[HISTORY: Adopted by the Town Council of the Town of Myersville 8-10-1999 (Section 501 of the 1999 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Water and sewers — See Charter, Art. IX.
Special assessments — See Charter, Art. X.
Provision of public facilities — See Ch. 105.
Sewers — See Ch. 116.
Subdivision and land development — See Ch. 130.
A. 
This chapter is authorized under Articles IX and X of the Municipal Charter of Myersville, Maryland for the purpose of carrying out the intent and purpose of those articles.
B. 
The Mayor and Council shall have the sole right to determine what community facilities are interim or permanent; as to when the community facilities shall be installed, modified, enlarged, or abandoned; how and by whom the proposed facilities shall be designed, constructed, leased, owned, operated and financed; and who shall connect to the community facilities.
C. 
The Mayor and Council, at the request of an individual or commercial enterprise, may provide water or sewer service to part or all of a subdivision or commercial facility.
D. 
The Mayor and Council shall determine the feasibility of a project, the manner in which service may be obtained, and the estimated cost of such service.
E. 
Funds for the design, installation, etc. of water and sewer facilities shall be sufficient to cover all costs as determined by the Mayor and Council.
F. 
If a project is to receive private funding, a public works agreement must be signed with the Mayor and Council before the project can become part of the Town Capital Improvements Program.
G. 
All necessary funds, other than grants and water and sewer bonds, shall be guaranteed by financial arrangement satisfactory to the Mayor and Council prior to the initiation of each phase of a project.
H. 
All new acquisitions or subsequently modified water and sewer facilities owned or operated by the Town of Myersville shall be reviewed by the Frederick County Division of Public Works.
I. 
All new acquisitions or modifications to the Myersville water and sewer facilities, public or private, will be inspected and approved by Frederick County Department of Public Works for the Town of Myersville prior to utilization of the community system(s).
J. 
The Town of Myersville may use the Frederick County Division of Public Works as its agent or representative in the enforcement of this chapter.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
APPLICANT or DEVELOPER
A person, persons, partnerships, firms, corporations or cooperative enterprises, and their successors and assigns in chain of title, making application to the Town of Myersville for the provision of community water and/or sewerage system facilities.
BUILDING SEWER
That part of the drainage system which extends from the end of the building drain and conveys its discharge to the Town of Myersville sewer system.
BUILDING WATER SERVICE
The pipe from the Town of Myersville owned water main or other water distribution system of the building served.
CAPITAL EXPENDITURES
The costs for providing a new community system or improvements to an existing community system.
CLASSIFICATION
All land within a service area is classified into one of four types, namely: agricultural, small acreage, industrial or business (commercial), and residential These main classifications may be further subdivided.
COMMUNITY FACILITIES or COMMUNITY SYSTEM
A water and/or sewer system intended to serve a "development area" as defined herein and which is not intended to be constituted as a part of the Town's existing water and/or sewer system at the time of its initial construction.
CONNECTION CHARGE
A charge which is established by the Mayor and Council of Myersville and must be paid by the intended user prior to utilization of the Town water and sewer system. The funds derived from these charges may be used for payment of principal and interest on bonds, accumulating funds for capital improvements, for acquisition of water and sewerage systems and the operation and maintenance thereof and for the purchase of equipment and supplies necessary to the operation of the Council; also known as "tap fee," "hook-up charge" or "ready-to-serve charge."
COST
May include any or all of the following: the cost of constructing any such system, the cost of improvements, the cost of all lands, properties, rights, easements, franchises and permits acquired, the cost of all machinery and equipment, financing charges, bond issue, expenses, interest on bonds prior to and during initial construction or during construction of improvements; and for not more than one year after completion of construction, the cost of engineering and legal services plans, specifications, surveys, estimates of cost and of revenue, other expenses necessary or incident to the determining of the feasibility or productivity of any such improvements or construction, actual administrative expenses attributable to the particular system indicated in the application and as may be necessary or incident to the financing authorized, to the improvement or construction of the system, and the placing of same in operation. Any obligation or expense incurred by the Town prior to the issuance of any bonds for engineering studies, estimates of cost and revenue, and for other technical or professional service, may be regarded as part of the cost of any such system.
DEPARTMENT
The Town of Myersville Water and Sewer Department with the staff assistance and supervision of the Division of Public Works of Frederick County Government in consonance with memorandums of agreement between the Board of Frederick County Commissioners and the Mayor and Council of the Town of Myersville, Maryland.
DEVELOPMENT AREA
The area owned or controlled by the applicant in which the sewer and/or water system is to be installed, and which is the subject of an application for service.
DRAINAGE AREA
The area(s) designated in the latest revision of the County Water and Sewer Plan in which the property is located, which is the subject of an application for service.
DWELLING UNIT
A building or portion thereof occupied or intended to be occupied exclusively for residential purposes by one family or housekeeping unit.
FULL-TIME INSPECTION
This type of inspection will include the following: excavation of the pipe trench from the system connection itself to the dwelling, the trench foundation, the proper line and grade, the proper materials and workmanship, the backfilling and compaction on the trench to its full height.
FULL-TIME INSPECTION, MODIFIED
This type of inspection will include proper materials and workmanship, the backfilling and compaction of the trench to a point two feet above the pipe.
LINE
The water or sewer collector or transmission conduit.
LIVING UNIT
Also referred to as an "equivalent unit" or "dwelling unit." A living unit is assumed to discharge 250 gallons of sewage per day to the sewerage system.
LOT
When used in this chapter, also refers to a parcel or tract or other similar land area.
PLANNING COMMISSION
The Town of Myersville, Planning and Zoning Commission with staff assistance as outlined in memoranda of agreements between the Frederick County Planning and Zoning Commission, Board of Frederick County Commissioners and the Mayor and Council Town of Myersville, Maryland.
PUMPING STATION
Pumping units with appurtenances and structures to convey water or sewage under pressure to transmission or interceptor facilities.
SERVICE CHARGE
Those costs for a system directly attributable to and directly related to the volume of water used by or the volume of sewage discharged by the user. Also known as the "user charge" or "usage charge."
A. 
Before the Town will consider the establishment or extension of a water or wastewater system to a development area, said area must have the proper classification in the Town Land Use Map, should be within the corporate limits of the Town or the applicant should be willing to initiate legal requirements for annexation of the development area into the corporate limits or negotiate an agreement that will bear costs of extension of services that are at least comparable with the investment in the current system by residents whose property is within the existing Town limits. No action will be initiated by the Town for extension of services outside of the corporate limits unless said area has the proper classification in the Frederick County Water and Sewer Plan.
B. 
The Town will not consider an application for water or sewer service if the application requires service greater than allowed by zoning then applied to the development area, or which may exceed the Town's water resource potential.
C. 
The applicant shall enter into a public works agreement with the Town to cover all particulars relevant to the proposed community water and wastewater facilities.
D. 
The applicant shall guarantee payment of all costs that are to be levied against the applicant for provisions of service not covered by § 154-4 in a manner approved by the Mayor and Council of Myersville. Said cost shall include:
(1) 
A contingency of 10% of the construction costs as determined by the contract award to permit minor modifications and assure completion of the proposed project. Any unused funds shall be returned to the applicant at the completion of the construction for the particular project.
(2) 
Advance payment of the estimated cost of future abandonment of any temporary facilities; provided, however, that any funds deposited for such purpose in excess of the actual cost of said abandonment shall be refunded to the applicant. Payment will be made only upon verification and application to the Town by the party entitled thereto.
E. 
Off-site and on-site construction of water and/or sewer facilities.
(1) 
Off-site and on-site construction of water and/or sewer facilities will be:
(a) 
Sized to serve the drainage area or system area in accordance with Town requirements or county requirements or the Water and Sewer Plan if indicated in the plan; and
(b) 
Funded by the applicant to the extent of his requirements. The cost of oversizing will be borne by the Town, county, or other users as appropriate.
(2) 
Sewage pumping facilities to serve only the applicant's property are not eligible for recovery.
F. 
Off-site construction cost recovery policy for funds advanced by the applicant. A portion of each connection charge for each of the applicant's equivalent dwelling units served will be allowed as a credit toward the recovery by the applicant of the funds which he advances to the Town or county for off-site lines and/or facilities. In case of facilities, the credit shall be 85% of the connection charge; in the case of lines, the credit shall be 40% of the connection charge. The total of the credits allowed cannot exceed the amount of such funds advanced by the applicant.
G. 
The Town or county shall design or have designed the community water and or wastewater facilities and shall attempt to obtain all required approvals, permits, and off-site rights-of-way and easements.
H. 
The Town and county recognize the right of the applicant to design and construct off-site facilities. Where it is necessary to procure property or easements which are off-site rather than on a site controlled by the applicant, the Town or county will aid in said procurement as permitted by law, and where the same is deemed for a public rather than a private purpose.
I. 
The applicant shall provide to the Town all required on-site properties and easements before the proposed project is advertised for construction bids.
J. 
The Town and county will administer all contracts and inspect all construction at the expense of the developer.
K. 
All design and construction shall be in accordance with the latest approved "Frederick County Plans and Specifications" and "Standard Details" for water and wastewater construction as used by the Frederick County Division of Public Works.
L. 
Design and construction contracts may allow special provisions which address unique, unusual, or special conditions found within the area where work is to be performed.
A. 
The Town or its agent will supervise the design and construction of new facilities or extensions, or additions to existing facilities that are permitted to be designed and constructed by the applicant.
B. 
When the applicant receives authorization from the Town to design and/or construct facilities for its development area, the following will apply:
(1) 
Applicant-designed facilities shall be designed by a registered professional engineer of the applicant's choosing and approved by the Town.
(2) 
The applicant shall submit preliminary documents consisting of plans, specifications, and design calculations to the Town or its agent for review and approval.
(3) 
The Town or its agent shall review the preliminary documents and notify the applicant in writing of its evaluation of the proposed project within 45 days of receipt.
(4) 
The applicant shall submit completed final plans and specifications to the Town and county for their approval.
(5) 
Prior to the award of a contract for the construction of the facilities, the developer and the Town will enter into a public works agreement guaranteeing that all applicable costs will be borne by the developer.
(a) 
The agreement will include a guarantee for covering the first two years' actual operating cost of the new system.
(b) 
Revenues received from users during the first two years will reduce the guarantee required to be on hand.
(6) 
The Town will establish a system budget and set service charges prior to the occupancy of the first structures.
(7) 
The applicant must construct all water and sewerage facilities in accordance with the approved plans, specifications, and the Frederick County Code. The inspection of all construction shall be by a representative of the Town and county.
A. 
The design and construction overhead fees will be fixed and collected, and from time to time revised or amended by resolution of the Town Council. The initial overhead fee must be provided by the applicant in advance of the notice to proceed with design and/or construction. A final overhead fee will be based on actual design and/or construction contract charges. The final overhead fee will be based on the same rate schedule used to determine the initial overhead fee. If the final overhead fee exceeds the initial overhead fee paid, the applicant will provide the county with the additional funds required prior to approval and acceptance of the facility(ies).
B. 
If the final overhead fee is less than the initial overhead fee paid, the county will forward the excess amount to the applicant prior to approval and acceptance of the facility(ies). The overhead fee is intended to cover county charges for review of design, inspection of construction, administrative, legal, and consultant services directly related to accomplishing the design and/or construction of the facilities.
C. 
It is the intent of this section that the fee schedule described herein is to be applied to design and/or construction contracts whether said contracts are entered into by the applicant or by the county or Town of Myersville on behalf of the applicant requesting service. (See Appendix for current fee schedule.[1])
[1]
Editor's Note: The Appendix is included at the end of this chapter.
A. 
If the property is to be connected to a Town-owned water and/or sewer system, the applicant must apply for a connection permit at the office of the Frederick County Public Works Department and pay the certificate of use and occupancy fee.
B. 
The specifications in the County Plumbing Code shall be followed for water and sewer line construction from the property line to the structure.
C. 
The applicant must notify the County Engineering Department when the construction will be started and at what location. The notification must be received 24 hours prior to the commencement of construction.
D. 
Types of inspection.
(1) 
The Engineering Department will provide at least modified full-time inspection on all projects, and it will be the responsibility of the inspector on the project to approve or disapprove the connection. (See Appendix D, Fee Schedule.[1])
[1]
Editor's Note: Appendix D is included at the end of this chapter.
(2) 
If, at the discretion of the Engineering Department, it is determined that full-time on-site water and/or sewer inspection is needed, a modified public works agreement shall be required instead of the connection fee schedule. Said modified public works agreement shall be accompanied by a contractor's proposal and the inspection fee estimated by the construction contract fee schedule, Appendix D.[2] Final adjustment of the inspection shall be based on the county inspector's total time plus fringes times the current overhead factor.
[2]
Editor's Note: Appendix D is included at the end of this chapter.
E. 
If approved, the County Engineering Department shall be responsible for sending a signed copy of the connection permit to the County Plumbing Department and a signed copy to the County Water and Sewer Department.
F. 
As stated in Subsection A, if the property is to be connected to a Town-owned water and/or sewer system, the certificate of use and occupancy fee will be paid at the time the applicant applies for a connection permit.
G. 
The building permit will signify that the certificate of use and occupancy fee has been paid.
H. 
After all the work related to the structure is completed, the Permits and Inspection Department will forward the applicable certificate of use and occupancy to the Engineering Department for final inspection.
I. 
The Engineering Department will make a final inspection of the sewer cleanouts, curbstop boxes or meter vaults, and meters.
J. 
If everything is in order, the certificate of use and occupancy shall be approved by the Engineering Department and forwarded to the Department of Permits and Inspection.
A. 
All properties within the designated service area of a water or sewer system shall connect to the system and pay such costs as required by the Town of Myersville Charter or the County Code and these regulations, except: parcels upon which a residential structure sits more than 200 feet from a system transmission or distribution line.
B. 
The above exemption is to be applied only to residential structures issued a building permit before the property was placed in the area.
C. 
When any water or sewer system or part thereof is declared by the Town to be complete and ready for the delivery of water or the reception of sewage, every abutting property owner, after due notice by certified mail, shall make a connection of all spigots, hydrants, toilets, and waste drains within 120 calendar days from the date said system is declared ready for service.
D. 
When a lot is created within the service area after a system is declared ready for service, the property owner shall be responsible for paying all costs of connection to the system, including the cost of bringing the service to the property line.
E. 
When a property has sewer service, the owner or the lessees of the property may not connect sump pumps, roof leaders, roof drains or area drains, or any other device that diverts stormwater into the sewage system. If such connections to the sewer system are found, they shall be immediately disconnected.
A. 
If it is determined to be necessary to have a procedure where sewer or water connections, because of their scarcity, must be allocated, it will be accomplished in a manner that provides for an equitable distribution based upon the Town's growth and fiscal management policies.
B. 
The actual number of connections available and the manner in which they are divided among the various land uses may vary between service areas. The allocation requirements for the specified system will govern where there is conflict with this section.
C. 
The total connections available will be reduced by connection for public service and health hazard areas which will have priority over all other land use classifications.
[Amended 10-11-2005]
D. 
The general policy will be to allocate the remaining connections based upon the ratio of planned residential land to planned industrial and commercial land as found in the Town of Myersville Comprehensive Plan. The areas of each type are converted to equivalent units and it is the ratio of these that forms the percentage allocations. Institutional type - uses such as a church are counted as residential for these purposes. Properties already having structures will be given preference.
E. 
All allocations of connections are to be assigned to the property and remain the property unless they are placed back into the allocation pool.
F. 
Taps.
(1) 
Allocated taps are good for two years. If not used within two years the Town of Myersville may rescind the allocation. Fees collected will not be returned if the taps are rescinded.
(2) 
The Town of Myersville will notify the holder of record of the tap 30 days prior to taking the action to rescind the taps.
(3) 
The property for which a tap has been allocated will be assessed the minimum charge beginning one year after receipt of the tap if a physical connection has not been made to the system. Once a physical connection has been made, then the property will be billed in accord with the rate structure applicable to that system.
(4) 
Taps rescinded or returned by the holder of record will be returned to the allocation pool.
G. 
Preference on allocations will be given to projects that have received allocations in previous years and can demonstrate that the connections are being used in a timely manner.
H. 
The Town may enter into multiyear agreements to assure continuity of a project, but the project will be monitored yearly to determine if the connections are being used in a timely manner or at a rate sufficient to justify granting the next year's full allocation.
I. 
The cost of connections will be as per the schedule in the Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A. 
The rates for connection to the systems will be fixed and collected and from time to time revised or amended, by resolution of the Mayor and Council of Myersville. (See Appendix A for the current connection charges.[1])
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B. 
Connection charges are due and payable prior to the issuance of a building permit or a plumbing permit if a structure already exists.
C. 
The above charges also apply in the case where a new system or the extension of an existing system has been declared ready for service and where adjoining property owners are required to connect.
D. 
Where non-Town funds have been made available to pay for all or part of the capital cost of the system, the Mayor and Council of Myersville may, by resolution, reduce all or part of the connection charge.
E. 
On any property classified as commercial, the first residential living unit will be billed for sewer charges at the prevailing residential rate and any additional living units will be billed at the prevailing commercial rate.
F. 
Commercial, industrial and institutional sewer connection.
(1) 
The charge per fixture unit value will be based upon the fixture unit charge (see Appendix B[2]) and will be required to be paid prior to the issuance of a building permit.
[2]
Editor's Note: Appendix B is included at the end of this chapter.
(2) 
Motel rooms will be charged at the prescribed rate for each motel room bathroom facility.
(3) 
Fire, rescue and ambulance companies as recognized by the Town and Frederick County shall be charged as stated in Appendix A.[3]
[3]
Editor's Note: Appendix A is included at the end of this chapter.
G. 
All funds received from water and sewer connection charges shall be deposited into the Myersville Water and Sewer Improvement Fund, and such charges shall be utilized, if necessary, for debt service payments for a loan from the Maryland Water Quality Financing Administration, which loan is intended to finance improvements to the Myersville wastewater treatment plant and the Myersville water treatment plant.
A. 
The rates for the use and service of the system will be based upon an approved budget adopted by the Mayor and Council of Myersville after the required budget hearings. (See Appendix F for specific water and sewer current charges.[1])
[1]
Editor's Note: Appendix F is included at the end of this chapter.
B. 
The Mayor and Council may set a base or minimum service charge applicable to the specific water and sewer system or any combination of water or sewer systems.
C. 
Service charge billing.
(1) 
For new construction, the billing of service charges will begin on the first day of the second month following the date of approved connection, or on the date of transfer, whichever occurs first.
(2) 
Where a connection to an occupied or previously occupied structure is made, charges will begin on the first day of the month following the date of approved connection.
D. 
Specific water service charges.
(1) 
Where water is metered, the service charge will be based upon the meter reading or the minimum charge for the billing period, whichever is greater.
E. 
Specific sewer service charges.
(1) 
Churches will be assessed one service charge per each physical structure connected to the system.
[Amended 3-12-2002 by Ord. No. 2002-5; 6-14-2005]
A. 
General. Any person aggrieved by any decision or determination made under this chapter may appeal such decision or determination, in writing, to the Mayor and Council. The written appeal shall identify the decision or determination from which the appeal is made, the date of the decision or determination, the person, committee or agency making the decision or determination, the reasons for the alleged error and the relief requested.
B. 
Excessive water bill. The Mayor and Council may grant an adjustment in the amount of a sewer bill for a residential property if the accompanying water bill reflects an abnormal and excessive use of water which was due to failure of or leakage in a water service line. A request for an adjustment under this subsection shall be made in writing on an application provided by the Town providing a description of the nature and cause of the failure or leakage, the type and location of the service line which failed or leaked, and the method by which the problem was repaired. The application shall be accompanied by documentation from a licensed plumbing contractor or other source acceptable to the Mayor and Council which identifies the location of the failure or leakage. An adjustment in the amount of the sewer service bill may be made in the sole discretion of the Mayor and Council; provided, however, that the adjustment, if granted, shall be permitted only for the billing cycle in which the water leak was discovered. If the Mayor and Council authorize an adjustment in the sewer service bill, the adjusted amount which the customer shall be required to pay shall be the average of the last four quarterly billing cycles of the sewer bills for that property prior to the quarter in which the leak was discovered. No adjustment in the amount of the water bill may be made.
[Amended 4-12-2011 by Ord. No. 2011-01]
A. 
No person, organization or agency may withdraw water from a system without the written permission of the Myersville Mayor and Council.
B. 
Anyone desiring to use water from the Myersville system will contact the Mayor and Council for permission. A charge will be made for said withdrawal based upon the amount used.
C. 
No person will cut, break, pierce or tap any water or sewer line or appurtenance thereof without written permission from the Myersville Water and Sewer Department or Town agent, as appropriate.