[HISTORY: Adopted by the County Council of
Talbot County 7-11-2000 by Bill
No. 766. Amendments noted where applicable.]
A.
A sanitary sewer construction district may be created
through County Council legislative action in response to a written
petition from at least 2/3 of the owners whose property is proposed
to be included in the district. Each parcel or lot shall have a single
vote and shall be assessed a separate pro rata share of the cost,
which shall become a benefit assessment against the parcel or lot.
The petition shall include an agreed upon pro rata distribution among
the petitioners of all costs incurred to develop construction cost
estimates, and a proposed pro rata distribution of all costs among
the property owners in the event the district is established. All
proposed sanitary sewer construction districts shall be consistent
with County planning policies set forth in the current edition of
the Comprehensive Water and Sewerage Plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
A sanitary sewer construction district may not be
created unless adequate properties, rights-of-way and easements are
available to accommodate the proposed construction; and sufficient
sewage treatment capacity exists to accommodate the increased flows
from the project. Acquisition of all necessary property rights or
interests shall be the responsibility of the district, or shall be
at the expense of the district if the County agrees to acquire them.
Identification of all property, the nature and extent of the interest
proposed to be acquired, and a verification of petitioner's ability
to acquire the properties shall be submitted with the petition to
establish the district. Nothing in this chapter shall limit the County
Council's authority to acquire necessary property rights by condemnation.
C.
A sanitary sewer construction district ordinance shall
designate the area to be included within the district and shall authorize
the County Engineer to administer, supervise, or monitor sanitary
sewer and facilities construction and related activities. The ordinance
shall also include the pro rata distribution of all costs among the
property owners in the district. The program shall be developed in
accordance with the provisions of a sanitary sewer construction or
public works agreement between the County and the authorized representative
of the sanitary sewer construction district, including, but not limited
to, the following options:
(1)
Utilization of County resources for necessary engineering,
design, construction, inspection, and management services;
(2)
Solicitation, by the County, of necessary engineering,
design, construction, and inspection services, and management of the
contracts by the County;
(3)
Solicitation, by the petitioners requesting the district,
of necessary engineering, design, construction, inspection, and management
services, under the supervision and approval of the County.
D.
All costs incurred by the County in the development
of the project, including administrative costs, legal fees, and financing
costs, shall be reimbursed to the County in accordance with the pro
rata distribution proposed in the petition by the property owners
proposing or comprising the sanitary sewer construction district.
All costs incurred by the property owners in the development of the
project, including feasibility studies and design costs, shall be
borne directly by the property owners but may be included in the overall
project financing if the sanitary construction district is approved.
The County may establish a predevelopment improvement fund, wherein
benefit assessments are charged and funds accrued before incurring
costs, or create a post-development benefit assessment of lump sum
or amortized costs, at such rate and term as authorized by the County
Council.
E.
At such point, prior to construction, that the costs
of the project can be reasonably estimated, the County Council shall
conduct a public meeting, of which all property owners in the sanitary
sewer construction district shall be notified, in writing, and which
shall be publicly advertised for two consecutive weeks in a newspaper
of general circulation in the County. At the meeting, the property
owners shall be advised of the costs of the development and shall
indicate, based on a majority consensus, whether the project should
proceed. After conducting the meeting and receiving public comments
and the recommendations of the County Engineer and other reviewing
County officials, the Council shall determine whether or not to proceed
with the proposed project.
F.
Upon approval of the costs and authorization by the
County Council, the County Council shall delineate the sanitary sewer
construction district boundaries. All properties within the sanitary
sewer construction district boundaries will be required to participate
in the project. The project shall proceed in accordance with the provisions
of the executed sanitary sewer construction or public works agreement,
which shall include a maximum time period for project completion,
transfer provisions for all properties, rights, and interests necessary
for the project, and benefit assessments to each property in accordance
with the pro rata distribution proposed in the petition. If the project
is not completed as specified, any newly acquired properties shall
be returned to their former owners and any easements or rights-of-way
associated with the project shall be released to the source properties.
G.
If the project is financed by the County, benefit
assessments shall be levied by the County upon all real property in
the sanitary sewer construction district. The benefit charge shall
be sufficient to reimburse the County for all costs incurred for the
project, including the principal and interest payments on any debt
created by the County to finance the costs of the project. Benefit
assessments shall be prorated according to current property value
assessments, or alternate cost-sharing arrangement approved by the
County Council, for all properties included in the sanitary sewer
construction district. The benefit assessment shall be a lien upon
the real property against which it is assessed. Its duration and amount
shall be recorded in the land records of Talbot County, and it shall
be collectible in the same manner as real estate taxes assessed against
the property. Failure to record the benefit assessment among the land
records shall not affect its validity or enforceability.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Upon satisfactory completion and acceptance of the
project, including execution and recordation of all deeds or other
instruments necessary to transfer all property interests required
for the construction, repair, and maintenance of the system, it shall
be incorporated into and become part of the public sanitary sewer
system owned by the County. At such time, the County shall assume
full responsibility for maintenance and repair of the system except
to the extent any sanitary sewer construction agreement provides otherwise.
I.
The County may construct, extend, modify, or upgrade
any public sanitary sewer or related facility without establishing
a sanitary sewer construction district if the County Council considers
such action necessary or proper to promote the public heath, safety,
or welfare.
A.
The County Engineer shall have the authority to negotiate,
execute, modify, and administer sanitary sewer construction agreements
on behalf of the County. The County Engineer shall not execute a sanitary
sewer construction agreement until all applicable fees, assessments,
or special charges which are due and payable have been paid.
B.
The design, construction, inspection, testing, acceptance,
warranty, transfer, and maintenance of public sanitary sewers and
related facilities shall proceed in accordance with the terms and
provisions of a sanitary sewer construction agreement between the
County and the developer or sanitary sewer construction district.
The agreement shall contain provisions for planning, administration,
design, development, materials, construction, testing, inspection,
approval, acceptance, transfer, warranty, and maintenance of the sanitary
sewer facilities and related facilities. The agreement shall also
include specific provisions for the settlement of disagreements and
disputes during the course of the construction so that suitable and
timely remedies are available without undue delay, expense, or hardship
to the County, the developer, or the district.
C.
All work shall be performed in accordance with applicable
requirements pertaining to wetland certifications, critical habitat
restrictions, sediment and erosion control, woodland and forest preservation,
shoreline protection, stormwater management, utility location and
protection, tributary stream and floodplain buffer zones or special
use areas, SHA and County right-of-way uses and accesses, construction
or building codes, special restrictions, planning coordination, impact
considerations, and any other applicable federal, state or local regulations.
D.
All sanitary sewer construction agreements shall include
provisions for insurance, funding, performance bonding, and maintenance
bonding to assure that the work is completed and protected in accordance
with the specifications. In the event of default by the party performing
or responsible for the work, the agreement shall assign to the County
the right of access to the reserved funds or assets needed to complete
the project.
E.
No subdivision plat creating new lots or parcels for
any project which includes construction of sanitary sewer facilities
shall be recorded without the execution of a sanitary sewer construction
agreement. The County may pursue any available remedy for failure
to comply with the terms of the agreement, including but not limited
to withholding of building permits, disallowance of hookup, or nonissuance
of certificates of occupancy.
