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SEWER AND WATER MASTER PLAN
(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)
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