[Adopted 5-9-2006 by Ord. No. 2006-2]
A. 
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. 
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. 
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:
ALLOCATION
Wastewater capacity reserved by a developer or land owner for use at a particular property.
DEVELOPMENT
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.
EQUIVALENT DWELLING UNIT (EDU)
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.
EXISTING PARCELS OR LOTS
Those lots or parcels of land within the current boundaries of the Town of Snow Hill as configured on April 11,2006.
FINAL PLAT APPROVAL
The signing and dating of a final record plat by the Planning Commission as required under Chapter 166, Subdivision of Land.
SEWER ALLOCATION CHARGE
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.
SUBDIVISION
Shall have the same meaning stated in Chapter 166, Subdivision of Land.
A. 
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. 
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. 
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. 
Procedure.
(1) 
The developer shall submit an application for subdivision approval in accordance with Chapter 166 of the Code of Snow Hill and this article.
(2) 
Simultaneously with the submission of a concept plan, the developer shall submit an application for a sewer allocation.
(3) 
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) 
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.
(5) 
The developer shall execute a public works agreement and post acceptable security in accordance with Chapter 166, § 166-25B, for 110% of the estimated cost of public improvements. (Performance bonds are not sufficient security.)
(6) 
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) 
No final subdivision plat may be recorded if capacity is not available.
A. 
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. 
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. 
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 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.
A. 
If capacity is not available, allocations will be issued upon the availability of additional capacity in the order that the applications were submitted.
B. 
A replacement of or addition to an existing dwelling is not subject to sewage allocation charges.