[Amended 1-27-2003 by Ord. No. 693; 6-14-2004 by Ord. No. 715; 12-6-2007 by Ord. No. 773; 11-24-2008 by Ord. No. 793]
A.
From and after the effective date of this section,
in any instance in which the City shall furnish sewage service to
any building, dwelling, apartment, living unit or other building or
structure, as herein set forth, a special benefit assessment is hereby
levied and imposed, payable prior to the issuance of a building permit,
upon the owner of such property or properties to be served in the
amount or amounts as provided in the Utility Fee Ordinance.[1]
B.
In any
instance in which an existing structure is altered to convert to additional
dwelling units, commercial units or business offices, there shall
be imposed a special benefit assessment as provided in the Utility
Fee Ordinance. However, in no event shall the cumulative assessment
for said alterations exceed 75% of the assessment for new construction.
C.
In any
instance in which an industrial or commercial structure is altered
to add additional square footage, there shall be imposed a special
benefit assessment in accordance with the schedules as provided in
the Utility Fee Ordinance. Expansion of existing structures shall
be allowed credit for previously paid special benefit assessments
in all types of uses, except dwellings and dwelling units and planned
unit development.
D.
In any
instance in which a school or college expands existing structures
or constructs new buildings for nonresident use, there shall be imposed
a special benefit assessment in accordance with the schedule section
of the Utility Fee Ordinance entitled “Industrial Warehousing.”
In the instance where a school or college adds or expands its residential
buildings, a benefit assessment shall be imposed in accordance with
the section of the Utility Fee Ordinance entitled “Dwellings
and Dwelling Units,” or, in the event of construction of dormitories,
the schedule entitled “Schools and Colleges, Including Dormitories”
shall be applicable.
E.
In any
instance in which a continuing-care facility licensed by the State
Department of Aging provides three levels of care for individuals
60 years of age or older, “independent living,” “assisted
living,” and “comprehensive care” as those terms
are defined by Maryland law, and also owns and maintains substantial
on-site infrastructure, there shall be imposed a special benefit assessment
in the following amounts. For independent-living units (single-family
dwelling units or apartments or multifamily units) there shall be
imposed a special benefit assessment in the amount of 65% of the amount
of assessment set forth for said uses in the Utility Fee Ordinance.
For assisted-living units and/or comprehensive-care units the amount
of assessment shall be the same as set forth in the Utility Fee Ordinance
for hospitals, care homes and nursing homes.
F.
In situations
where no specified category is provided for in this section, the Director
of Planning shall determine the applicable special benefit assessment
to be charged, but in no case shall such charges exceed those existing
in the Utility Fee Ordinance.
G.
The Director
of Planning may waive or modify special benefit assessments for the
construction or rehabilitation of lower-income housing units as authorized
under § 21-101 of Article 24 of the Annotated Code of Maryland.
A.
It shall be the duty of the Director to notify, in
writing, each property owner whose property reasonably can be served
by a newly installed sewer line and who is not connected thereto that
such owner shall have a period of one year in which to connect to
such sewer and to pay the applicable special benefit assessment therefor,
without the imposition of any penalty.
B.
It shall be the duty of the Director to notify, in
writing, each property owner whose property reasonably can be served
by a then-existing sewer line and who is not connected thereto that
such owner shall have a period of six months in which to connect to
such sewer and to pay the connection charge and applicable special
benefit assessment therefor without the imposition of any penalty.
C.
After the expiration of one year from the date of the notice provided for in Subsection A of this section or upon the expiration of six months from the date of notice provided for in Subsection B of this section, any property owner so notified who has not then paid the connection charge and special benefit assessment applicable to his property shall pay a penalty of 1% of such charge or assessment, or both, for each month or fraction thereof that such charge or assessment remains unpaid.
A.
From and after July 1, 1976, in any instance in which the City shall supply sewer service to any building, dwelling, apartment, living unit or structure located on any industrially zoned land as approved or as may be approved from time to time by the County Planning Commission and as shown on approved Zoning Maps and recorded among the land records of the county or any lands lying within the area delineated on a plat prepared by J.B. Ferguson Engineering, Inc., and designated "Exhibit A, Avondale Sewer Service Area, City of Westminster, Carroll County, Maryland," which plat is hereby adopted by reference, a special benefit assessment is hereby levied and imposed upon the owner of such property to be served, payable prior to the issuance of a building permit of an amount double the special benefit assessments or charges provided in § 124-24 of this chapter.
B.
Special acreage assessment charges. From and after
July 1, 1976, in any instance in which the City shall supply sewer
service to any building, dwelling, apartment, living unit or other
structure lying within the area delineated on a plat prepared by J.B.
Ferguson Engineering, Inc., and designated “Exhibit A, Service
Area, City of Westminster, Carroll County, Maryland,” which
plat is hereby adopted by reference, a special acreage assessment
is hereby levied upon the owner of the land so served, in addition
to all other charges and assessments levied thereon, as provided in
the Utility Fee Ordinance.[1]
[Amended 11-24-2008 by Ord. No. 793]
C.
The Director of Finance of the City is hereby directed to account separately for all sums received from the double special benefit assessment, as provided in Subsection A, and the special acreage assessment, as provided in Subsection B, over and above all other charges or assessments provided in this chapter. At such time as the excess sums collected under Subsections A and B shall equal the cost of all transmission lines, mains, pumping stations, land rights, appurtenances and other costs and expenses, exclusive of administrative services, incurred by the City for the purpose of extending sewer service to the area delineated on the plat, hereby adopted by reference, or to the buildings, dwellings, apartment units or other structures erected thereupon, then the provisions of Subsections A and B shall be and become void and of no further effect. Any residential dwelling existing on April 5, 1976, located within the specially designated service area, shall be exempt from the special acre assessment charges in Subsection B and the Utility Fee Ordinance.
[Amended 11-24-2008 by Ord. No. 793]
A.
From and after April 30, 1980, in any instance in which the City shall supply sewer service to any building, dwelling, apartment, living unit or structure located on any industrially zoned land, as approved or as may be approved from time to time by the Carroll County Planning Commission and as shown on approved Zoning Maps and recorded among the land records of Carroll County or any lands lying within the area delineated "Limits of Drainage Area" on a plat attached hereto and made a part hereof as Exhibit A, prepared by the Bureau of Planning and Engineering, Department of Public Works, dated January 1980, and entitled "Drainage Area Map for Air Business Center Sewage System," a special benefit assessment is hereby levied and imposed upon the owner or owners of such property or properties to be served, payable prior to the issuance of a building permit, of an amount calculated to be 150% the normal benefit assessments or charges provided in § 124-24 of this chapter, such charge to be in lieu of the standard special benefit charge.
B.
Special acreage assessment charges. From and after
April 30, 1980, in any instance in which the City shall supply sewer
service to any building, dwelling, apartment, living unit or other
structure lying within the area delineated “Limits of Drainage
Area” on a plat attached hereto and made a part hereof as “Exhibit
A” prepared by the Bureau of Planning and Engineering, Department
of Public Works, dated January 1980, and entitled “Drainage
Area Map for Air Business Center Sewage System,” a special acreage
assessment is hereby levied upon the owner or owners of the land so
served, in addition to all other charges and assessments levied thereon,
as provided in the Utility Fee Ordinance.
[Amended 11-24-2008 by Ord. No. 793[1]]
C.
The City has entered into a public works agreement dated March 24, 1980, with the Commissioners of Carroll County, (hereinafter referred to as the "county"), which public works agreement is on file with the Director of Public Works of the City, providing for, among other things, credits to the City against the loan due the county for construction costs of the project in consideration of satisfaction or partial satisfaction of the charges established in Subsections A and B hereof for certain lands within the drainage area for the Air Business Center Sewage System, which public works agreement is hereby ratified and adopted herein.
D.
Accounting and termination.
(1)
The Director of Finance of the City is hereby directed to account separately for all sums received from the Air Business Center drainage area special benefit assessment charge, as provided in Subsection A, and the special acreage assessment, as provided in Subsection B, over and above all other charges or assessments provided in this chapter. At such time as the sums collected under Subsections A and B shall equal the City's cost of purchase of all transmission lines, mains, pumping stations, land rights, appurtenances and other costs and expenses, exclusive of administrative services, incurred by the City for the extension of sewer service to the area delineated on the plat attached hereto or to the buildings, dwellings, apartment units or other structures erected thereupon, then the provisions of Subsections A and B shall become void and of no further effect.
(2)
Payments by the City to the county of special assessments as provided for in the aforesaid public works agreement dated March 24, 1980, shall be limited only to monies received by the City from the special assessments collected under provisions of Subsections A, B and the Utility Fee Ordinance.
[Amended 11-24-2008 by Ord. No. 793]
