[Adopted 4-12-2010 Ord. No. 10-O-05]
The provisions herein apply to the approval and construction
of a water or sewer extension or associated facility other than one
constructed as part of a capital improvement program of the City of
Aberdeen and to establish and collect recoupment fees for purposes
of reimbursing developers or property owners for the costs of the
construction of water- or sewer lines or associated facilities accepted
and incorporated into the utility system of the City of Aberdeen and
to be used by others thereafter.
As used in this Part 5, the following terms shall have the meanings
indicated:
An improvement that is used in conjunction with water- or
sewer line that provides water or sewer service to a parcel or lot
of land, regardless of where the associated facility is located. The
term includes a lift station, force main, pump station, storage tank
and the like, or an addition to an existing utility that increases
the capability of the existing facility to provide water or sewer
service.
City of Aberdeen.
With reference to construction of a utility means the actual
physical construction of the utility and the designing of, surveying
for, or laying out of a utility that occurs before the physical construction
of the utility.
The person, business, corporation, partnership, limited liability
company, or unincorporated association responsible for the development
of a parcel or lot, and includes the owner or developer.
The Director of the City Department of Public Works, or his
or her designee.
A charge made against a parcel or lot for purposes of reimbursing
the City for an owner's or developer's proportionate share of
the costs of extending a water- or sewer line and associated facilities
that serve the parcel or lot against which the charge is made.
Identifiable lots or parcels of land determined by the Director
of DPW to be served by the utility extension and consistent with the
Harford County Master Water and Sewer Plan.
A legal document between the City and the person or entity
requesting the utility extension that defines the responsibilities
and requirements of the person or entity requesting a utility extension.
A utility agreement may not be required at the sole discretion of
City.
Water- or sewer line or an associated facility that is deemed
by the City to be necessary to extend water or sewer service which
is consistent with the Harford County Master Water and Sewer Plan.
A request in writing to the Director of DPW for construction
of an extension of water or sewer service to a parcel or lot or the
construction of an associated facility.
A necessary appurtenance to the City water distribution or
sewer collection system. The term includes a valve, manhole, connection,
air release, diversion, and other equipment necessary to make the
water distribution or sewer collection system operable in compliance
with the design criteria and standards in accordance with the Harford
County Water and Sewer Division Manual and the City's exceptions
and materials listing.
A developer or property owner that intends to construct a water-
or sewer line or an associated facility that, on acceptance, will
become part of the City water and sewer system and which supplies
capacity to other existing or new developments may apply to the City
to establish recoupment fees to be paid by other users of the facilities
within the service area and for the City to reimburse the developer
or property owner a proportional amount of the costs of constructing
such improvements.
The amount of the cost reimbursement for an improvement, if
any, shall be based on engineering cost estimates agreed upon in writing
by the Director of DPW and the applicant and verified in a study provided
by the applicant. The study shall aggregate the costs of associated
improvements where feasible. The City may establish guidelines for
eligible costs to administer the policy in this section. The study
shall contain the following minimum elements:
A.
Identification of the service area and all properties to be served
by the water- or sewer lines or associated facilities to be constructed;
B.
Identification of the costs of the utilities to be installed;
C.
Apportionment of the costs of the utilities to be installed among
lots, tracts or parcels to be served by the improvements, based upon
capacity to be utilized by such properties, using accepted engineering
standards and practices;
D.
Calculation of the maximum amount of the costs which are to be reimbursed
to the developer or property owner, net of costs attributable to the
developer's or property owner's utilization of capacity
of the lines or associated facilities; and
E.
Calculation of a recoupment fee to be charged per parcel or lot of
land that is to be connected to the water- or sewer lines or associated
facilities.
A.
The applicant for approval of a utility agreement must request the
establishment of recoupment fees in writing at the time the applicant
applies to the Director of DPW of the City for approval of the utility
agreement. If the applicant for approval of a utility agreement requests
establishment of recoupment fees, the utility agreement shall set
forth the terms and conditions of the recoupment fees.
B.
The utility agreement shall include at a minimum the recoupment fee,
if any, approved by the Director of DPW, the duration of the right
to collect recoupment fees, and provisions for forfeiture of such
fees to the City in the event they are not collected by the contracting
party and that the utility agreement is binding on the contracting
party's personal representatives, successors or assigns.
C.
A utility agreement may be assigned as provided for in the utility
agreement.
A.
The Director of DPW of the City shall review each request for cost
reimbursement from recoupment fees.
B.
The Director of DPW of the City may approve the study for cost reimbursement
from recoupment fees, with or without modifications, only if the Director
of DPW, or the City Manager on review of the Director of DPW decision,
determines that:
(1)
The line(s) to be extended or the associated facility is included
in the City's capital improvement plan.
(2)
The size of each proposed line or associated facility complies
with the generally accepted engineering practices and other planning
criteria of the City and final design and routing will comply with
the Harford County Water and Sewer Division Manual and the City's
exceptions and materials listing.
(3)
The study proposing recoupment fees fairly apportions the proposed
line or associated facility costs among prospective users of the utilities
to be installed.
(4)
The proposed line or associated facility is a reasonable extension
or addition to the water and sewer utility system.
C.
Requests which are not approved by the Director of DPW of the City under Subsection B may be presented to the City Manager for further consideration at the discretion of the Director of DPW.
D.
Upon approval of the request for reimbursement from recoupment fees,
any development on or use of property identified in the approved fee
study thereafter that connects to or utilizes the capacity of the
water- or sewer line or associated facility for which a recoupment
fee has been established shall pay the applicable fee. Recoupment
fees shall be collected by City before construction commences on any
water- or sewer line or associated facility improvements to serve
such parcel or lot of land.
A.
A developer or property owner constructing a water- or sewer line
or an associated facility that is eligible for cost reimbursement
from recoupment fees may not receive cost reimbursement payment for
the line or facility unless:
B.
The developer or property owner constructing the line or associated facility is not entitled to receive a reimbursement payment from recoupment fee proceeds until the developer or property owner submits documentation to the City showing the entity's compliance with each requirement described by Subsection A and the water- or sewer line or associated facility is accepted in writing by the City.
C.
The amount to be eligible for reimbursement to the developer or property
owner that constructed the water- or sewer line or associated facility
shall be based upon the documentation of the developer's or property
owner's actual cost of the construction as submitted to the City
and verified by it to be true and accurate.
A.
For a period of 15 years following the City's acceptance of the water- or sewer line or associated facility, the developer or property owner shall be entitled to reimbursement from the proceeds of the recoupment fees established pursuant to this article, up to but not to exceed the actual cost of construction as set forth in § 450-114C. The City may deduct 2% of the amount of recoupment fees collected from the amount of the fees reimbursed to the developer or property owner as an administration fee.
B.
Recoupment fees which have been collected pursuant to the utility
agreement shall be paid to the developer or property owner annually
no later than October 1 of each year, until the term of the agreement
expires. Recoupment fees shall be repaid without interest.
C.
The City may establish one or more recoupment fee accounts for purposes
of administering the policies of this article. The City shall deposit
all recoupment fees collected pursuant to this article into such account(s).
Expenditures from such account(s) shall be earmarked solely for reimbursement
of developers or property owners for the installation of water- or
sewer lines or associated facilities for which recoupment fees have
been established pursuant to this article.
D.
It shall be the responsibility of the party entitled to the recoupment
as set forth in the utility agreement or his or its assignee to provide
to the City in writing current contact information. The City will
mail reimbursement payments to the last contact of record reflected
on its books. In the event that the party entitled to the recoupment
or his or its successors or assignees have not collected recoupment
payments sent to the contact of record for a period of one year from
the date such payments are due pursuant to this article, such accrued
amounts shall become the funds of the City for purposes of expenditure
on other water or sewer system improvements in the City's sole
discretion.
