This article may be cited as the "Kent County Shared Sanitary Facilities Law."
It is the legislative finding of the County Commissioners that it is necessary for the existing and future health, safety and welfare of the public, in general, that all sanitary facilities in Kent County be owned by and operated by or under the supervision of the County Commissioners.
[Amended 5-5-2009 by Bill No. 2-2009]
The provisions of this article shall apply throughout Kent County but shall not apply within the corporate limits of any municipality located in Kent County. They shall not apply to facilities owned by political subdivisions or governmental agencies. Whenever sanitary facilities serve or are proposed to serve more than one single-family unit or equivalent dwelling unit, a shared sanitary facility shall be required to be established in accordance with the provisions of this article.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
DEVELOPER
Any person or group of persons proposing, constructing, operating or creating a shared sanitary facility.
EQUIVALENT DWELLING UNIT
A structure, residential or commercial, which will be or is, designed to generate a flow of up to 75 gallons per person per day.
LIMITED SHARED FACILITY AREA
The territory served by a limited shared facility.
OWNERSHIP
A. 
Fee simple ownership; or
B. 
A term of years.
(1) 
In the case of a residential use or mixed uses, in excess of seven years or renewable for seven or more years.
(2) 
In the case of commercial uses, in excess of 30 years or renewable for 30 or more years.
SEPARATE
As modifying ownership hereinafter refers to distinct legal entities.
SHARED SANITARY FACILITY
A water or sewage system that serves:
A. 
More than one lot where the lots are held in separate ownership;
B. 
More than one single-family residence or equivalent dwelling unit or held in separate ownership.
SHARED SANITARY FACILITY, COMMUNITY
Any shared facility which is not a limited shared sanitary facility.
[Amended 5-5-2009 by Bill No. 2-2009]
SHARED SANITARY FACILITY, LIMITED
Any shared sanitary facility serving or designed to serve fewer than 20 single-family units or equivalent dwelling units producing or designed to produce less than 5,000 gallons per day of effluent or water.
[Added 5-5-2009 by Bill No. 2-2009]
A. 
It shall be unlawful to operate a shared facility in Kent County which is not in compliance with the provisions of this article. All shared sanitary facilities in Kent County shall, unless exempted under this article, be owned by and operated by or under the supervision of the County Commissioners.
B. 
No building permit approval, final subdivision approval or final plat approval shall be given by the Kent County Health Department on land or improvements involving a shared sanitary facility unless the shared sanitary facility has been accepted by the County Commissioners or its completion bonded to the County Commissioners in an amount and with such security or assurances as approved by the County Commissioners.
Existing shared facilities and existing limited shared facilities legally established by the Kent County Sanitary Commission prior to the effective date of this article are hereby recognized and confirmed as shared sanitary facilities. For such facilities, the provisions of this article relating to the initial establishment of shared sanitary facilities and construction of such facilities, for such facilities already constructed, shall not apply. All other provisions of this article shall be applicable to such existing shared sanitary facilities and limited shared facilities. Nothing in this article shall affect any existing bonds or other indebtedness issued by the Kent County Sanitary District.
A developer wishing to establish a shared sanitary facility shall file a written application with the County Commissioners and pay all fees and deposits required by the County Commissioners. The application shall include a description of the property to be served by the facility and shall be signed by all property owners owning property located within the boundaries of the area. It shall be accompanied by such plats, drawings, maps, plans, studies, construction information and other information as may be required by the County Commissioners. Applications shall be upon forms provided by the County Commissioners. The County Commissioners may require, during investigation, additional information as necessary to make an appropriate determination.
A. 
Investigation. The County Commissioners shall cause an investigation and evaluation to be made of the application.
B. 
Applicable standards. In evaluating the application the County Commissioners shall consider the following:
(1) 
Desirability of the facility for the comfort, convenience, health, safety and welfare of people who will or in the future may be served by the proposed facility.
(2) 
Feasibility of construction and operation of the proposed facility from an engineering standpoint as well as from an economic standpoint.
(3) 
Whether or not the facility is in the best interest of the public health, safety and welfare of all of the residents of the county.
(4) 
Whether or not the facility will be unduly detrimental to the environment of the county.
(5) 
Whether or not the design and operation of the facility are in accordance with all required permits and applicable standards.
C. 
Approval or denial. The County Commissioners may approve the application without a hearing but may only deny the application after providing the applicant with a reasonable opportunity to be heard.
D. 
Resolution and agreement. Upon approval of an application, the County Commissioners shall adopt a resolution establishing the shared sanitary facility, approving construction thereof, and including such other provisions as the County Commissioners may deem necessary. The resolution shall be conditioned upon an agreement between the developer and the County Commissioners with respect to the construction and operation of the facility. The agreement shall constitute a covenant running with the land and shall be recorded among the land records of Kent County. The agreement shall provide for periodic inspections during construction by the County Commissioners; shall require construction and operation in accordance with all required permits and applicable standards; shall provide for ownership of the shared sanitary facility by a nonprofit homeowners' or property owners' organization or condominium association which shall have the responsibility and powers to assess property owners and to ensure operation of the facility in accordance with all required permits and standards; shall contain an irrevocable offer of dedication to the County Commissioners; and shall provide that the County Commissioners, upon determination that it is necessary to protect the health, safety and welfare of the county or to properly operate the facility, may accept the offer of dedication, acquire ownership and commence operation of the facility on a temporary or permanent basis. The agreement may, at the option of the County Commissioners, require bonding of the developer for construction and/or operation pursuant to criteria to be adopted by resolution of the County Commissioners.
No subdivision or site plan may be approved for any development in a shared sanitary facility area utilizing a shared sanitary facility until the shared sanitary facilities have either been completely constructed and in operation or the construction has been adequately bonded to the county. No building permits for any structure in a shared sanitary facility area shall be issued until the county shall determine that the construction of the shared sanitary facilities are substantially completed as determined by the County Commissioners, upon the advice and the recommendation of the county's chief sanitarian, and that the remaining work is adequately bonded to the county. No occupancy permit shall be issued for any structure in a shared sanitary facility area until the shared sanitary facilities are completed and are in operation to the satisfaction of the county.
In the event that a shared sanitary facility is taken over by the County Commissioners pursuant to this article, it shall be operated as a sanitary service area, and the developer, all property owners and facility users shall be liable for all duly levied charges, fees, assessments and costs.
The County Commissioners may, by resolution, adopt standards for the construction and operation of shared sanitary facilities.
All limited shared facilities established pursuant to a shared facilities agreement prior to the effective date hereof under the then applicable Kent County Shared Facilities Law shall be deemed shared sanitary facilities but shall not be subject to §§ 161-7 and 161-8 hereof except by application for establishment as a shared sanitary facility.
A. 
Intentional violation. Any intended violation of the provisions of this article shall constitute a misdemeanor.
B. 
Inadvertent violation. Any inadvertent violation of the provisions of this article shall constitute a civil infraction.
C. 
Penalties. Any person who intentionally violates this article shall, upon conviction thereof, be fined not more than $1,000 or be imprisoned for not more than 30 days, or both. Each and every day such violation occurs shall be considered a separate offense. The owner of the land upon which the violation exists, as well as the developer and any other person who commits, participates in, assists in or maintains such violation, may be found guilty of a separate offense and suffer the penalties herein provided.
D. 
Correction of violation. The County Commissioners or the court may order the violation removed or corrected and may issue such additional orders as the County Commissioners or court may deem appropriate to safeguard against future violations of this article.