A. 
Legislative findings. 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 serving 20 or more single-family units or equivalent dwelling units in separate ownership, producing or designed to produce greater than 5,000 gallons per day of effluent or water, be provided through sanitary service areas where such facilities shall be owned and operated by the County Commissioners.
B. 
Required. Wherever sanitary facilities serve, or are proposed to serve, 20 or more single-family units or equivalent dwelling units in separate ownership, producing or designed to produce greater that 5,000 gallons per day of effluent or water, a sanitary service area 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
A person or group of persons proposing the construction of sanitary facilities to serve land which is presently vacant and undeveloped.
EQUIVALENT DWELLING UNIT
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 service area. Any single-family residence, not being used for any other purpose, shall be classified as one equivalent dwelling unit rating.
OWNERSHIP
A. 
Fee simple ownership; or
B. 
A term of years.
(1) 
In the case of residential use or mixed use, a term of years in excess or seven years or renewable for seven years or more; or
(2) 
In the case of a commercial use, a term of years in excess of 30 years or renewable for 30 or more years; or
C. 
Cooperatives, condominiums, partnerships, time-shares, interval ownership and other forms of cooperative ownership shall be considered separate ownership.
RATE PAYER
Any person receiving a statement for sanitary services pursuant to § 161-24. Each account, regardless or number of persons liable thereon, shall constitute one rate payer.
SANITARY FACILITIES
Facilities designed or constructed for the purpose of providing sanitary services.
SANITARY SERVICE AREA
A geographic area established pursuant to this article, or legally established by the Kent County Sanitary Commission and the Kent County Commissioners prior to the effective date of this article, as a separate division of Kent County in which sanitary services are or will be provided by the County Commissioners.
SANITARY SERVICES
Potable water production and distribution or wastewater collection and treatment.
SUBAREA
A geographic area within a sanitary service area established pursuant to this article which may separate debt or obligations and may have a different rate structure.
Existing sanitary service areas and existing community shared facilities legally established by the Kent County Sanitary Commission and the Kent County Commissioners prior to the effective date of this article are hereby recognized and confirmed as sanitary service areas. For such service areas and facilities, the provisions of this article relating to the initial establishment of sanitary service areas and construction of facilities, for facilities already constructed, shall not apply. Except as hereinafter set forth, all other provisions of this article shall be applicable to such existing service areas and community shared facilities. Nothing in this article shall affect any existing bonds issued by the Kent County Sanitary District.
Sanitary service areas shall constitute separate taxing districts for the purpose of collection of assessments and user fees for sanitary services provided therein. The County Commissioners may levy such assessments, charges and fees within individual sanitary service areas as the County Commissioners deem necessary and appropriate to provide water and sewer services within the sanitary service area. The County Commissioners may issue bonds to be paid from revenues of any sanitary service area and may pledge the full faith and credit of the county for such bonds. Funds collected within a sanitary service area shall be maintained in a separate fund and shall be used solely for sanitary facilities and services in such area.
A. 
Criteria. A sanitary service area may be created only if it can be demonstrated, and the County Commissioners find, that the establishment is necessary for the existing or future health, safety and welfare of the public in general and feasible financially and from an engineering standpoint. A sanitary service area may include noncontiguous parcels. Parcels wholly within the boundaries of a service area may be excluded from the service area.
B. 
By petition. The owner or owners of property may petition the County Commissioners for the establishment of a sanitary service area. The petition must describe the geographic area proposed for the sanitary service area, which must include not less than 20 existing or proposed single-family dwelling units or equivalent dwelling units. The petition shall be on such forms as prescribed by the County Commissioners and must be signed by not less than 67% of the property owners in the proposed service area. Except as provided for in Subsection C hereof, the petition shall be accompanied by a plat of the proposed service area, drawings, maps, plans, studies, construction information and other information as may be required by the County Commissioners.
C. 
For correction of existing conditions. Where the County Commissioners shall determine that a petition for establishment of a sanitary service area is to serve existing and occupied dwellings and other existing structures for the purpose of correcting existing conditions which are hazardous to the public health and the environment, the Commissioners may provide for the necessary plats, drawings, maps, plans, studies and construction information which may be necessary to properly evaluate the petition. In such case, any expenses incurred by the County Commissioners shall be repaid from revenues of the sanitary service area should it be established or be repaid by the petitioners should it not be established. In order to fund repayment the County Commissioners may establish a special taxing district by resolution. Nothing herein shall preclude the County Commissioners from making other expenditures for studies or the like necessary to protect the environment.
D. 
Action on petition.
(1) 
The County Commissioners shall make an evaluation of the petition.
(2) 
In evaluating the petition, the County Commissioners shall consider the following:
(a) 
Desirability of the facility for comfort, convenience, health, safety and welfare of the people who will or in the future may be served by the proposed facility.
(b) 
Feasibility of construction and operation of the proposed facility from an engineering standpoint as well as from an economic standpoint.
(c) 
Whether or not the facility is in the best interest of the public health, safety and welfare of all residents of the county.
(d) 
Whether or not the facility will not be unduly detrimental to the environment of the county.
(e) 
Whether or not the design and operation of the facility are in accordance with all required permits and applicable standards.
(3) 
The County Commissioners shall hold a public hearing on the petition, which hearing shall be advertised at least once per week for two weeks prior to the hearing in a newspaper of general circulation in the county. The public hearing may be held in conjunction with any other public hearing required for the approval of the proposed sanitary facilities.
(4) 
Following the public hearing the County Commissioners may approve the petition and establish the service area by resolution.
(a) 
The resolution shall specify and include:
[1] 
The name of the service area;
[2] 
A geographic description of the service area;
[3] 
A description of the proposed sanitary facilities and a plan and schedule for the construction of the facilities;
[4] 
The number of equivalent dwelling units to be served in the sanitary service area identifying the equivalent dwelling units for existing parcels and for parcels planned for development;
[5] 
Such other matters as the County Commissioners may deem appropriate.
(b) 
A copy of the resolution and a plat of the boundaries of the service area shall be recorded among the land records of the county.
(5) 
The County Commissioners may deny the petition if they find that it is not necessary for the existing or future health, safety and welfare of the public in general or if the proposed sanitary facilities are not feasible financially or from an engineering standpoint. The decision of the County Commissioners shall be final.
E. 
Subareas. Subareas may be established in any sanitary service area by the County Commissioners where certain sanitary services are intended to be provided to, and are only provided to, the parcels within that subarea or as provided for in §§ 161-22 and 161-26 of this article. A subarea shall be established and sanitary facilities constructed for the subarea and assessments and charges levied and collected within that subarea, in the same manner as for a sanitary service area. A subarea may be consolidated with the sanitary service area in the event that subarea no longer receives services different from the remainder of the sanitary service area and when any special debt of that subarea for the construction of any sanitary facilities has been retired.
A. 
Construction by developer.
(1) 
Where the proposed sanitary facilities are intended to serve land which is substantially vacant and undeveloped, the developer shall be required to enter into an agreement with the County Commissioners to provide for the construction of the facilities. The agreement shall provide:
(a) 
That the developer shall secure all necessary permits for the benefit of the county, and which may not be modified without the consent of the county, and shall construct the facilities in accordance with all required permits and applicable standards;
(b) 
That the developer shall deed to the county free and clear of all encumbrances, at the time of the recordation of any subdivision plat or final approval of any site plan all parcels reserved for construction of sanitary facilities;
(c) 
That the developer shall warrant the construction and performance of the sanitary facilities for a period of not less than two years from the date of acceptance by the county and shall post construction and maintenance bonds in an amount to guarantee the warranty which in the case of a maintenance bond shall be no more than 50% of the actual cost of all equipment; and
(d) 
That upon completion of the facility and final inspection, approval and acceptance by the county, the developer shall transfer all permits and all those portions of the facility which are not already county property to the county free and clear of all liens and encumbrances, and the county shall then assume operational control of the sanitary facilities;
(e) 
For a cash deposit, if required by the resolution establishing the service area, for not less than one year of operation, including reasonable reserves for replacement;
(f) 
Such requirements for payment of contractors and suppliers as may be required;
(g) 
For any construction bond required by any applicable law or regulation;
(h) 
For any reimbursement to developer for service provided from the facility to third parties and any formula relating thereto; and
(i) 
For such other matters as may be determined by the County Commissioners to be necessary and appropriate.
(2) 
The agreement shall be recorded in the land records of Kent County at the expense of the developer. Any sanitary facilities constructed by the developer must be of such a capacity to provide service for each equivalent dwelling unit reflected on the developer's subdivision plats or site plans. The County Commissioners may require a developer to construct sanitary facilities of a size and capacity greater than that necessary to serve the proposed development when that additional capacity is needed to serve other existing parcels within the service area. In such a case, those existing parcels shall be established as a subarea and the subarea shall be liable for reimbursing the developer for its proportionate share of the costs of the sanitary facilities constructed by the developer.
B. 
Construction by county. Where a sanitary service area has been established and construction of sanitary facilities proposed to correct existing environmental or public health hazards for existing and occupied parcels, the sanitary facilities shall be constructed by the county in accordance with the following procedures:
(1) 
The County Commissioners shall cause to be made such studies, plans and specifications as may be necessary to solicit bids and determine the actual cost for the construction and operation of the proposed sanitary facilities.
(2) 
The County Commissioners shall hold a public hearing on the cost of the project, which hearing shall be advertised at least once per week for two weeks prior to the hearing in a newspaper of general circulation in the county. At the hearing the Commissioners may ask for the vote of each property owner in the service area as to whether the project should be constructed but shall not be bound by said vote.
(3) 
Following the public hearing the County Commissioners may approve or reject the project for construction. If approved, the County Commissioners may advance funds or may issue bonds as may be authorized by Public General Law for the construction of the project. The costs incurred in constructing the project shall be considered a debt of the sanitary service area, which debt shall be repaid through the levying of and payment of assessments as provided for in this article.
C. 
Expansion by county. Existing sanitary facilities may be expanded or upgraded within a sanitary service area by the County Commissioners when deemed necessary to provide required service within the service area or to meet additional health, safety or environmental requirements. The construction of any such additional required facilities shall be accomplished in accordance with the provisions of Subsection B herein.
D. 
Standards. The County Commissioners may, by resolution, adopt codes and standards for the construction, operation and use of sanitary facilities.
A. 
Service area budget. The County Commissioners shall, each year by resolution, approve and adopt a budget for each service area, which shall specify estimated expenses of the service area and the assessment, user charge and accessibility rates, as well as any other authorized fees and charges, necessary to balance estimated expenditures. The County Commissioners may also approve and adopt such supplemental budgets and assessments and charges, in accordance with the procedures set forth in this section, as may be necessary to meet emergency or unexpected conditions and expenses, including partial year budgets and levies. The expenses of a service area may also include a portion of any consolidated administrative, financial, engineering and maintenance expenses, which are allocated to the service area on a proportionate basis.
B. 
Assessments. The County Commissioners may levy assessments by resolution on all properties within the sanitary service area for the sole purpose of raising funds to retire any indebtedness of the service area incurred for the purpose of acquiring or constructing sanitary facilities. The assessments shall be levied uniformly on an equivalent dwelling unit basis. Each parcel within the service area shall annually, by resolution, be assigned an equivalent dwelling unit rating based upon its actual use or, in the case of vacant land, be assigned a one-equivalent-dwelling-unit rating unless the vacant land has been approved for a greater number of equivalent dwelling units, either by site plan approval, preliminary plat approval or other development plan approval allowing for an allocation of water or sewer service or other contracted agreement providing for water or sewer service, in which case the rating shall be based upon the number of equivalent dwelling units provided for in such approval, plat, plan or agreement. The County Commissioners may make adjustments in assessments in cases of lots which are determined by the County Commissioners to be lots not intended for sewer or water facilities or where water or sewer facilities provided in the service area are not planned to be extended to such lot. In the case of unplatted areas subject to assessment on account of any such approval, the resolution may provide for a charge per equivalent dwelling unit of less than 100%. The County Commissioners shall make a semiannual assessment levy, at one-half the annual rate, for parcels which first become subject to assessments or for which the equivalent dwelling unit rating is changed, after the beginning of the levy year. The assessment rate per equivalent dwelling unit shall be made each year, by resolution, such that the total assessment levy for that year is sufficient, but not in excess of the amount necessary, except allowing for a reasonable reserve for uncollected assessments, to pay the indebtedness due for that year.
C. 
User charges. The County Commissioners shall levy, by resolution, user charges for all customers in the service area actually connected to sanitary facilities. The user charges shall be based upon the best available determination of the volume of water used or wastewater discharged. The user charges shall be set on an annual basis in an amount, when added to any accessibility charges collected, sufficient to pay all operating and maintenance costs of the sanitary service area, including reasonable reserves for replacements.
D. 
Special service fees. The County Commissioners may establish, by resolution, and charge special service fees required to be paid for special services provided by the county. Such fees shall be based upon the cost to the county to provide any such service.
E. 
Accessibility charges. Where the customer base is insufficient to generate sufficient user charges to reasonably pay annual maintenance and operational expenses, the County Commissioners may levy, by resolution, accessibility charges for all parcels in the service area which are not yet actually connected to sanitary facilities. The Commissioners shall classify parcels based upon the degree to which the sanitary facilities are considered to be readily accessible.
F. 
Late fees and interest. The County Commissioners may also establish, by resolution, reasonable late fees and administrative charges required to be paid and interest charges for any assessments, charges or fees which are not paid in the time prescribed.
G. 
Discontinuance of water services. If any bill for water service remains unpaid after 60 days from the date of mailing, for annual and semi-annual bills; or after 30 days from the date of mailing for all other bills, the Department shall give written notice, left upon the premises or mailed to the last known address of the owner, that the water service will be terminated in 10 days and not reinstituted until said bill, late fees, interest and a reconnect fee of $50 have been paid.
H. 
Collection of unpaid charges. Unpaid assessments, charges and fees shall be collected in the same manner as real estate taxes, shall constitute liens in the same manner as real estate taxes and shall be subject to all laws with respect to real estate taxes.
I. 
Public hearing. Before adopting any resolution establishing or changing any assessment rate, user charge rate or availability charge rate, the County Commissioners shall hold a public hearing, which hearing shall be advertised at least once per week for two weeks prior to the public hearing on said rates, at which hearing the property owners and customers shall have an opportunity to be heard regarding the service area budget or the proposed rates.
J. 
Assessment appeals. Any person alleging an error in the application of the criteria or standards used in determining the number of equivalent dwelling units assessed or in the calculation of some other method of assessment allowed under the provisions of this article or the procedures adopted to implement the assessment system shall be entitled to appeal, in individual cases, such assessments to the County Commissioners within such time periods and in accordance with such procedures as the County Commissioners may from time to time adopt by resolution. There shall be no appeal from the assessment methods or procedures.
No subdivision plat may be recorded or site plan finally approved for any development in a sanitary service area until the sanitary facilities have either been completely constructed and in operation or the construction is provided for by agreement with the County Commissioners and has been adequately bonded to the county. No building permit for any structure in a sanitary service area shall be issued until the county shall determine that the construction of the sanitary facilities are substantially completed as determined by the County Commissioners upon the advice and the recommendation of the county's Chief Sanitarian and, if the facilities are being constructed by a developer, that the remaining work is adequately bonded to the county. No occupancy permit shall be issued for any structure in a sanitary service area until the sanitary facilities are completed and are operating to the satisfaction of the county and have been transferred to the county.
The boundaries of a service area may be expanded and additional or expanded facilities may be constructed to serve the expansion, in accordance with the procedures set forth in this article for the establishment of a service area and for the construction of sanitary facilities. The petition for amendment shall be signed by the property owners of the land proposed for inclusion in the service area. The area so added shall be established as a subarea in order that assessments may be levied against the parcels within the subarea to provide: for payment of all the costs of the construction of any additional sanitary facilities which must be constructed by the county to serve the area added to service area; or should the County Commissioners determine that the sanitary facilities in the existing service area have excess capacity which is not needed to provide any future service for any parcels within the existing service area, the County Commissioners may use the excess capacity and provide for reimbursing the existing service area for the value, as determined by the Commissioners, of any existing sanitary facilities in the service area used to provide service to the area added to the service area. The users and customers in the existing service area shall not be responsible for bearing any costs or expenses whatsoever relating to the expansion of the service area or the construction of additional sanitary facilities to serve the area added. Notwithstanding any other provisions of law, the County Commissioners may impose such conditions on the approval of the expansion of a service area as they determine to be in the best interests of the health, safety and welfare of the public in general or the customers served. Prior to the adoption of a resolution amending a service area, the County Commissioners shall, at least 15 days prior to the public hearing, send a written notice to all rate payers in the service area explaining in general terms the application and notifying the rate payer of the public hearing.
The County Commissioners, following a public hearing, may allow sanitary services to be extended outside the boundaries of a service area, to provide service to another sanitary service area or a shared facility area pursuant to § 161-26 hereof. In such cases, the area receiving the service shall fairly compensate the area providing the service for maintenance and operation costs and for a proportionate share of the value, as determined by the Commissioners, of the sanitary facilities required to provide the service. Prior to the adoption of a resolution amending a service area, the County Commissioners shall, at least 15 days prior to the public hearing, send a written notice to all rate payers in the service area, explaining in general terms the application and notifying the rate payer of the public hearing.
Sanitary facilities shall be operated by an operator designated by the County Commissioners by resolution, or the County Commissioners may contract with qualified operators or enter into leases with operators to operate sanitary facilities, notwithstanding any other provisions of the law.
Nothing contained in this article shall be construed to limit or diminish any other powers or authority relating to the provision of water or wastewater service granted to the county under the Environment Article of the Annotated Code of Maryland or any other provisions of public general law. Where such other powers are in conflict with provisions of this article then the provisions of this article shall govern without any such limitations.
Nothing in this article shall abrogate or amend any such terms of any legally enforceable agreement or any future amendment thereto entered into between any developer and the Kent County Sanitary District enforceable and in effect on the effective date hereof to the extent that the provisions of this article are in conflict with matters specifically and directly addressed in said terms, otherwise the provisions of this article shall apply. Specifically, however, where such agreements or amendments thereto provide for transfer of facilities, expansion of service areas, service outside service areas, then the provisions of the agreement or amendment thereto shall govern.
Any person who has been denied a permit, license or approval by any county department or official acting pursuant to this article may, in writing, within 30 days of such action, apply to the County Commissioners for a review of such action. The Commissioners shall provide the applicant with a right to be heard thereon upon at least 15 days' notice. The decision of the Commissioners shall be final and not subject to any appeal to any board or court.