[Amended 3-8-1994 by Bill No. 94-1[1]]
[1]
Editor's Note: This Bill also provided that the former
Subtitle I, Shared Facilities, be repealed.
(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
shared sanitary facilities in the County be operated by or under the
supervision of the County Commissioners.
(b)
Required. Except as provided for in Subsection (c) hereof, wherever sanitary facilities serve, or are proposed to serve, more than one but fewer than twenty single-family units or equivalent dwelling units in separate ownership, producing or designed to produce up to five thousand gallons per day of effluent or water, a shared sanitary facility shall be required to be established in accordance with the provisions of this Subtitle.
[Amended 10-20-2009 by Bill No. 09-6]
(c)
Exceptions. For the purposes of this Subtitle,
the following shall not constitute shared sanitary facilities.
[Added 4-9-1996 by Bill No. 96-6; amended 7-26-2005 by Bill No. 05-8]
(1)
Leasehold commercial in a planned commercial development, as
defined in the Zoning and Subdivision Control Article, or in a shopping
center as established pursuant to the Worcester County Zoning Ordinance
of 1965 where the leases place the responsibility for proper and legally
required maintenance of sanitary facilities on the landlord.
(2)
In condominiums, cooperatives, cooperative manufactured or mobile
home parks, and cooperative campgrounds, where the recorded governing
documents place the responsibility for proper, legally required management
and maintenance of sanitary facilities on the governing body and the
governing body is given the authority and power to collect funds in
order to manage and maintain the facilities and where the construction
of the sanitary facilities is accepted by the County.
[Amended 10-20-2009 by Bill No. 09-6]
For the purpose of this Subtitle the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any person or group of persons proposing, constructing or
operating a shared sanitary facility.
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 shared facility area.
Any single-family residence, not being used for any other purpose,
shall be classified as one "equivalent dwelling unit" rating.
Fee simple ownership, or a term of years in excess of seven
years or renewable for seven years or more.
[Amended 4-9-1996 by Bill No. 96-6; amended 7-26-2005 by Bill No. 05-8]
Facilities designed or constructed for the purpose of providing
sanitary services.
Potable water production and distribution or wastewater collection
and treatment.
As modifying "ownership" herein, refers to distinct legal
entities.
A water or sewer facility or combination of facilities serving
or designed to serve fewer than twenty single-family units or equivalent
dwelling units in separate ownership producing or designed to produce
less than five thousand gallons per day of effluent or water.
[Amended 7-26-2005 by Bill No. 05-8]
Existing shared sanitary facilities and existing limited shared
facilities legally established by the Worcester County Sanitary Commission[1] prior to the effective date of this Subtitle are hereby
recognized and confirmed as shared sanitary facilities. For such facilities,
the provisions of this Subtitle 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 Subtitle shall be applicable to such existing shared
sanitary facilities and limited shared facilities. Nothing in this
Subtitle shall affect any existing bonds issued by the Worcester County
Sanitary District. Shared sanitary facilities previously established
as such and legally existing as of the effective date hereof, and
which are no longer required to be shared sanitary facilities hereby
may be terminated by an agreement with the consent of the County Commissioners.
[1]
Editor's Note: The Sanitary Commission was abolished
10-5-1993 by Bill No. 93-19.
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 not 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 Worcester 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 non-profit homeowners' or property owners' organization
or condominium association which shall have the responsibility and
powers to assess property owners and to insure 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.
[Amended 7-26-2005 by Bill No. 05-8]
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 Environmental Officer
designated by the County Commissioners 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 operating to the satisfaction
of the County.
In the event that a shared sanitary facility is taken over by
the County Commissioners pursuant to this Subtitle, it shall be operated
as a sanitary service area, and 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.
It shall be unlawful to operate a shared sanitary facility in
the county which is not in compliance with the provisions of this
Subtitle.
All limited shared facilities established pursuant to a shared
facilities agreement prior to the effective date hereof under the
then applicable Worcester County Shared Facilities Law shall be deemed
shared sanitary facilities but shall not be subject to §§ PW
5-104 and 5-105 hereof except by application for establishment as
a shared sanitary facility.
(a)
Intentional violation. Any intended violation of the
provisions of this Subtitle shall constitute a misdemeanor.
(b)
Inadvertent violation. Any inadvertent violation
of the provisions of this Subtitle shall constitute a civil infraction.
(c)
Penalties. Any person who intentionally violates
this Subtitle shall, upon conviction thereof, be fined not more than
one thousand dollars or imprisoned for not more than thirty 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
Subtitle.
