Town of Denton, MD
Caroline County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Commissioners (now Town Council) of the Town of Denton 11-2-1987 by Ord. No. 236. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 38.
Land subdivision— See Ch. 73.
Sewers — See Ch. 102.
Water — See Ch. 124.
Zoning — See Ch. 128.

§ 125-1 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
ALLOCATION
Water or wastewater capacity reserved at a utility facility for use at a particular property.
ALLOTMENT
The apportionment of available capacity of water or wastewater by the Town Council among the uses set forth in § 125-3 of this chapter.
AVAILABLE CAPACITY OF WASTEWATER
The positive difference between the capacity of the components of the wastewater system and the computed 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 computed 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, county and Town approvals necessary for the issuance of a building permit and which is not included within an approved subdivision.
CAPITAL ALLOCATION CONNECTION CHARGE
A charge levied to obtain an allocation of available water or wastewater capacity at the time the allocation is granted. Such charge shall be equal to the water and wastewater connection fee.
FINAL PLAT APPROVAL
The signing and dating of a final record plat by the Planning Commission as required under Chapter 73, Land Subdivision.
HOOK-UP FEE
Equivalent in meaning to "capital allocation connection charge."
SUBDIVIDER
The meaning stated in Chapter 73, Land Subdivision.
SUBDIVISION
The meaning stated in Chapter 73, Land Subdivision.

§ 125-2 Findings; intent.

A. 
The Town Council of Denton finds that temporary shortages of available capacity in water and wastewater facilities may occur as a result of health, environmental or financial considerations. The Town Council of Denton further finds that there is no mechanism currently in place by which the Town of Denton can monitor the available allocation of water and wastewater, in accordance with Maryland Health-Environmental Code Annotated, § 9-512.[1] The Town Council of Denton further finds that to pursue these goals, it is necessary to establish a method by which available capacity is calculated, priority of water and wastewater services is determined and available capacity is allotted.
[1]
Editor's Note: See now § 9-512 of the Environment Article of the Annotated Code of Maryland.
B. 
It is the intent of the Town Council of Denton that the provisions of this chapter shall accomplish these objectives, that the cost of construction and expansion of water and wastewater facilities be generally borne by those who will directly benefit, that a fair and equitable method of allotting available water and wastewater capacity be established and that procedures be outlined by which new users of the system pay their fair share of the capital costs of construction.

§ 125-2.1 Application for sewer allocation.

[Added 6-5-1989 by Ord. No. 258]
Any individual with a proprietary or financial interest in property located within the municipality of the Town of Denton may file an application for a sewer allocation within the provisions of this ordinance. Such individual shall complete a sewer allocation application prepared and approved by the Town Council of Denton and shall provide any and all documents required by the Town Council showing evidence of the financial or proprietary interest in the subject property.

§ 125-3 Allocation priorities.

A. 
The Town Council shall allot available water and wastewater capacity in accordance with the following uses:
(1) 
Public health needs.
(2) 
Public service needs, including county or Town capital projects.
(3) 
Buildable approved lots for single-family dwellings.
(4) 
Other buildable approved lots.
(5) 
Subdivisions.
(6) 
Reserve capacity.
B. 
The Town Council of Denton may at any time:
(1) 
Reorder the priority of uses.
(2) 
Redistribute available capacity in order to reflect changes in market demands, development inactivity and needs of the community and Town.
(3) 
Establish subuses to the uses listed in Subsection A of this section.
C. 
The Town Council shall regularly issue reports of changes in the following:
(1) 
Priority ranking of uses.
(2) 
Proportion of allocation available to uses.
(3) 
Available unallocated capacity.

§ 125-4 Allocation of capacity at time of subdivision approval.

A. 
Allotment procedures.
(1) 
Prior to granting preliminary plat approval, the Planning Commission shall notify the Town Council that an application for subdivision approval has been filed and that an allocation is required.
(2) 
At the next regularly scheduled public meeting of the Town Council, the Town Council shall make an allocation in accordance with § 125-3 of this chapter.
(3) 
The Town Council shall notify the subdivider in writing of the allotted allocation, and thereafter, the Planning Commission shall take action on the preliminary plat at the next regular meeting of the Planning Commission as required under Chapter 73, Land Subdivision.
(4) 
If preliminary plat approval is not obtained within six months following the allocation approved by the Town Council, the allocation is forfeited. Upon good cause shown, the Town Council may extend the time in which to obtain preliminary plat approval for purposes only of retaining the allocation. In no event, however, shall any extension be granted under this section for a period of one year from the date of the original allocation approval.
[Added 6-5-1989 by Ord. No. 258; amended 8-7-1989 by Ord. No. 260]
B. 
The subdivider must pay those fees outlined in § 125-6 at the time preliminary plat approval is obtained.

§ 125-5 Allocation of capacity upon issuance of building permits.

[Amended 8-5-2009 by Ord. No. 584]
A. 
Prior to the issuance of any building permit for a buildable approved lot that has not already received an allocation, the Director of Planning and Codes shall be notified that an application for a building permit has been made and that an allocation is required.
B. 
The Director of Planning and Codes shall make an allocation in accordance with § 125-3 of this chapter.
C. 
The Director of Planning and Codes shall notify the applicant in writing of the allotted allocation and thereafter, the Town’s Building Official, at which time the building permit shall be issued, provided that all requirements set forth in Chapter 38, Building Construction, are met and, where applicable, site plan approval in Chapter 128, Zoning, is completed with and those fees outlined in § 125-6 are paid.

§ 125-6 Fees and charges.

A. 
Each structure and use to be connected to the public water or wastewater system shall pay a capital allocation connection charge for each utility equal to those fees set forth in Ordinance Nos. 231 and 232, or any amendments thereto.[1]
(1) 
Schedule of payment for subdivider.
(a) 
A subdivider shall pay at least 25% of the capital allocation connection charge at the time preliminary plat approval is required.
(b) 
A subdivider shall pay the remaining 75% of the capital allocation connection charge at the time final plat approval is received.
(2) 
An applicant for a building permit to permit construction or the modification or alteration of an existing dwelling on a buildable lot must pay 100% of the capital allocation connection charge at the time the building permit is issued.
[1]
Editor's Note: Ord. Nos. 231 and 232 pertain to sewer and water fees; current fees and charges are on file and available in the office of the Town Clerk.
B. 
Failure to pay these fees in accordance with this section shall result in the immediate forfeiture of any allotted allocation granted by the Town Council.
C. 
Upon good cause shown, the Town Council may extend for a reasonable period the time for payment of the capital allocation connection charge under Subsection (1)(a) or (b) of this section.
[Added 8-7-1989 by Ord. No. 260]

§ 125-7 Forfeiture of allocation.

A. 
An allotted allocation awarded to a subdivider shall be invalid after two years, and any payments made in accordance with § 125-6 shall be subject to refund in accordance with § 125-8, unless the subdivider:
(1) 
Obtains final plat approval in accordance with Chapter 73, Land Subdivision; and
(2) 
Applies for certificates of occupancy for at least 50% of the subdivision at the end of the first year following preliminary plat approval; and thereafter, applies for certificates of occupancy for at least 75% of the subdivision at the end of the second year following preliminary plat approval.
B. 
An allocation awarded to an applicant for a building permit for a buildable approved lot shall be invalid unless the applicant has complied with Chapter 38, Building Construction.

§ 125-8 Refund of charges.

[Amended 8-7-1989 by Ord. No. 260; 3-2-1992 by Ord. No. 292]
A. 
In the event that a subdivider or applicant for a building permit for a buildable approved lot has forfeited or lost an allocation as set forth in § 125-7 of this chapter, the subdivider or applicant shall be refunded any payment made under § 125-6, with the following deductions:
(1) 
An administrative fee of 25% of the total capital connection fee per year or any part thereof that allotted allocation is held; and
(2) 
An interest fee of 1% of the total capital connection fee per month that allotted allocation is held.
B. 
In the event that a subdivider or applicant for a building permit for a buildable approved lot has forfeited or lost an allocation, as set forth in § 125-6 or 125-7, and no payment has been made under § 125-6, the subdivider or applicant must pay the following charges to the Town of Denton.
(1) 
An administrative fee of 25% of the total of capital connection fee per year or any part thereof that the allotted allocation is held.
(2) 
An interest fee of 1% of the total capital connection fee per month that the allotted allocation is held.
C. 
The Town Council of Denton has the authority to waive all or any portion of the administrative fee or interest fee upon a finding of exceptional circumstances, limited to financial or developmental hardships caused by any water or sewer moratorium.

§ 125-9 Assignability or transferability.

A. 
Except for those situations outlined herein, an allocation cannot be assigned or transferred.
B. 
An allotted allocation to a subdivision may be assigned or transferred for use within the subdivision for which the allocation was originally granted, provided that the transfer or assignment shall be:
(1) 
To lots or units requiring an equivalent amount of allocation; and
(2) 
Subject to the conditions, time limitations or other restrictions that are applicable to the unused allocation as of the date of transfer.
C. 
In the event that assignment or transference is contemplated in accordance with Subsection B, the subdivider shall make a written request to the Town Council for a transfer of an allocation. The request shall specify those areas of the subdivision from which and to which the allocation will be transferred or assigned.
D. 
Before any transfer or assignment, the subdivider shall amend the preliminary or final plat which:
(1) 
Indicates the specific areas of the subdivision from which and to which the allocation is transferred or assigned;
(2) 
Deletes the lots from which the allocation was transferred;
(3) 
Indicates the conditions, time limitations and the restrictions applicable to the areas subject to the assignment or transfer; and
(4) 
Has the approval and signatures of the Planning Commission.
E. 
On transfer or assignment of an allocation, that portion of the subdivision from which the allocation was transferred or assigned shall be considered a proposed subdivision awaiting allocation of water or wastewater capacity.

§ 125-10 Effect of zoning action.

The grant of a special exception, reclassification of property or other zoning action does not entitle a person to an allocation of water or wastewater capacity for that property.

§ 125-11 Conditions of allocation.

The award of an allocation under this chapter is subject to the following conditions:
A. 
Water and wastewater capacity is contingent on the availability of federal, state, county or Town funds to finance water and wastewater capital projects.
B. 
The Town is not responsible to provide water or wastewater service and is not liable for monetary damages 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.
C. 
The Town is not responsible for any federal, state, county or Town action, including operational moratorium, which temporarily suspends, delays or otherwise affects an allocation.
D. 
The Town is not responsible if a contractor defaults on a Town water or wastewater project in the service area in which an allocation has been made.
E. 
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.