimproved and zoned for residential development, or which is improved and used for dwelling purposes and not otherwise classified. There are two subclasses of residential property:
(a) Single-unit. Single-unit residential property shall be defined as residential property having one dwelling unit constructed or occupied on the property. It shall be subject to a front-foot benefit assessment charge for the full frontage of the property if it abuts upon a water and sewer main in whole or in part, not to exceed 300 feet; and
(b) Multi-unit. Multi-unit residential property shall be defined as residential property having more than one dwelling unit constructed or occupied on the property. It shall be subject to a front-foot benefit assessment for the full frontage of the property if it abuts on a water or sewer main in whole or in part.
(B) When the county establishes the annual front-foot benefit assessment pursuant to division (A) above, it shall assess front footage on the basis of the following schedule:
(1) Regular-shaped lots. A regular-shaped lot shall be defined as a lot which has no more or less than four sides and which is either square or rectangular in shape. A regular-shaped lot where one or more sides (in whole or in part) abuts upon a water or sewer pipe will be assessed according to the side or length of the property abutting the pipe. Property which does not abut upon a water or sewer pipeline, but is connected to the public facility, will be assessed as though the property abutted the water or sewer line.
(2) Corner lots. When a water or sewer pipeline abuts on all or a part of two nonparallel sides of a corner lot, the owner will be assessed on the short side and shall be assessed for all frontage over 175 feet on the longer side. If, at a later date, the corner lot is subdivided, then the original lot and each lot created will be reassessed upon recordation of a deed or plat for the property.
(3) Dead-end street or road. When a lot or property is located at the end of a street or road in which a water or sewer pipeline is laid and when such property can be served by the public facility, the front-foot benefit assessment shall be calculated according to the side of the lot that faces the street, lane, road, alley, or right-of-way in which the water pipe is placed, regardless of the length of pipe along such property, as though the property fully fronted the line.
(4) Irregular-shaped lot. An irregular-shaped lot shall be defined as a lot which is not a regular-shaped lot. When a lot served by water or sewer pipeline is determined to be irregular in shape, the dimensions of all sides shall be added and the result divided by the number of sides. The result shall be the assessable front-footage.
(a) Panhandle-shaped lot. Panhandle-shaped lots are irregular-shaped lots.
(b) Cluster-type subdivision lot. Cluster-type subdivision lots are irregular- shaped lots.
(c) Cul-de-sac lot. When a water or sewer pipe line serves a cul-de-sac lot, the front-foot assessment shall be calculated by establishing a line between the two sides of the lot between the points where the sidelines intersect the curve of the cul-de-sac; then by establishing a center point on that line; and then establishing a line from the center point to the center of the rear lot line; then by establishing a line from a point 35 feet from the established front line along the centerline to intersect the two side lines and measuring the distance along such line. That distance shall be the front-footage for that property. The lots shall be deemed to be irregular-shaped lots.
(5) End of street. When a lot or property is located at the end of a street, road, or right-of-way in which a water or sewer pipeline is laid and when such property can be served by the public facility, the front-foot benefit assessment shall be calculated in the same manner as for irregular-shaped lots.
(6) Other lots not herein defined. Any lots not coining within the above descriptions shall be assessed in the amount and in a manner determined by the county as reasonable and fair.
(C) Upon the designation of a water or sewer system as an "operating system", the county shall promptly levy front-foot benefit assessment charges on all properties which are by law required to be assessed, subject to the following procedures:
(1) Each property will be classified according to division (A) above.
(2) After all property is classified, a front-foot benefit assessment shall be established for each classification. The total front-foot benefit assessment shall not exceed an amount necessary to retire any bonds issued for the construction of facilities which serve the property.
(3) After the front-foot benefit assessment is established for each classification, the county shall determine the front-footage of each property using the provisions of division (B) above.
(4) After the front-footage is determined, it shall be multiplied by the front-foot benefit assessment which was established for the classification which applies to that property. The result shall be the annual front-foot benefit assessment which shall be applied to that property.
(5) After the front-foot benefit assessment is established, notice shall be given each property owner of the classification into which his or her property falls and of the amount of the front-footage established for his or her property, and shall be given notice of the amount of the property owner's front-foot benefit assessment.
(6) Notice shall be given by first-class mail to the last known address of the property owner as reflected by the records of the Tax Collector. Notice shall be effective upon the fifth day after deposit of the notice in the United States mail, postage prepaid. The notice shall advise the property owner of a date, time and place at which he or she will be heard to contest the classification and front-footage attributable to his or her property.
(7) If, after notice as provided in division (C)(6) above, the property owner does not appear at the date, time, and place for his or her hearing, the front-foot benefit assessment shall be final and shall not be changed except by a change in use of the property which results in a reclassification as provided herein, or changed as a result of subdivision of the property which would change the method of calculation of the front-footage pursuant to division (C) above.
(D) The hearing provided for by division (C)(6) above shall be conducted by the County Commissioners. At the hearing, the utility and the property owner shall be entitled to present all evidence that is relevant and material to the dispute. Based upon the evidence presented and the comments of the property owner and the county, the County Commissioners shall within 30 days set an annual front-foot benefit assessment for the subject property. The decision of the County Commissioners shall be final and binding on the county and the property owner.
(E) When the county determines that a property upon which an annual front-foot benefit assessment has been levied is no longer within the classification made of that property, the county shall reclassify the property. A reclassification shall be conducted in the same manner as for an original classification.
(F) When service is extended to a property which has not been previously classified, or to property which has been subdivided since the classification for it was established, the property owner shall agree to the levy of front-foot benefit assessments pursuant to a contract with the county. The contract shall provide for the classification of each property to be served, its applicable front-footage, the rate per front-foot, and the date upon which the levy shall be effective, which shall be no later than the transfer (including lease) of the property, or the application for a building permit, whichever is the first to occur for each respective lot.
(2004 Code, § 179-5) (Ord. 02-20, passed 11-21-2002; Ord. 2019-09, passed 12-12-2019; Ord. 2021-09, passed 10-14-2021)
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