[HISTORY: Adopted by the Commissioners (now Town Council) of the Town of Denton 11-2-1987 by Ord. No. 236. Amendments noted where applicable.]
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
- Water or wastewater capacity reserved at a utility facility for use at a particular property.
- The apportionment of available capacity of water or wastewater by the Town Council among the uses set forth in § 125-3 of this chapter.
- AVAILABLE CAPACITY OF WASTEWATER
- The positive difference between the capacity of the components of the wastewater system and the computed flow through the system, less allocations granted and outstanding.
- AVAILABLE CAPACITY OF WATER
- The positive difference between the safe working capacity of the components of the water system and the computed flow through the system, less allocations granted and outstanding.
- BUILDABLE APPROVED LOT
- An approved lot that can reasonably be expected to receive the federal, state, county and Town approvals necessary for the issuance of a building permit and which is not included within an approved subdivision.
- CAPITAL ALLOCATION CONNECTION CHARGE
- A charge levied to obtain an allocation of available water or wastewater capacity at the time the allocation is granted. Such charge shall be equal to the water and wastewater connection fee.
- FINAL PLAT APPROVAL
- The signing and dating of a final record plat by the Planning Commission as required under Chapter 73, Land Subdivision.
- HOOK-UP FEE
- Equivalent in meaning to "capital allocation connection charge."
The Town Council of Denton finds that temporary shortages of available capacity in water and wastewater facilities may occur as a result of health, environmental or financial considerations. The Town Council of Denton further finds that there is no mechanism currently in place by which the Town of Denton can monitor the available allocation of water and wastewater, in accordance with Maryland Health-Environmental Code Annotated, § 9-512. The Town Council of Denton further finds that to pursue these goals, it is necessary to establish a method by which available capacity is calculated, priority of water and wastewater services is determined and available capacity is allotted.
Editor's Note: See now § 9-512 of the Environment Article of the Annotated Code of Maryland.
It is the intent of the Town Council of Denton that the provisions of this chapter shall accomplish these objectives, that the cost of construction and expansion of water and wastewater facilities be generally borne by those who will directly benefit, that a fair and equitable method of allotting available water and 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.
[Added 6-5-1989 by Ord. No. 258]
Any individual with a proprietary or financial interest in property located within the municipality of the Town of Denton may file an application for a sewer allocation within the provisions of this ordinance. Such individual shall complete a sewer allocation application prepared and approved by the Town Council of Denton and shall provide any and all documents required by the Town Council showing evidence of the financial or proprietary interest in the subject property.
The Town Council shall allot available water and wastewater capacity in accordance with the following uses:
Prior to granting preliminary plat approval, the Planning Commission shall notify the Town Council that an application for subdivision approval has been filed and that an allocation is required.
At the next regularly scheduled public meeting of the Town Council, the Town Council shall make an allocation in accordance with § 125-3 of this chapter.
The Town Council shall notify the subdivider in writing of the allotted allocation, and thereafter, the Planning Commission shall take action on the preliminary plat at the next regular meeting of the Planning Commission as required under Chapter 73, Land Subdivision.
If preliminary plat approval is not obtained within six months following the allocation approved by the Town Council, the allocation is forfeited. Upon good cause shown, the Town Council may extend the time in which to obtain preliminary plat approval for purposes only of retaining the allocation. In no event, however, shall any extension be granted under this section for a period of one year from the date of the original allocation approval.
[Added 6-5-1989 by Ord. No. 258; amended 8-7-1989 by Ord. No. 260]
[Amended 8-5-2009 by Ord. No. 584]
Prior to the issuance of any building permit for a buildable approved lot that has not already received an allocation, the Director of Planning and Codes shall be notified that an application for a building permit has been made and that an allocation is required.
The Director of Planning and Codes shall make an allocation in accordance with § 125-3 of this chapter.
The Director of Planning and Codes shall notify the applicant in writing of the allotted allocation and thereafter, the Town’s Building Official, at which time the building permit shall be issued, provided that all requirements set forth in Chapter 38, Building Construction, are met and, where applicable, site plan approval in Chapter 128, Zoning, is completed with and those fees outlined in § 125-6 are paid.
Each structure and use to be connected to the public water or wastewater system shall pay a capital allocation connection charge for each utility equal to those fees set forth in Ordinance Nos. 231 and 232, or any amendments thereto.
Schedule of payment for subdivider.
An applicant for a building permit to permit construction or the modification or alteration of an existing dwelling on a buildable lot must pay 100% of the capital allocation connection charge at the time the building permit is issued.
Editor's Note: Ord. Nos. 231 and 232 pertain to sewer and water fees; current fees and charges are on file and available in the office of the Town Clerk.
Failure to pay these fees in accordance with this section shall result in the immediate forfeiture of any allotted allocation granted by the Town Council.
Upon good cause shown, the Town Council may extend for a reasonable period the time for payment of the capital allocation connection charge under Subsection (1)(a) or (b) of this section.
[Added 8-7-1989 by Ord. No. 260]
An allotted allocation awarded to a subdivider shall be invalid after two years, and any payments made in accordance with § 125-6 shall be subject to refund in accordance with § 125-8, unless the subdivider:
Applies for certificates of occupancy for at least 50% of the subdivision at the end of the first year following preliminary plat approval; and thereafter, applies for certificates of occupancy for at least 75% of the subdivision at the end of the second year following preliminary plat approval.
[Amended 8-7-1989 by Ord. No. 260; 3-2-1992 by Ord. No. 292]
In the event that a subdivider or applicant for a building permit for a buildable approved lot has forfeited or lost an allocation as set forth in § 125-7 of this chapter, the subdivider or applicant shall be refunded any payment made under § 125-6, with the following deductions:
In the event that a subdivider or applicant for a building permit for a buildable approved lot has forfeited or lost an allocation, as set forth in § 125-6 or 125-7, and no payment has been made under § 125-6, the subdivider or applicant must pay the following charges to the Town of Denton.
The Town Council of Denton has the authority to waive all or any portion of the administrative fee or interest fee upon a finding of exceptional circumstances, limited to financial or developmental hardships caused by any water or sewer moratorium.
Except for those situations outlined herein, an allocation cannot be assigned or transferred.
An allotted allocation to a subdivision may be assigned or transferred for use within the subdivision for which the allocation was originally granted, provided that the transfer or assignment shall be:
In the event that assignment or transference is contemplated in accordance with Subsection B, the subdivider shall make a written request to the Town Council for a transfer of an allocation. The request shall specify those areas of the subdivision from which and to which the allocation will be transferred or assigned.
Before any transfer or assignment, the subdivider shall amend the preliminary or final plat which:
Indicates the specific areas of the subdivision from which and to which the allocation is transferred or assigned;
Deletes the lots from which the allocation was transferred;
Indicates the conditions, time limitations and the restrictions applicable to the areas subject to the assignment or transfer; and
Has the approval and signatures of the Planning Commission.
On transfer or assignment of an allocation, that portion of the subdivision from which the allocation was transferred or assigned shall be considered a proposed subdivision awaiting allocation of water or wastewater capacity.
The grant of a special exception, reclassification of property or other zoning action does not entitle a person to an allocation of water or wastewater capacity for that property.
The award of an allocation under this chapter is subject to the following conditions:
Water and wastewater capacity is contingent on the availability of federal, state, county or Town funds to finance water and wastewater capital projects.
The Town is not responsible to provide water or wastewater service and is not liable for monetary damages for the failure to provide service if the Town is unable to acquire rights-of-way necessary for the construction of water or wastewater capital projects.
The Town is not responsible for any federal, state, county or Town action, including operational moratorium, which temporarily suspends, delays or otherwise affects an allocation.
The Town is not responsible if a contractor defaults on a Town water or wastewater project in the service area in which an allocation has been made.
The Town is not responsible for any other contingency that affects the timing or ability to connect which is beyond the control of the Town.