[Adopted 5-9-2006 by Ord. No. 2006-2]
A.Â
The Mayor and Council of Snow Hill find that temporary
shortages of available capacity in water and wastewater facilities
may occur as a result of health, environmental, financial considerations,
as well as smart growth demands. They further find that there is no
mechanism currently in place by which the Town can monitor the available
allocation of wastewater. The Town has determined that in order to
pursue these goals and to permit growth within the resources of the
community, it is necessary to establish a method by which available
capacity may be allocated.
B.Â
The Mayor and Council of Show Hill further find that
an allocation procedure will help to implement the Comprehensive Development
Plan by ensuring that adequate public water and sewer facilities are
available in a timely and well planned manager. In addition, it will
assist in addressing the cost of providing needed public water and
sewer capacity to ensure that Snow Hill remains a desirable place
to work and live.
C.Â
It is the intent of the Mayor and Council that the
provisions of this article shall accomplish these objectives, that
the cost of construction and expansion of wastewater facilities be
generally borne by those who will directly benefit, that a fair and
equitable method of allotting available 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.
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be follows:
Wastewater capacity reserved by a developer or land owner
for use at a particular property.
The subdivision of an existing lot or lots or parcels of
land into multiple lots or parcels for purpose of residential, commercial,
industrial or mixed use construction.
A measurement based upon a structure or use, existing or
planned, which produces the same amount of sewage flow or water consumption
as an average single-family residence in the Town. Any single-family
residence, not being used for any other purpose, shall be classified
as one "equivalent dwelling unit" rating. Current Maryland Department
of Environment regulations provide that one EDU is equivalent to 250
gallons of wastewater effluent per day.
Those lots or parcels of land within the current boundaries
of the Town of Snow Hill as configured on April 11,2006.
The signing and dating of a final record plat by the Planning Commission as required under Chapter 166, Subdivision of Land.
A charge levied to obtain an allocation of available wastewater capacity at the time the allocation is granted. Such charge shall be equal to the wastewater connection fee established under Article IV, titled "Sewage Charges," of this chapter.
Shall have the same meaning stated in Chapter 166, Subdivision of Land.
A.Â
This article shall be applicable to all lands within
the boundaries of the Town of Snow Hill, and any development receiving
final plat approval after April 11, 2006, shall be required to comply
with the provisions hereof.
B.Â
In the event of any conflict with other provisions
of the Code of the Town of Snow Hill, the provisions of this article
shall govern.
A.Â
Sewer permits shall be issued in accordance with § 193-34B of this chapter. The sewer allocation fees shall be those fees established under Chapter 193, Article IV, Sewage Charges, of the Code of the Town of Snow Hill for water and sewer connections. The amount of the fee shall be determined as of the date of application for the building permit.
B.Â
Procedure.
(1)Â
The developer shall submit an application for subdivision approval in accordance with Chapter 166 of the Code of Snow Hill and this article.
(2)Â
Simultaneously with the submission of a concept plan,
the developer shall submit an application for a sewer allocation.
(3)Â
Following preliminary plat tentative approval, the
developer shall be permitted to proceed with the subdivision process
for approval of a final subdivision plat which shall not exceed 50
lots or EDUs. However, building permits shall not exceed 20 units
per development within any given calendar year until the proposed
1.2 MGD wastewater treatment plant is operating at full capacity.
The intent is that no subdivision may proceed except in phases, each
phase not to exceed 50 lots OR EDUs.
[Amended 9-11-2007 by Ord. No. 2007-3]
(4)Â
In addition to the requirements of Chapter 166, the developer shall provide an estimate prepared, signed and sealed by a professional engineer of the anticipated cost of required public improvements for lots shown on proposed final plat, and any improvements on the preliminary plat necessary to support the proposed final plat.
(6)Â
Upon receipt of the executed public works agreement,
required security and confirmation of final plat approval, the Town
shall allocate to the developer the appropriate number of EDUs, and
the developer shall be authorized to record the final plat.
(7)Â
No final subdivision plat may be recorded if capacity
is not available.
A.Â
The holder of an allocation of EDUs issued pursuant
to this article has three years from the date of allocation to use
the allocation. The payment of water and sewer connection fees and
the issuance of a building permit shall constitute utilization of
the allocation. Failure to utilize the allocation within three years
shall result in forfeiture of the allocation.
B.Â
Extensions of the three-year period shall be granted
by the Mayor and Council, provided an extension request is submitted
in writing prior to the expiration of the allocation and the developer
has shown good faith effort to complete the project.
C.Â
Award of the EDU allocation shall vest upon issuance
of the building permit or payment or all water and sewer connection
fees, whichever comes first.
The allocation established for any applicant
pursuant to this article shall be for the property specified in the
application and shall not be transferable to any other property.
The grant of a special exception, reclassification
of property or other zoning action does not entitle person to an allocation
of water or wastewater capacity for that property.
