Chapter 118 Sewers And Water

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Chapter 118 Sewers And Water Ch 118 Art I Rental Units And Apartments Ch 118 Art II Water Meters And Safety Devices Ch 118 Art III Allocation Of Water And Wastewater Capacity [HISTORY: Adopted by the Town Council of Centreville 10-4-2007 by Ord. No. 18-07. 1 Amendments noted where applicable.] GENERAL REFERENCES Waters and sewers — See Charter Article IX. Building construction — See Ch. 28. Sewer use — See Ch. 115. Stormwater management — See Ch. 132. Subdivision regulations — See Ch. 138. Zoning — See Ch. 170. 1 Editor's Note: This ordinance also repealed former Ch. 118, Sewers and Water, consisting of Art. I, Rental Units and Apartments, adopted 8-16-1979 by Ord. No. 409; Art. II, Water Meters and Safety Devices, adopted 10-19-1995 by Ord. No. 424; and Art. III, Allocation of Water and Wastewater Capacity, adopted 9-19-2002 by Ord. No. 10-02. Ch 118 Art I Rental Units And Apartments 118-1 Notification To Town Regarding Rentals 118-2 Questionnaire 118-3 Violations And Penalties 118-1 Notification To Town Regarding Rentals It is necessary for the owners of real property each year to inform the Town whether they have any roomers, whether they are renting any rooms in their building, or whether they have any apartments in their building that are separate from their home or business in order that the Town may make the proper billing for the water and sewer rates. 118-2 Questionnaire The Town shall send out with its billings each year for the water and sewer rates a questionnaire which shall be completed and returned no later than July 1 of each year. 118-3 Violations And Penalties Any person, firm or corporation violating the provisions of this article by not returning the complete questionnaire, or aiding, abetting or assisting in the violation of said provisions, shall upon conviction before the proper official be guilty of a municipal infraction and be sentenced to pay a fine of not more than $1,000 and costs of prosecution for each offense. Ch 118 Art II Water Meters And Safety Devices 118-4 Application For Connection To Main 118-5 Application For Additional Receptacles After Connection 118-6 Schedule Of Rates; Annual Review 118-7 Connection And Inspection 118-8 Water Meters 118-9 Protection Devices For High-Hazard Uses 118-10 Restrictions On Use Of Community System By Customers 118-11 New And Replacement Water Service Installations 118-12 Approval By Town Required 118-13 Violations And Penalties 118-4 Application For Connection To Main The owner or owners of any property along the line of a sewer or water main in the Town desiring to connect a house, building, drain, sink, well, cesspool or other receptacle for water or sewage therewith shall make application in writing to the Town signed by the owner or owners, setting forth the number and types of any building units and the number and type of receptacles for sewage or water in or out of any building units which will have need of the use of the sewer or water mains. 118-5 Application For Additional Receptacles After Connection After any house, building, drain, sink, well, cesspool or other receptacle for water or sewage is connected to any sewer or water main in the Town and the owner or owners or any other persons desire to add additional receptacles for sewage or water in or out of any building unit using the sewer or water mains, then the owner or owners of such property shall make application in writing to the Town, signed by the owner or owners, setting forth the number and type of any building units and the number and type of receptacles for sewage or water in or out of any building units which will have the need of the sewer or water mains. 118-6 Schedule Of Rates; Annual Review The Town Council shall adopt a schedule of rates or charges for the privilege of connection to the water and sewer mains from time to time, and the Town Council shall review said schedule of rates and charges for the connections to the water and sewer mains annually. 118-7 Connection And Inspection Upon receipt of the aforementioned application and receipt of a connection fee to be paid in accordance with the schedule of rates and charges aforesaid, the property owner, at its expense, shall make the connection to the sewer and/or water service connection lines, and the Town reserves the right to inspect all connections to the water and/or sewer connection lines, in order to ensure compliance with all specifications and regulations. 118-8 Water Meters Water meters shall be installed on all water services installed after November 25, 1995, and all existing water services where an existing line is replaced after the curb stop, cutoff valve or any other part of the existing service line is replaced after November 25, 1995, shall be constructed in such a manner as to provide for the future installation of a water meter, without requiring additional fittings, brackets, adapters, valves, piping, enclosures, boxes and the like. All hardware shall be of a design and type specified by the Town. All costs are to be at the property owner's expense. 118-9 Protection Devices For High-Hazard Uses All water service connections to high-hazard uses shall be prohibited except when and where, as approved by the Town, suitable protective devices are installed, tested and maintained to ensure proper operation on a continuing basis. If, in the opinion of the Town, effective measures consistent with the degree of hazard have not been taken, the Town shall take such action or measures as it may deem necessary to ensure the community water distribution system is protected from contamination. Such action may include the installation of backflow prevention devices, consistent with a degree of hazard, at the service connection, or discontinuation of the water service. The installation of such backflow prevention device will be added to the water bill of the property owner. For the purpose of this section, the term "high-hazard use" means the use where a backflow or backsiphonage could contaminate the public water supply. A hose bibb vacuum breaker shall be installed on every sill cock, service sink and hose hydrant to isolate hose applications from the potable water supply. 118-10 Restrictions On Use Of Community System By Customers Customer use of water from the community distribution system for cooling or other purposes within the customer system and later return of the water to the community distribution system is hereby prohibited. 118-11 New And Replacement Water Service Installations All water services installed after November 25, 1995, and all existing water services where the existing water service line is replaced after November 25, 1995, shall include a double-check-valve backflow prevention device of a type and design specified by the Town. All costs are to be at the property owner's expense. 118-12 Approval By Town Required It shall be unlawful for any owner, owners, plumber, contractor or any other persons to make any connection with a sewer or water main in the Town or to add additional receptacles for sewer or water in or out of any building unit using the sewer or water mains, or to make any connections without the installation of water meters or safety devices described above, without first submitting an application to the Town Manager and obtaining approval of the Town Council in the manner specified in the foregoing sections. 118-13 Violations And Penalties Any person, firm or corporation violating the foregoing sections of this article, or aiding, abetting or assisting in the violation of the foregoing sections of this article, shall upon conviction be guilty of a municipal infraction and be sentenced to pay a fine of not more than $1,000 or be imprisoned for a period not to exceed six months, or both. Ch 118 Art III Allocation Of Water And Wastewater Capacity 118-14 Definitions 118-15 Legislative Intent 118-16 Allotment Of Water And Wastewater Capacity 118-17 Allocation Of Capacity At Time Of Subdivision Approval 118-18 Allocation Of Capacity On Issuance Of Building And Grading Permits 118-19 Allocation Of Capacity For Buildable Approved Lots Not Requiring Subdivision Approval 118-20 Allocations For Properties Outside Of Town Of Centreville Limits Which Have Requested Annexation 118-21 Allocations For Properties Outside Of Town Of Centreville Limits Not Requesting Annexation 118-22 Capital Facility Impact Charge 118-23 Payment Of Fees 118-24 Assignability; Transferability 118-25 Private Financing For Additional Capacity 118-26 Effect Of Zoning Action 118-27 Transition 118-14 Definitions In this chapter, the following words have the meanings indicated: ALLOCATION. Water or wastewater capacity reserved in the Town's utility system for use at a particular property. The allocation shall be comprised of the number of EDUs required for a project and shall be based on a specific use and scope as indicated in the drawings and documentation submitted to the Town. ALLOCATION ACCOUNT. The basic account of availability commitments and plans for water and wastewater as maintained by the Town Manager. ALLOTMENT. The apportionment of available capacity of water or wastewater by the Town Council among the uses set forth in § 118-16 of this chapter. APPLICANT. A property owner or developer, who has an interest in the subject property, who is seeking an allocation. APPROVED LOT. A legal existing lot, tract or parcel of record, created as a separate lot, tract or parcel; or A lot, tract or parcel of record created in compliance with the zoning and subdivision regulations in effect at the time of its creation. AVAILABLE CAPACITY OF WASTEWATER. The positive difference between the capacity of the components of the wastewater system and the actual flow through the system, less allocations granted and outstanding. AVAILABLE CAPACITY OF WATER. The positive difference between the safe working capacity of the components of the water system and the actual measured flow through the system, less allocations granted and outstanding. BUILDABLE APPROVED LOT. An approved lot that can reasonably be expected to receive the federal, state and Town approvals necessary for the issuance of a building or grading permit. CAPACITY MANAGEMENT PLAN. The plan that the Town Council adopts by resolution from time to time to forecast how wastewater allocations are to be distributed among the several uses that it deems appropriate. CONNECTION CHARGE. A fee paid to obtain an allocation. EQUIVALENT DWELLING UNIT (EDU). Two hundred gallons per day of water. FINAL APPROVAL. The signing and dating of a final record plat by all appropriate governmental agencies and the grant of allocations by the Town Council. OVERALL DEVELOPMENT SITE PLAN. A site plan consisting of a drawing reflecting the proposed and required improvements, changes to existing improvements and topographic features, and necessary information and details to show compliance with Subdivision Regulations, and Chapter 170, Zoning. SKETCH PLAN APPROVAL. The approval by the Planning and Zoning Commission of a sketch plan in order to permit a subdivider to submit a final record plat. SUBDIVIDER. An individual, partnership or corporation, or an agent for an individual, partnership or corporation, that files a request for subdivision approval as provided in Chapter 138 of this code. SUBDIVISION has the meaning stated in § 138.5 of this Code. USER CHARGE. A charge equal to forty percent of the average cost of water and wastewater, as computed by the Town Manager, that would be used if a structure or use were in operation. UTILITY AGREEMENT. A contract, between an owner or developer and the Town, to complete the necessary water improvements, sewer improvements, or both, in accordance with approved plans and specifications and by a given date. Utility agreements include, but are not limited to, public works agreements (PWAs) and developer rights and responsibility agreements (DRRAs) pursuant to Article 66B, § 13.01 of the Annotated Code of Maryland. 1 1 Editor's Note: Article 66B of the Annotated Code of Maryland was repealed by Acts 2012, Ch. 426, effective October 1, 2012. For current provisions, see the Land Use Article of the Annotated Code of Maryland. 118-15 Legislative Intent It is the intent of the Town Council that the provisions of this article shall establish a method by which available water and wastewater capacity is calculated, priority of water and wastewater services is determined, and available capacity is allotted, that the cost of any construction and expansion of water and wastewater facilities be generally borne by those who will directly benefit, that the Town Council establish fair and equitable methods of allotting available water and wastewater capacity, procedures be established by which new users of the system pay their fair share of the critical costs of construction and that the health, safety and welfare of the citizens of the Town of Centreville will be protected and safeguarded. 118-16 Allotment Of Water And Wastewater Capacity The Town Council may establish allotments on a service-area basis for the following uses: Public health needs. Public service needs, including Town capital projects. Assisted housing. Buildable approved lots. Government-assisted and community development projects. Minor subdivisions and administrative plats. Major subdivisions and planned unit developments. Planned commercial complexes and industrial subdivisions. Properties to be annexed, as described in Subsection A(6), (7) and (8) of this section. Properties outside of the Town limits, as described in Subsection A(6), (7) and (8) of this section. Reserve capacity. The Town Council may at any time: Redistribute allotments in order to reflect changes in market demands, development inactivity, and needs of the community and Town of Centreville; Establish subuses to the uses listed in Subsection A of this section; Consider the applicant's past compliance, default performance, financial ability or indebtedness to the Town in setting conditions for the grant of an allocation; and Amend the capacity management plan. 118-17 Allocation Of Capacity At Time Of Subdivision Approval Prior to final record plat approval for any subdivision, the Town Council shall: Allocate water or wastewater capacity to a proposed subdivision or lot if adequate capacity is available to serve the subdivision. The Town Council may set timetables for the availability of allocations to the subdivision or lot; and Notify the subdivider in writing of the allocation. If the fees required under § 118-23 are not paid in accordance with that section: The allocation lapses. All prior waivers or approvals for the subdivision plat are void. Twenty percent of the capital facility connection charge and all of the user charges that have been paid are forfeited. The allocation account will be so revised. The Town Council may extend the time set forth in Subsection B of this section. Each utility agreement that makes water or wastewater available shall be subject to all of the following parameters: Water and wastewater capacity is contingent on the availability of federal, state or municipal funds to finance water and wastewater capital projects; The Town is not responsible for providing water or wastewater service where the service is not, at the time of the agreement, reasonably available and is not liable for monetary damage for the failure to provide service if the Town is unable to acquire rights-of-way necessary for the construction of water or wastewater capital projects; The Town is not responsible for any federal or state action, including operational moratoria, that temporarily suspends, delays or otherwise affects allocation; The Town is not responsible if a contractor, developer or owner defaults on a Town water or waste-water project in the service area in which an allocation has been made; and The Town is not responsible for any other contingency that affects the timing or ability to connect which is beyond the control of the Town. 118-18 Allocation Of Capacity On Issuance Of Building And Grading Permits Available water or wastewater capacity may be allocated by the Town Manager, if available, on issuance of a building or grading permit. Except as set forth in Subsection D of this section, a building permit or grading permit may not be issued until all fees required by this article are paid in full. If a building or grading permit is revoked or for any reason becomes void, the allocation, 20% of the capital facility connection charge, and any other fees paid as a part of the building or grading permit are forfeited. The connection charge will be paid for a single-family structure that is to be owner-occupied, at the time a permit is issued for connection to the Town's water or wastewater service. The allocation account will be so revised. 118-19 Allocation Of Capacity For Buildable Approved Lots Not Requiring Subdivision Approval An allocation of available capacity of water and wastewater may be made to: Buildable approved lots for individual structures or planned complexes of two or more structures and uses for which a water or wastewater allocation exceeds an equivalent allocation for a two-family dwelling; Buildable approved lots that do not currently have a water or wastewater allocation but are required to extend water or wastewater lines to the site from existing lines; and Buildable approved lots that the Town offers for sale as surplus property or through a Town urban renewal authority. An allocation under Subsection A(1) of this section may be granted by the Town Manager on the approval of an overall development site plan submitted as part of a building permit application, a grading permit application, or construction plans for utility extensions. An allocation under Subsection A(2) of this section may be granted by the Town Manager on the approval of an overall development site plan that includes a plat showing the lots to be served and that is submitted as part of a building permit application, a grading permit application, or construction plans for utility extensions. An allocation made under Subsection A(3) of this section may be adjusted, subject to available capacity as identified by allocation account and on approval of an overall development site plan by the Town Manager. An allocation made under Subsection B or C of this section shall lapse unless: The capital facility connection charge is paid in full within 60 working days following the grant of an allocation; and The user charge is paid for the property until it is connected to the Town's water or wastewater system. An allocation made under Subsection D of this section shall: Be granted only on the payment of the capital facility connection charge for the property; and Subject the property to the imposition of the user charges until the property is connected to the Town's water or wastewater system. 118-20 Allocations For Properties Outside Of Town Of Centreville Limits Which Have Requested Annexation Water or wastewater capacity may be allocated, if available, for properties and uses at time of application for annexation under applications and conditions as outlined in §§ 118-17, 118-18 and 118-19. 118-21 Allocations For Properties Outside Of Town Of Centreville Limits Not Requesting Annexation Water or wastewater capacity shall not be allocated for properties and uses outside of the Town of Centreville limits except as shall by authorized by ordinance of the Town Council. 118-22 Capital Facility Impact Charge Each structure and use to be connected to the Town's water, wastewater system or both water and sewer systems shall pay the capital facility impact charge in addition to such other charges and fees as may be imposed by this code. If the structure or use is located or proposed to be located on real property meeting state and Town of Centreville requirements for annexation which is included within the metes and bounds description of an annexation petition filed with the Town of Centreville Clerk, the user shall pay capital facility impact charges as approved by the Town Council from time to time by resolution. Any charges imposed pursuant to this section shall be paid in full before any permits are issued. 118-23 Payment Of Fees A sub-divider shall pay 10% of the capital facility connection charge at the time of preliminary record plat approval. A sub-divider shall pay 100% of the capital facility connection charge prior to final record plat approval, unless the Town Council shall authorize payment of a lesser amount pursuant to the terms of a public works agreement approved by the Town Council. An allocation shall be invalid unless the sub-divider: Annually pays at least one-fifth of the balance remaining due after the initial payment toward the capital facility connection charge; and Pays the user charge for each property until the property is connected to the Town's water or wastewater system. Notwithstanding the provisions of Subsections A and B of this section, the capital facility connection charge in effect at the time a connection is made to a utility shall be paid in full prior to connection to the utility. 118-24 Assignability; Transferability An allocation to a subdivision may not be assigned or transferred among subdivisions but may be assigned or transferred for use within a subdivision for which the allocation was originally granted. A subdivider may assign or transfer an unused portion of an allocation within a subdivision if: The allocation is for lots or units for which there is no contract of sale, so long as grading or construction has not begun; and A utility agreement was not executed or, if executed, terminated by mutual consent of the parties. An assignment or transfer within a subdivision shall be: To lots or units requiring an equivalent amount of allocation; Subject to the conditions, time limitations, or other restrictions that are applicable to the unused allocation as of the date of transfer; and Subject to the approval of the Town Manager. A subdivider shall make a written request to the Town Manager for a transfer of an allocation within a subdivision. The request shall specify those areas of the subdivision from which and to which the allocation will be assigned or transferred. Before any assignment or transfer, a subdivider shall record a plat in the land records of Queen Anne's County that: Indicates the specific areas of the subdivision from which and to which the allocation is assigned or transferred; Deletes the lots from which the allocation was transferred; Indicates the conditions, time limitations and restrictions applicable to the areas subject to the assignment or transfer; and Has the approval and signature of the Town Manager. On assignment or transfer of an allocation, that portion of the subdivision from which the allocation is assigned or transferred shall be considered a proposed subdivision awaiting allocation of water or wastewater capacity. 118-25 Private Financing For Additional Capacity In the event that allocation of water or wastewater is denied due to lack of available capacity, a subdivider may agree to provide or finance the cost of all or part of the improvements to a utility to remedy the lack of available capacity. In such cases, the Town Council may allocate water or wastewater capacity for the subdivider's property in an amount not to exceed the increased capacity resulting from the improvements to the facility. Any allocation granted under this section shall be incorporated as part of a written agreement between the subdivider and the Town Council that sets forth specific terms and conditions under which the allocation is granted. The Town Manager may negotiate and prescribe terms and conditions of each agreement in order to carry out the intent of this section and protect the interests of the Town of Centreville. In negotiating the terms and conditions of each agreement, the Town Manager shall consider: The capacity requirements as set forth in the master plan for water supply and sewerage systems and any subsequent revisions; Service requirements for existing communities and property not yet served; and Service requirements for any properties and subdivisions awaiting allocation of water or wastewater capacity. Any agreement negotiated pursuant to this section shall be ratified by the Town Council. 118-26 Effect Of Zoning Action The grant of a reclassification of property, special exception, variance or other zoning action does not entitle the property owner to an allocation of water or wastewater capacity for that property. The approval of all site plans and subdivisions, whether administrative or by the Planning and Zoning Commission, shall not entitle the property to an allocation of water or wastewater capacity for that property. 118-27 Transition At the expiration of an allocation or an extension of an allocation granted prior to the effective date of this chapter, a subdivider shall: Pay the difference between any capital facility connection charge paid and the capital facility connection charge in effect at the time of the expiration for a property retaining an allocation; and Pay the user charge for the period of time until connection to the Town's water or wastewater system. If the subdivider fails to make the payments required under Subsection A of this section, the subdivider forfeits the allocation and all moneys paid.