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
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.
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.