(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)