Town of Leonardtown, MD Article IV Controlled Allocation of Sewer Capacity

[Adopted 3-10-2008 by Ord. No. 132]

§ 150-19 Review of site and subdivision plans.

Until such time as this article is repealed by the Town, the Town shall not review site plans or plans of subdivision or approve any building permits for new construction which would result in any new or additional connections to the Plant for any property situated within the municipal boundaries of Leonardtown except in accordance with this article.

§ 150-20 Criteria for allocation of remaining treatment plant capacity.

The allocation of the remaining capacity of the Plant shall be reserved for:

A. The Leonard's Grant Subdivision, in accordance with the sewer connection financial commitment by and between the owner and the Town regarding sewer allocations for this Subdivision; and

B. Projects that:

(1) Are located within those areas identified upon the map attached hereto as Exhibit A[1] and incorporated herein by reference; and

[1] Editor's Note: Said map is on file in the Town offices.

(2) Have a reasonable expectation of being a catalyst for revitalization; and

(3) That provide an economic development benefit to the Town; and

C. Infill development in accordance with Town Code 155.34.1 et seq.; and

D. Projects deemed by the Town Council, upon a majority vote, and with the concurrence of the Mayor, as necessary to protect the health, welfare, safety or future economic viability of the Town; and

E. Public projects within the municipal boundaries of Leonardtown.

§ 150-21 Completed applications to be placed in queue.

Completed applications shall be placed in a queue by order in which the completed application was received.

§ 150-22 Monthly list of applications requiring allocation of capacity.

The Town Administrator shall provide, at least monthly, a list of all applications requiring allocation of Plant capacity, identifying those placed within the queue and those determined to meet the foregoing criteria, to the Mayor and Town Council. For good cause, the Town Council may, upon a majority vote and with the approval of the Mayor, amend the list to change the designation of any application from that presented by the Town Administrator.

§ 150-23 Processing of applications meeting criteria.

Following presentation to the Mayor and Town Council, applications meeting the foregoing criteria will then be processed according to Chapter 155 of the Leonardtown Code.

§ 150-24 Applications to remain in queue.

Any application that requires an allocation of Plant capacity and not meeting the foregoing criteria shall remain in the queue.

§ 150-25 Effect on applications of repeal of article.

Upon repeal of this article, all projects within the queue shall be allowed to proceed for review and approval, if appropriate, in the order in which the completed application was received.

§ 150-26 Construal of provisions.

This article shall not be considered a contract, express or implied, for the extension or supply of utilities to the area set forth in Exhibit A hereto.[1]

[1] Editor's Note: Exhibit A is on file in the Town offices.