For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any system, whether publicly or privately owned, serving
two or more individual properties for the collection and disposal
of sewage or industrial wastes of a liquid nature, including various
devices for the treatment of such sewage and industrial wastes.
A source of water and a distribution system, including treatment
facilities and storage facilities, whether publicly or privately owned,
serving two or more individual properties.
The Department of Public Works.
A person or business entity that has as an objective the
promotion of the development of land for nonpublic uses or construction
of structures on parcels of land.
All of the processes involved in the changing of the use
of land for private purposes leading up to and including the construction
of structures on the land.
The Director of the Department of Public Works.
A reduction in the volume of the sewage waste being transmitted
by existing county sewer transmission facilities or pumping stations
to a wastewater treatment device by more than 50%, resulting in the
transmission facilities or pumping stations operating at less than
50% of their engineered capacity.
A single system of sewers and piping, treatment tanks or
other facilities serving only a single building and disposing of sewage
or individual wastes of a liquid nature, in whole or in part, on or
in the soil of the property, into any waters of the state, or by other
disposal methods.
A single system of piping, pumps, tanks, wells or other facilities
utilizing a source of ground- or surface water to supply only a single
lot.
A single system serving a single property, privately owned
and operated by an individual, a business entity or a group of individuals,
and serving a group of individuals for the collection and disposal
of sewage or industrial wastes of a liquid nature, including various
devices for the treatment of such sewage and industrial wastes having
a peak treatment capacity equal to or greater than 10,000 GPD (gallons
per day) or an average treatment capacity equal to or greater than
5,000 GPD. Publicly owned systems are not considered multiple-use
sewerage systems.
[Amended by Bill No. 09-08]
A single system of piping, pumps, tanks or other facilities,
privately owned and operated by an individual, a business entity or
a group of individuals, utilizing a source of ground- or surface water
to supply a group of individuals on a single property and having a
peak capacity equal to or greater than 10,000 GPD (gallons per day)
or an average treatment capacity equal to or greater than 5,000 GPD.
Publicly owned systems are not considered multiple-use supply systems.
[Amended by Bill No. 09-08]
Indicates that a utility connection has been constructed
to the property or easement line, that the respective transmission
facilities are adequate and available and that only a plumbing installation
is required to physically service the improvements to the property.
Real property owned by community associations or other nonprofit
associations used for public parks, playgrounds or picnic areas. As
used in this definition, "community association" means any incorporated
association whose membership is limited to voluntary subscription
by residents of the community or development and which has no power,
by law, covenant or any other means, to assess fees against residents
or property owners based on property values.
Construction of water or sewer lines in a sanitary district
or subdistrict, not including hookup to individual homes.
All that land included in the corporate boundaries of the
county, including all sanitary subdistricts.
A part of the sanitary district, less than the whole district,
to which water or sewer service is supplied by a system separate and
apart from the primary system supplying the sanitary district proper.
All human and animal excretions, street wash and domestic
and manufacturing waste, when carried by water, either in suspension
or solution.
All the agencies, methods, appliances or operations, natural
or artificial, singly or combined, that enter into the collection,
transportation, treatment and final disposition of sewage.
Lots, tracts or parcels from three to and including 11 acres
in size.
A system meeting the definition of a multiple-use sewerage
system except that its peak treatment capacity is less than 10,000
GPD and its average treatment capacity is equal to or greater than
2,500 GPD and less than 5,000 GPD.
[Added by Bill
No. 09-08]
A system meeting the definition of a multiple-use water-supply
system except that its peak treatment capacity is less than 10,000
GPD and its average treatment capacity is equal to or greater than
2,500 GPD and less than 5,000 GPD.
[Added by Bill
No. 09-08]
The Master Water and Sewer Plan for the county adopted pursuant
to Article 43, § 387C, of the Annotated Code of Maryland,
1957.[1]
A device used for treatment of sewage or industrial wastes.
[1]
Editor's Note: For current statutory provisions, see § 9-501
et seq. of the Health-Environmental Article of the Annotated Code
of Maryland.
The provisions of this chapter shall be incorporated in and
be a part of every contract, agreement or other writing entered into,
agreed to or signed on behalf of the county or its officers and employees
pertaining to water supply, sewerage or drainage facilities, systems
or service, as though it were fully set forth in the contract, agreement
or writing.
The county is declared to be a "sanitary district," and the
Department of Public Works, Division of Water and Sewer, shall exercise
control of all publicly owned water, sewerage and wastewater facilities
and systems in the county, and rules and regulations governing the
use and conservation thereof may be adopted as provided for in the
Charter, provided that:
A.
The Council may establish sanitary subdistricts.
B.
The Department shall exercise no authority over the operation or
construction of the sewerage, water and drainage facilities of any
incorporated municipality, including the extension of such facilities
beyond the corporate limits of any municipality as such extensions
existed on February 15, 1973.
C.
The extension of such facilities beyond the corporate limits of any
municipality after February 15, 1973, shall be subject to the approval
and authority of the County Council by action on the Water and Sewer
Plan, except that such approval shall not be required in the event
of annexation pursuant to Article 23A of the Annotated Code of Maryland,
1957, provided further that whenever annexation occurs where water
or sewer facilities have been previously installed by the county,
all outstanding bonds remaining unpaid for such facilities shall be
redeemed by the municipality annexing, as a condition precedent to
the county's approval of the annexation.
D.
The merger of the Edgewood Sanitary District with the County Sanitary
District shall in no manner affect outstanding bonds.
E.
In exercising the powers granted by this chapter, the Department
shall not be subject to the provisions of any zoning laws effective
in the county.
A.
The Council may establish, by legislative act, sanitary subdistricts
within the sanitary district of the county or within a subdistrict
previously established, such subdistricts to be established with an
appropriate description of the physical boundaries.
B.
Rates, charges, assessments or other payments required by or levied
by the county within any subdistrict may vary in amount or procedure
with those of the county sanitary district or any other established
subdistrict. All such amounts required may be revised from time to
time by legislative action of the County Council.
C.
The boundaries of a sanitary subdistrict shall be altered, modified
or abolished only by legislative action of the County Council.
D.
A sanitary subdistrict shall be governed by this chapter and any
rules and regulations adopted pursuant to this chapter. Special rules
and regulations may be provided for a subdistrict pursuant to Section
807 of the Charter.
A.
Construction work. Prior to any plumbing, waterworks or sewer construction
beginning in any building or upon any private property within the
sanitary district, the person doing the construction shall first pay
the prescribed permit fee, where applicable, and obtain a permit from
the county. The work shall be done pursuant to such laws, rules, regulations
and requirements as the county may from time to time adopt, subject
to such inspection as the county may deem necessary. If adequate public
water and/or sewer facilities do not exist at the time of application,
a permit shall not be issued except that for commercial or industrial
properties a plumbing permit for on-site utility work and/or a plumbing
rough-in permit may be issued after the preconstruction meeting conducted
by the Division of Water and Sewer for Harford County. Final connection
shall not be allowed until adequate public water and/or sewer facilities
are constructed and declared operational by Harford County and all
appropriate fees are paid.
[Amended by Bill Nos. 93-27; 99-30]
B.
Installations. No community or multiple-use water-supply or sewerage
system shall be construed nor shall any existing community or multiple-use
water-supply or sewerage system be extended in the sanitary district
unless the person doing the work has first obtained a permit from
the county or is doing the work for the county. The systems shall
be installed, maintained and operated under the adopted rules and
regulations of the Department or the State Department of Health and
Mental Hygiene and the Department of Natural Resources and any other
applicable state or local department.
A.
Installation by county or developers. Water and sewer services installed
by the county will be pursuant to an order or recommendation by the
Health Department or the Department of Public Works or upon the request
of private property owners. Service installed by contractors or developers
will be installed by themselves at their own expense, but where the
county is to do the installation the same conditions and procedures
will be followed as in the case of all other private property owners.
B.
Requests for service; determination by Department. All requests for
water or sewer service shall be filed with the Department, which shall
review the request and take such action as is required. Prior to incurring
any obligations or expending substantial efforts on behalf of any
request or project, the Department shall make a determination as to
the point in time when there will be adequate facilities and capacity
available to provide the service requested. If it is determined by
the Department that the project should be undertaken, the Department
shall so approve, if the project is appropriately shown in the Water
and Sewer Plan. Otherwise, when the requested service is of the type
or nature that should be included in the Water and Sewer Plan, the
Department shall recommend to the County Council an appropriate amendment
to the plan.
C.
Action on State Health Department recommendations or orders. A recommendation
or order to provide public water or sewer service from the State Department
of Health and Mental Hygiene shall be acted upon by the county as
follows:
(1)
In the case of a recommendation, the county shall request the Health
Department to state, with specificity, the exact conditions existing,
the alternatives available to correct the conditions, an analysis
of the alternatives and a conclusion stating the reasons why public
service is the only reasonable means of correcting or eliminating
the conditions to be alleviated.
(2)
In the case of an order of the Health Department, the county shall comply as required by law. However, upon receipt of the order, the Department of Public Works shall immediately conduct the analysis provided for in Subsection C(1) above and, where Council approval for the project or funding is required, forward the order and analysis to the Council. The County and Council Attorney shall ensure that appropriate appeals are timely filed.
D.
Developer-initiated projects.
[Amended by Bill No. 86-10]
(1)
Projects to provide service to proposed or approved developments
or subdivisions shall be installed at the expense of the developer
in accordance with the rules, regulations and specifications adopted
by the Department. Where the county's basic facilities are such that
service cannot be provided to a particular development or subdivision,
if adequate capacity to serve is available, the developer may, if
a public works agreement is properly executed and the project is included
in the Water and Sewer Plan, construct the basic facilities at his
own expense, in accordance with the rules, regulations and specifications
of the Department, and convey the facilities to the county. The county
may purchase rights-of-way, easements or fee simple titles to land
for the facilities and be reimbursed by the developer if the project
is properly provided for in the capital budget and Water and Sewer
Plan.
(2)
In addition to any charges or fees assessed pursuant to this chapter,
a recoupment fee shall be levied against and collected from any owner
or property physically benefited by water and sewer facilities built
pursuant to a county public works agreement which requires the county
to collect and remit moneys to the developer as reimbursement for
project expenses as defined in that public works agreement. The recoupment
fee shall be collected from the owner of property, other than the
developer, at the time of collection of the area connection charge.
The recoupment fee shall be included in the public works agreement
and in the general rules and regulations of the Division of Water
and Sewers.
(3)
In the event that an owner and/or developer requests the county to
accelerate a project in the county's capital improvement program,
the county, in its sole discretion, may agree to do so, provided that
a recoupment fee shall be levied against and collected from the owner
and/or developer of property physically benefitted by the water and/or
sewer project. Prior to the issuance of any building or plumbing permits,
the owner and/or developer shall enter into an agreement with the
county which includes the recoupment fee. The recoupment fee shall
be collected from the owner and/or developer at the time of collection
of the area connection charges.
[Added by Bill
No. 90-47]
E.
Petitioned service. All requests for water or sewer service by individual
property owners shall be written and accompanied by and include a
statement that obligates all owners, individually and jointly, and
the property to be serviced to pay all expenses incurred by the county
pursuant to the request, if the requested service is provided. Such
expenses will become part of the total project cost. An owner filing
a petition requesting service must sign an affidavit stating that
all fee-simple owners of that property have signed the request; otherwise,
the request will not be considered valid.
(1)
Where all of the owners of all of the properties that will be serviced,
if a request is honored, sign a request and obligate themselves to
pay for the costs incurred by the county to provide requested services,
an advertised public hearing to determine if the project will be undertaken
is not required.
(2)
Where less than all of the owners of all of the properties that will
be serviced, if a request is honored, sign a request and obligate
themselves to pay for the costs incurred by the county, an advertised
public hearing to determine if the project will be undertaken shall
be held by the Council. Notice of the public hearing shall be sent
to the persons who have signed the request and those persons listed
as co-owners who have not signed the request, and, for other properties
to be serviced, notice will be sent to those persons listed as owners
in the tax records of the county for the purpose of collections and
payment of taxes and to the persons who last paid the taxes on the
property. Failure to notify personally shall not invalidate any Council
decision.
(a)
The public hearing shall be advertised and, where required,
notice given as a proposed amendment to the Water and Sewer Plan.
(b)
At the public hearing, the Department shall present the property
owner's written request, his preliminary analysis of the request,
the estimated costs of providing the service, a recommended method
of assessment that, in its opinion, will provide the most equitable
division of the cost of the project and any other data considered
pertinent by the county.
(c)
If the Council is of the opinion that the service can and should
be provided, an amendment to the Water and Sewer Plan shall be adopted
if required. The Council shall also adopt the method of assessment
to be utilized in assessing the properties that are to be serviced.
A.
The Director shall be responsible for the construction, operation
and maintenance of all public water-supply and sewerage systems of
the county.
B.
The Director shall be responsible for and shall have control of all
construction of all capital projects for all public water-supply and
sewerage systems of the county.
All construction, including modifications or extensions of existing
systems, of water-supply, sewerage and drainage facilities within
the county shall be in accordance with the applicable specifications,
rules and regulations of the federal, state and county governments.
A.
All construction by private persons shall be inspected and approved
by the county prior to its being connected to the county system. All
construction shall be in accordance with the approved permits, plans
and specifications but may be modified with the written approval of
the Director or his designee. The Director shall require such security
as may be necessary to insure the completion of the construction work
in accordance with approved plans, specifications, rules and regulations.
B.
Construction by the county shall be completed in accordance with
approved plans and established specifications, rules and regulations.
No project construction shall be initiated until money is available
to complete the project. Construction by the county may be accomplished
by county employees or by persons who have been properly awarded a
contract under existing laws, rules and regulations.
C.
All construction undertaken by the county under a contract with a
private person shall have established by the Director a period of
time, not to exceed 12 months after construction is completed, within
which all costs to be charged to the construction shall be filed with
the Department. If such costs are not filed within the prescribed
time period, the costs will not be paid by the county.
D.
After the Director certifies the costs of each contract or project, the Treasurer, in cooperation with the Director, shall determine the total cost of each project or contract. Where a contract or project is to be amortized by assessments against private property, the assessment shall be established in accordance with § 256-27. The Director shall keep such records as may be required to make a proper determination of the assessment to be charged.
A.
No community or multiple-use sewerage, water-supply or drainage system
or wastewater treatment device, or extension or modification thereof,
may be constructed by any private owner or have the capacity increased
without the prior approval of the Council.
B.
Allowing the construction of community or multiple-use systems or
wastewater treatment devices is discretionary. Community or multiple-use
systems or wastewater treatment devices may be constructed only if
the following requirements are met:
(1)
The Council approves of the planned construction by placing the requested
system in the County Water and Sewer Plan by map and textual amendment
after the required procedures for such approval are completed.
(2)
The system is in an area that will receive services by the county
within 10 years of the date the request is filed or the existing residents
of the area have been ordered to correct an existing health hazard,
and construction of a community or multiple-use system is the most
economical method of correcting the causes of the hazard.
(3)
All necessary permits are obtained.
(4)
The system is constructed under the inspection of the Department
in accordance with the plans and specifications approved by the Director
or his designee.
(5)
Upon completion and acceptance by the county of a treatment plant,
it shall be conveyed to and made a part of the system of the county
at no cost to the county.
(6)
The system shall comply with all State and County Health Department
regulations and Department regulations pertaining to the planning,
construction, maintenance and operation of such system.
(7)
The users of the system shall pay for the cost of operation and maintenance
of the system at a rate to be set by the Council. The Treasurer shall,
upon the advice of the Director, make recommendations to the Council
as to the rate required.
(8)
The developer shall pay an area connection charge for each unit of
property that is to receive the service.
(9)
Every property located in the development for which a permit is or
has been issued for an individual water-supply or sewerage system,
or both, shall be required to connect to the community or multiple-use
system as provided for by law for connections to public systems.
(10)
All payments, with the exception of the water or sewer use charges,
shall be paid prior to the issuance of any building permit for the
construction of each unit.
(11)
The system shall be maintained and operated by the Department.
(12)
Use charges for maintenance and operation of each system may
vary from other systems.
(13)
It is the policy of the county that all such systems be constructed
by the developer or property owners at their own expense; however,
in the event that county bond funds are utilized in the construction
of all or part of the interim community or multiple-use system, a
bond amortization assessment shall be levied on the properties benefited
by the system.
(14)
Upon drastic deloading of existing sewer (transmission or pumping)
facilities that adjoin or abut a developer's property, a developer
may construct a wastewater treatment device at a location approved
by the Council. The foregoing is in conformity with the existing county
policy of encouraging the maximum utilization of existing county sewage
transmission and treatment facilities.
A.
Upon reasonable notice from the Department, all persons having buildings,
conduits, cables, wires, pipes, tracks, poles or other structures
or obstructions in, on, over, under or through any public road, street,
way, highway or right-of-way thereof, which block or impede the construction
or establishment of public water-supply, sewerage or drainage systems
or other works, shall, upon due notice, promptly shift, adjust, accommodate
or remove the structures or obstructions as necessary to meet the
exigencies occasioning such action. Except as may otherwise be required
by law or agreement with the county, the cost of such changes shall
be borne by the person required to move the structure or obstruction.
B.
Except for emergency and routine maintenance and repairs, before
any public service corporation or other person begins excavation or
construction in any county public street, road, way, highway or right-of-way
thereof, such person shall file with the Department and receive approval
of the plans for such work and construction, showing the location
and depth in such street, road, way, highway or right-of-way thereof
of the proposed main, conduit, pipe or other structure. Construction
or work shall not begin until the plan is approved by the Department,
nor shall any change be made in the approved plan or in the work or
construction as shown by the plan except on further approval of the
Department. Minor changes may be made during construction, but the
Department shall be notified of all of the minor changes after construction
is completed. Prior to performing routine maintenance and repairs,
the person shall notify the Department, which shall immediately determine
if the maintenance or repairs are a threat to the existing or planned
systems. If road repairs are planned in the area where the maintenance
or repairs are to be performed, the Department and person performing
such construction or excavation shall coordinate their work to prevent
a recently repaired road from being disturbed for subsurface repairs
or maintenance.
C.
Whenever any main, conduit, cable, wire, pipe or other structure
is installed without the filing of plans with and the approval thereof
by the Department, or when any unapproved change is made in the location
of the main, conduit, pipe, cable, wire or other structure as shown
upon the plans approved by the Department or any approved change therein,
and when it is determined that such conduit, main, pipe, cable, wire
or other structure interferes with the construction or operation of
the county water or sewerage system or other works, the Department
may, upon reasonable notice to the owner, remove the conduit, main,
pipe, cable, wire or other structure or change the location thereof
at the cost and expense of the parties who installed or constructed
them, or their heirs, assigns or successors in interest, without any
liability upon the part of the county for damage that might be done
to the same by reason of the county's actions or operations in constructing
and maintaining its water-supply, sewerage or drainage systems or
other public works.
B.
Whenever any public water or wastewater lateral or drainage system
is ready for the delivery of water or the reception of wastewater
or drainage, every abutting property owner shall be notified that
he may then connect to the system and that all abutting property shall
be assessed for the cost of construction, and such property owner
shall be required to pay an area connection charge within six months
of the date of the notice. However, if the Director or County Health
Officer shall find that any drainage or any dry well, privy, vault
or well for household purposes shall constitute a nuisance or a menace
to health or safety, the county shall require immediate connection
to the public water, wastewater or drainage system. If any person
shall fail to make a connection as required by this section, the county,
upon written notice to the property owner, shall charge the property
owner the existing costs of connecting to the county's system. The
Director shall forthwith request the County Attorney to institute
appropriate legal proceedings to ensure compliance with this requirement.
C.
When a connection is made, the property owner shall make a connection
of all spigots or hydrants, toilets and waste drains with the public
water or wastewater lateral, and no cesspool, septic tank, dry well,
privy, vault or well for household water purposes shall be used or
maintained on the property, and no cross-connection of any kind shall
be permitted.
D.
Investigations; appeals.
(1)
Whenever there is any community that does not have adequate facilities
for the disposal of wastewater and the Director deems it inexpedient
to construct a publicly owned sewerage system, as provided by law,
and there is or may be constructed or maintained by private enterprise
a wastewater system or disposal plant for public use, the Director
shall investigate the sewerage problem. If, after due notice to all
persons who may be directly affected by a compulsory connection to
a private community sewerage system and an opportunity for those persons
to be heard at a public hearing, the Director determines that the
conditions in such community are such as to be dangerous to the public
health, safety or general welfare of the county, it shall be the duty
of the Director to issue an order directing the owners or occupants
of the community, within such reasonable time and in such reasonable
manner as by such order may be prescribed, to connect their respective
premises to the private sewerage system.
(2)
Appeals from such orders of the Director may be taken to the County
Council within 30 days of the issuance of the order, until such time
as an Appeals Board is established. An appeal shall stay further action
by the county under the order until it is decided. If the appellate
review upholds the county's actions, the county shall forthwith proceed
with such court proceedings as may be necessary to effectuate the
purposes of the order.
E.
The Director may at any time permit or require a connection with
a water or sewer main by a property owner who has not previously paid
a benefit charge for the construction of a water or sewer lateral
or main, provided that the Director classifies the property and a
front-foot assessment is paid by the property owner as though the
property abutted upon a water or sewer lateral or main. If the connection
is made, the property owner and the property, as to all charges, rates
and benefits, stand in every respect in the same position as if the
property abutted upon a water or sewer lateral or main.
F.
When a purchased system is to be connected to a portion of the existing
county water, sewer or drainage system, all properties receiving services
from the purchased system will be charged the normal charges that
are being charged by the county for connection to any other portion
of the county system at the time of the connection of the purchased
system or at the time the purchased system becomes a sanitary subdistrict
of the county.
[Amended by Bill Nos. 81-18; 81-27]
A.
The county shall make a charge for every drainage, sewer and water
connection in the amount set by law, if not previously paid. Connection
charges, which are used to amortize the costs of capital facilities,
shall be established from time to time by law. Connection charges
may be based upon reasonable classifications that may vary within
any water, sewer or drainage system and among any such systems depending
on the existence of any special circumstances. The charges shall not
be limited to the costs of the county for making such connections.
The Treasurer shall determine the manner in which such charges shall
be paid by adopting appropriate rules and regulations. When connection
charges, surcharges, water system development fees and/or sewer system
development fees are applicable to an existing residential dwelling
unit, the charges, surcharges, and/or fees may be financed over a
period of five years and the interest charges on any unpaid balance
shall be the prime rate of interest as identified in the wall street
journal plus 2% per year. Once application for water and/or sewer
service is completed, the interest rate is fixed as of the date of
the first payment.
[Amended by Bill No. 91-33]
B.
Connection charges shall be levied against each property or each
improvement connecting to the county's water and/or sewer system in
accordance with the rates established by law. Where county water or
sewer service is to be provided to a property or improvement, payments
for connection charges will not be accepted or credited and building
permits will not be approved by the county until water and/or sewer
facilities are are constructed, tested and made operational and have
physically benefited the property to which the building permit applies.
Where a developer or property owner requests the county to approve
a building permit prior to compliance with the above requirements,
the county may approve the building permit upon the following conditions:
[Amended by Bill No. 04-03]
(1)
The developer or property owner shall post a bond, irrevocable letter
of credit or other security acceptable to the Treasurer and County
Attorney, in the amount of 100% of the estimated cost of construction
and area connection and meter charges as determined by the county,
guaranteeing the completion of the construction of the water and/or
sewer facilities required to provide services to the improvements
to which the building permit applies. The Department of Public Works
shall promulgate rules and regulations to facilitate implementation
of this section pursuant to Section 807 of the Harford County Charter.
(2)
In the event that the developer fails to complete construction of
the requisite water and/or sewer facilities within 2 years of the
date of issuance of the building permit, all securities posted are
subject to forfeiture.
C.
Where area connection charges are paid and building permits are issued,
commencement of construction shall be made within 18 months from the
date of issuance of the building permit, or the applicant may lose
the allocation of service for the building permit and have all permits
issued and agreements entered into by the county become null and void
by operation of law. A charge shall be made by the county for the
reservation of service and processing of permits.
D.
If a similar credit for contribution by the property owners has not been previously allowed in their case as provided for by § 256-24, when a purchased system is to be connected to a portion of the existing county system, those properties connected to the purchased system shall be required to pay only that amount of the then-existing area connection charge that exceeds any amount computed as a credit to the county at the time of determining the county's purchase price, i.e., money that was deducted from the purchase price because it consisted of payments, contributions or taxes paid by lot or property owners toward the construction of the system being purchased by the county or money to be deducted from the land or lots for the purpose of constructing the system being purchased. Otherwise, all properties will be charged the normal area connection charge that is being levied for connection, at the time of the connection of the purchased system, to any other portion of the county system or at the time the purchased system becomes a sanitary subdistrict of the county.
E.
As of January 3, 1978, the rate of connection charge shall be determined
by the following procedures:
(1)
All connection charge rates expressly and lawfully established in
any contractual agreement executed prior to January 3, 1978, shall
remain valid, provided that such agreement remains in force and effect
until the respective property is physically benefited with water or
sewer service. If such agreement shall be declared null and void and
no longer in force and effect prior to the respective property being
physically benefited, the rate of the connection charge shall be reestablished
in accordance with the applicable portions of this chapter.
(2)
All property platted and recorded in the land records of the county,
which is required to connect to the public water or sewer system as
a condition of recordation and which has not been physically benefited
with the required service and whose connection rate is not expressly
and lawfully established in any contractual agreement, shall be required
to pay at the rate which was in effect at the time the property was
so platted and recorded, provided that the property is, in fact, physically
benefited with such required service within 18 months of the date
of recordation. In the event that such service is not provided within
the requisite time, the connection rate shall be reestablished to
be that in effect at the time the property is, in fact, physically
benefited.
(3)
All property to be benefited with water or sewer service by mandate
of any federal, state of county legislative action which prohibits
construction of or repair to or causes the eventual abandonment of
an individual system shall pay the connection rate in effect at the
time such legislative action became effective, provided that such
legislative action is not abrogated prior to the property being physically
benefited.
(4)
All other property physically benefited with water or sewer service
after January 3, 1978, shall pay the connection rate in effect at
the time such property is so physically benefited.
F.
All connection charges, regardless of the connection rate, must be
paid prior to the physical connection to the respective system or
within six months of the date the property is physically benefited,
whichever is earlier.
G.
If, once physically benefited, the use of a property is altered in
such a manner that existing service must be increased or enlarged,
the county shall require an additional connection charge for such
increased or enlarged portion of service, such additional charge to
be at the rate in effect at the time such additional service is provided.
H.
The area connection charge for a development which adjoins or abuts
existing county sewer transmission facilities, which have experienced
a drastic deloading, and has built a wastewater treatment device shall
be the developer's proportionate share of the depreciated cost to
the county of the transmission facilities and the pumping stations
connecting the development to the wastewater treatment device and,
in addition, shall be $0.50 per gallon of sewage or industrial waste
treated by the wastewater treatment device, which shall represent
the developer's share of the cost to the county of the construction
of the sod-run wastewater treatment plant expansion.
[Added by Bill
No. 04-03]
Notwithstanding any language in this chapter to the contrary,
any capital charges for water and/or sewer service for the following
properties that are due at the time of connection, including one-time
connection charges, surcharges and recoupment charges, shall be paid
by the County to the water and sewer fund and shall not be charged
to the property owner:
A.
Property that is the site of a fire station or substation and is
owned by a volunteer fire or ambulance company; and
B.
Property that is the site of a fire station or substation and is
leased from the federal government by a volunteer fire or ambulance
company; and
C.
Property that has been approved as the site of a future fire station
or substation by the Harford County Fire and Ambulance Association
and is owned by a volunteer fire or ambulance company.
[Amended by Bill Nos. 92-72; 93-19; 93-67]
A.
It shall be the duty and responsibility of the Director of the Department
of Public Works to ensure that timely reviews and amendments of the
Water and Sewer Plan are recommended to the Council.
B.
The Director of the Department of Public Works shall ensure that,
no later than the first legislative session in the months of March
and September of each year, a review of the plan and any recommendations
he/she may have are forwarded to the Council in a form and manner
that, upon adoption by the Council and approval by the Maryland Department
of the Environment, shall be the new plan.
C.
It is the responsibility of the owner of a property, or a designated
representative of the owner of a property, to submit a request in
writing to have the status of their property amended in the Water
and Sewer Plan. All requests for amendments to the Water and Sewer
Plan shall be filed with the Department of Public Works who shall
review and forward the request to the Council with such recommendations
as it shall deem appropriate. All such requested revisions shall be
submitted by the deadlines of February 1 or August 1 as is appropriate
to the next semi-annual update of the plan. Should a property owner
require the amendment within six months of the deadline for application
for the previous update, a fixed processing fee of $2,000 shall be
borne by that party.
D.
The Water and Sewer Plan, as amended, shall be effective after the
County Council takes its action on the amendment, revision or reenactment
and after Maryland Department of the Environment approval.
E.
The County Council's adoption of an amendment or revision to the
Plan does not guarantee that an owner will be permitted to develop
the property.
F.
The amended Plan will then be submitted to the Maryland Department
of the Environment for state review and approval.
G.
All reviews of the Plan shall include a review of the effect any
changes may have on the funding of the system.
H.
When deciding whether to change the status of a property in the Plan,
the County Council may consider any of the following items that are
not considered by the preliminary plan approval process:
(1)
The capacity of the section of the water or sewerage system in question;
(2)
The need for additional revenue to support capital programs;
(3)
The probability of development occurring within an appropriate time
frame;
(4)
A specific environmental concern that is directly affected by or
that directly affects the proposed provision of water and sewerage
services or facilities to the property; and
(5)
A specific public health and safety concern that is directly affected
by or that directly affects the proposed provision of water and sewerage
services or facilities to the property.
I.
Even if a property meets the criteria for inclusion in the S3-W3 category, a proposed change to that category for the property may be rejected if there is not adequate information to evaluate the parameters in Subsection H of this section.[1]
[1]
Editor's Note: Former Subsection J, which immediately followed
this subsection and provided for adoption and submission of yearly
updates, as amended, was removed from the codification by Bill No.
10-43.
The County Council may annually establish a percentage, not
exceeding 25% of unallocated water and sewer capacity, that is to
be reserved for industrial use in the following calendar year. Such
reservations shall only be made if there is, on December 1 of any
given year, any capacity that can be reserved for the following calendar
year. Reservations of industrial use are not cumulative and are effective
for only one calendar year.
A.
The county shall have full and complete jurisdiction over all fire
hydrants connected with its water system, and no person may operate,
use, make connection with or withdraw water from the system without
the written authority of the Director or his designee, except that
no restriction shall apply to any bona fide Fire Department in the
discharge of its duties.
B.
The Director, upon a determination that public safety will be served,
may require the installation of fire hydrants to public or private
systems, existing or to be constructed, and may prescribe such rules
and regulations for the use and maintenance thereof as he deems necessary.
C.
No person may use, tamper with, deface, damage or otherwise obstruct
the use of any fire hydrant, except as may be provided by law, regulation
or permission signed by the Director.
D.
Fire hydrant service to county residents who are served by the Maryland
Water Works may be provided by the county in accordance with the following
procedures:
(1)
Residents requesting service must petition to the county for fire
hydrant service. Petitions must be filed with the Department of Public
Works.
(2)
The Department of Public Works shall formulate a preliminary estimate
of the total cost and will project the area to be served.
(3)
The County Executive will request the Council to hold a public hearing.
(4)
A public hearing shall be held by the Council to determine if the
service shall be provided.
(5)
Upon approval by the Council, the county will begin negotiating a
contract with the Maryland Water Works Company for the hydrants and
service. The Treasurer shall determine the method of collecting money
for the hydrant service and shall make such recommendations to the
Council as may be necessary.
The county may enter into contracts for the connection of the
county's water-supply, sewerage or drainage systems with those of
any municipality or adjoining county or any other governmental agency
for the purchase of water and for the disposal of sewage or drainage
from any sanitary district and may enter into any other agreement
concerning any matter deemed by the county to be necessary, advisable
or expedient for the proper construction, maintenance and operation
of the water-supply, sewerage or drainage systems under the control
of the county or under the control of any municipality, other county
or other governmental agency. The county is further empowered to enter
into contracts with any municipality for the joint acquisition, construction,
ownership and operation of any water-supply, sewerage or drainage
system or any portion thereof, for the benefit of the county.
A.
The county may enter into an agreement with a property owner regarding
service and connections to the county's water-supply, sewerage or
drainage systems; however, no agreement shall guarantee or be interpreted
to guarantee the providing of any capacity, service, connections or
facilities beyond that which the county, at any given point in time,
has available and unobligated or constructed and operational.
B.
If, on January 3, 1978, a person has an existing public works agreement
with the county, allocations of service connections or other alleged
obligation of service from the county, that person, upon notification
that water-supply, sewerage or drainage service is available:
(1)
Shall pay the required area connection charge within six months of
notification.
(2)
Shall make the requisite connections within two years of notification
or lose the allocation of service and have all permits issued by the
county become null and void by operation of law. If the effectiveness
of the agreement, allocation of service or other obligation is extended,
this time requirement shall be extended for a like amount of time.
If, at the time of connection, the amount to be charged is different
than the amount previously paid as an area connection charge, regardless
of prepayment under this section, the amount of the area connection
charge in effect at the time of connection shall be the amount chargeable
at that time.
The Department may utilize the services of consultants for the
purposes of conducting studies and surveys and the collection and
formulation of data and conclusion; however, all requests and changes
thereto for such services shall be in accordance with the established
procurement laws and regulations.
For the purpose of providing funds for maintaining, repairing
and operating its water-supply, sewerage or drainage systems and for
their operation and other expenses, including proper depreciation
allowances, and for interest on and the retirement of bonds as specified
in this chapter, the county may make the following charges:
A.
Water and sewer service charge; bills; turning off water for nonpayment
of bills.
(1)
The county may establish a charge for water, sewer and drainage services,
which may include a minimum ready-to-serve charge, which may be based
upon the size of the meter on the water connection leading to the
property, and a charge for water used, which shall be based upon the
amount of water passing through the meter since the last charge was
made, if any, and such other criteria as may be reasonable. If a meter
is not installed at a property that is connected to the system, a
flat rate shall be charged on that property. Such rate shall be uniform
in each sanitary system or subdistrict and based upon the ready-to-serve
charge and an average amount of water used by properties in the county
or sanitary system or subdistrict.
(2)
Bills for water and sewer service shall be sent monthly, quarterly
or semiannually, as the Treasurer may determine, to each property
served and shall be payable at the office of the Treasurer or such
other place as may be designated. Such charges shall be a lien upon
the property served and collectible as provided for below.
(3)
If any bill remains unpaid after 30 days from the date of mailing,
the Department, after written notice left upon the premises or mailed
to the last known address of the owner, may turn off the water to
the property in question, and the water shall not be turned on again
until the bill has been paid, including any turn-off fee or turn-on
fee.
(4)
Payment of bills after 30 days from date of mailing shall include
a late fee of 5%. Any unpaid bill plus the late fee of 5% shall be
added to the next quarterly billing.
[Added by Bill
No. 87-12; amended by Bill No. 88-3]
B.
Charge for construction, purchase, upkeep, etc., of water and sewer
systems. A charge may be made by the county for the construction,
purchase or establishment and upkeep of drainage, water-supply and
sewerage systems against all properties benefited by such systems
or having a connection with any water main, sewer or drain under its
operation or ownership. The charge, if any, shall be made upon such
reasonable basis as the Council may determine. It may be collected
in the same manner as other service charges or annually in the same
manner as are front-foot benefit and equal assessments, against all
property benefited by such drainage system or having a connection
with a water main or sewer under the operation or ownership of the
county. Such charges may be based upon such classifications as the
Director, from time to time, may recommend and shall be uniform throughout
each sanitary system within each such classification.
C.
Charge for commencement and cessation of service. When a person or
property owner requests the cessation of installed service, the Department
shall charge a fee, not to exceed $50, that reasonably recovers the
total costs to the county for ceasing and subsequently commencing
the service.
[Amended by Bill No. 97-78]
A.
A meter shall be required to be placed on each water connection,
and a meter may be required to be placed on a sewer line. Each meter
shall remain the property of the county.
B.
A charge for the meter and its installation shall be established
pursuant to law or duly adopted rules and regulations. The rates shall
be uniform throughout each system operated by the county, but the
Director may establish or recommend such classifications as he deems
advisable within any such system, based upon quantity of water used
or size of meter and such other criteria as may be reasonable.
C.
Water meter installation shall take place after the final plumbing
inspection and notification from the Department of Inspections, Licenses
and Permits and instructions to the Division of Water and Sewer that
such inspection has been made. The meter and installation charges
shall be that rate in effect at the time of installation.
D.
No person or entity other than the county or its authorized agent
may commence water service or restart service previously turned off
by the county through a county-owned water meter or service or modify,
repair, remove or otherwise tamper with the functioning of a county-owned
meter, the associated valve(s), the meter register or any pipe or
other hardware appurtenant to the meter. The Department shall charge
a fee not to exceed $100 for the unauthorized commencement or restarting
of water service and a fee not to exceed $300 for tampering with a
meter or its appurtenances.
[Added by Bill
No. 97-78]
E.
Where a meter is located on private property, the property owner
shall provide sufficient access to the meter to allow the department
to read, maintain, repair and/or check the meter and any pipe or equipment
appurtenant to the meter. The Department shall provide written notice
to the owner of any property at which it is unable to access a meter
or its appurtenances. The notice shall specify the obstruction or
other obstacle preventing access and shall provide a reasonable time
within which the obstruction or obstacle is to be removed. In the
event that the obstruction or other obstacle is not removed within
the specified time, the Department may turn off the water to the property
in question, and the water shall not be turned on again until adequate
access is provided and any applicable turn-off fee or turn-on fee
is paid.
[Added by Bill
No. 97-78]
F.
The Department may, at its discretion and in accordance with such
procedures as it may establish, authorize the use of a privately owned
construction meter or enter into an agreement with a private individual
or other entity for the rental of a county-owned temporary or construction
meter for the purpose of drawing water from a county fire hydrant.
The Department shall charge a fee of no more than $300 for the unauthorized
use of a meter and a fee of no more than $100 for failure to appear
for a quarterly reading of a temporary or construction meter.
[Added by Bill
No. 97-78]
[Amended by Bill Nos. 80-85; 81-17]
A.
All charges, levies and assessments provided for in this chapter
shall be liens upon the property served or benefited and, in addition
to being enforced by actions at law, may be enforced by a bill in
equity against the property so served or benefited. The liens shall
be subordinate only to prior state and county liens. Except for benefit
assessment, all charges shall be due when made and, after 60 days
from that date, shall bear such interest as is provided for by law.
Neither the due dates nor the interval between such dates need be
uniform throughout the sanitary district. Benefit assessments shall
be due on the same date as county real estate taxes and, after October
1, shall bear interest at the rate of 1 1/2% per month or fraction
thereof, until the account is paid in full.
B.
In addition to being a lien upon the property served or benefited,
all charges, levies and assessments shall be personal obligations
of the owners of the property at the time the charges, levies or assessments
are attached as a lien against the property.
In accordance with established rules and regulations, the County
Executive, upon recommendation of the Treasurer, may defer payment
of area charges and bond retirement assessments in cases where the
property owner is indigent. These charges shall be a first lien upon
the property and shall become due and payable no later than upon transfer
of the property or any interest therein in any manner, and the lien
shall be recorded among the land records of the county.
A.
Power to acquire. The County Executive, with the approval of the
County Council, may purchase or acquire by gift any existing water,
sewerage or drainage systems or parts thereof, including those owned,
operated by or serving any municipality or any land, structure, building,
streambed, water rights or watershed, either in fee or as an easement,
which purchase or acquisition, in his judgment, is desirable or necessary
for the purpose of providing adequate water-supply, sewerage or drainage
service for the residents of the county. In any such purchase, before
any part of the purchase price is paid other than a nominal sum of
money to bind the agreement, the vendor or his agent shall furnish
an affidavit to the Executive or his designee setting forth all names
and addresses of all persons having any interest in or claims against
the property.
B.
Notice. Upon being notified of the names of persons having an interest
in or claim against the property to be acquired, it shall be the duty
of the Executive or his designee to notify, personally or by certified
mail to the addressee only, return receipt requested, all persons
having any interest in or claim against the property, and the Executive
or his designee shall give three weeks' notice of the county's intention
to purchase the property in a newspaper published within the county
where the property is located. Each person having a claim against
the property shall file the claim with the Department on or before
the expiration date stated in the notice, at which time any such persons
shall be given an opportunity to be heard.
A.
Power to condemn. Whenever it is deemed necessary to take or acquire
any property or interest therein, in fee or as an easement, right-of-way
or other real or personal interest, within or without the boundaries
of the county for the construction, purchase, establishment, extension
or maintenance of the county's water supply, sewerage and drainage
systems or appurtenances thereto, the County Executive may, in accordance
with established law and procedures, condemn the property or interest
by proceedings in the Circuit Court for the county in which the property
or right is located. Any such proceedings shall be instituted and
conducted in accordance with Title 12, Eminent Domain, of the Real
Property Article of the Annotated Code of Maryland.
B.
Deductions from condemnation awards. In the condemnation awards for
privately owned water-supply, sewerage or drainage systems, the jury
shall take into consideration as a part of its award and deduct therefrom
any payment, contribution or tax paid by the respective lot or property
owners toward the construction of the system. Where the system has
been built in connection with or for the purpose of developing home
sites, subdivisions or villages, by any person, and such system has
been offered as an inducement for the purchase of a lot or land therein,
the jury shall deduct from the determined value of the plant or system
such sum as it may reasonably determine was added to the purchase
price of the land or lots in the sale thereof for the purpose of constructing
the system.
C.
Payment of debts and liens upon acquisition. When taken by condemnation,
privately owned systems shall be acquired free and clear of all debts
and liens, but the county shall make a party defendant of any person
having any recorded lien or encumbrance against the system, and the
Circuit Court shall determine the respective amounts due the defendants.
From and after payment into court or to the proper parties as hereinabove
provided, the county is authorized to take possession of, maintain
and operate the system, which shall be subject to the same regulations
and penalties as though the system so acquired had been constructed
and put into operation by the county under the provisions of this
chapter.
D.
Systems deemed unsuitable for incorporation into county system. Whenever
there is in existence a privately owned water-supply, sewerage or
drainage system which, in the judgment of the Director, is unsuitable,
in whole or part, for incorporation into the county's system, the
county may disregard the existence of such system or unsuitable part
thereof and extend the county system to serve the area tributary to
the existing systems or unsuitable part thereof, and all of the provisions
of this chapter relating to systems constructed by the county shall
apply thereto.
E.
Entry and possession by county. At any time after 10 days following
the return and recordation of the verdict or award in condemnation
proceedings, the county may enter and take possession of the property
condemned, upon first paying to the Clerk of the Court the amount
of the award and all costs taxed to that date, notwithstanding any
appeal or further proceedings upon the part of the defendant. At the
time of the payment, the county shall give its corporate undertaking
to abide by and fulfill any further legal liability.
[Amended by Bill Nos. 81-28; 81-63; 81-98]
A.
For the purpose of providing funds for the investigations, surveys,
designs, construction, establishment, purchase, condemnation or depreciation
of water-supply, sewerage and drainage systems in the county and for
the purpose of paying any debt of these systems, the Council may:
(1)
Establish a reserve fund pursuant to Section 523(d) of the Charter.
(2)
Incur debt as provided for by the Charter.
(3)
Establish charges based upon connections to the system and other
criteria.
(4)
Levy special assessments on the properties benefited by a particular
project or portion of the system.
(5)
Levy assessments on all property benefited by water-supply, sewerage
or drainage systems in the county.
(6)
Levy an ad valorem tax on all taxable real property in the county.
(7)
Establish and levy surcharges.
B.
Taxes and past-due debts shall be paid in full prior to transfer
of the property. Additionally, area connection charges which have
been prorated over a period of years pursuant to an agreement between
the property owner and the county shall be paid in full, upon transfer
of the property prior to payout of the area connection charge. The
person purchasing the lot or property will assume the liability of
all existing water, sewer or drainage charges that are not past due,
except where the purchaser and seller agree otherwise.
C.
Notwithstanding the above, the following types of transactions are
exempt from accelerated payment of area connection charges:
(1)
Deeds with no consideration.
(2)
Straw deeds.
(3)
Confirmatory deeds.
(4)
Transfers between spouses or former spouses.
(5)
Deeds made as a result of bankruptcy proceedings.
(6)
Tax sale deeds.
(7)
Deeds made by a personal representative of an estate-making distribution.
(8)
Quitclaim deeds to remove cloud on title.
[Amended by Bill Nos. 80-12; 80-70]
A.
The Council will authorize the incurring of indebtedness by the county,
in accordance with Sections 518 and 524 of the Charter, as it deems
necessary. The county may pay the interest on any bond series it issues
out of the proceeds of the sale of that series for only one year.
Any interest derived from unexpended bond money shall be used only
to pay the principal and interest on outstanding bond or emergency
note indebtedness. Emergency notes issued to defray noncapital expenditures
shall ultimately be paid for from sources that normally are used to
pay for noncapital expenditures.
B.
The incurring of indebtedness by the issuance of emergency notes
shall be in accordance with the legislative procedures enunciated
in the Charter, rules and regulations of the Council and Anno. Code
of Md. (1957), Art. 31, § 12.
C.
Bonded indebtedness incurred by the county shall be incurred in the
manner prescribed by the Charter and Anno. Code of Md. (1957), Art.
31, and such other provisions of law as may be applicable.
(1)
County bonds may be redeemed before maturity, at the option of the
county, at such price and under such terms and conditions as may be
stated in the bonds or as allowed by law.
(2)
County bonds shall be exempt from federal, state and local taxation
insofar as is allowed by federal and state law.
(3)
Bonds shall be issued under the County Seal and shall contain a statement
to the effect that the payment of the principal and interest is guaranteed
by the county.
(4)
County bonds shall bear interest at a rate acceptable to the Harford
County Council.
A.
The Director may recommend to the Council or the Council may establish
an annual assessment on all properties in the sanitary district or
subdistrict for the purpose of paying for the construction, purchase
or establishment of water-supply, sewerage or drainage facilities
or to pay the principal and interest due on bonds issued by the county
to pay for the facilities. The Director may recommend to the Council,
in accordance with established rules and regulations, or the Council
may establish an annual assessment on only those properties, improved
or unimproved, binding upon a highway, street, road, lane, alley or
right-of-way in which a waterline, sewer line or drain has been built
to defray the expenses of the capital expenditure.
(1)
However, if a property is connected to a line and does not have frontage
abutting upon the highway, street, road, lane, alley or right-of-way
in which the line is laid, an assessment shall be levied that is an
average assessment for all properties assessed for that particular
line to which it is connected.
(2)
Properties connected by lines classified by the Director as basic
mains, lines or facilities shall be charged an annual assessment that
shall be substantially equal to an average of all individual property
assessments levied in a preceding base year for similar-type projects
paid for from the same bond issue as the basic main, line or facility
to which the property to be assessed is connected, if any, and, if
no assessments were made for construction paid for from the same bond
issue, an assessment substantially equal to an average of all assessments
made in a preceding base year for similar-type services.
B.
All assessments shall be adopted in accordance with the procedures
set forth in this chapter. If not previously assessed and collection
made therefor, the assessment shall be made and the first payment
shall be collected within 12 months of the date on which the books
are closed as to the purchase, project, establishment or construction.
All sums collected by the Treasurer from assessments levied against
properties for water-supply, sewerage or drainage purchases, projects,
construction or establishment shall be set aside in a separate fund
to be utilized for the purpose of paying for the cost of capital improvements
and the principal and interest due on bonds issued by the county to
defray capital expenditures for the county's water-supply, sewerage
or drainage systems.
C.
Upon the determination by the Council or the Director that an assessment
should be levied, they shall notify the Treasurer. The Director shall:
(1)
Obtain from the Treasurer final and complete costs of the project
and the proper bond variance factors to be applied.
(2)
Determine the proper assessment to be levied.
(3)
Request the Council to hold a public hearing, but only in those cases
where the total cost exceeds the costs as estimated prior to undertaking
the project as a public improvement or capital project.
(4)
Request the Treasurer to send notices of a public hearing, if a public
hearing is required.
(5)
Present information at any required public hearing.
(6)
After approval of the assessments to be levied by the county or determination
of what the proper assessment should be, where Council approval is
not required, request the Treasurer to send the notices of assessment.
A.
Where properties in the sanitary district or subdistrict have been
assessed for a particular improvement in accordance with the method
prescribed by law, the assessment must defray the expenses of the
capital improvements for which the assessment was levied.
(1)
The Treasurer shall ensure that a biannual review of all assessments
is made and that all assessments will provide the requisite amount
of money to defray the expenses of the capital improvements. A summary
statement or report shall be made to the County Council and County
Executive.
(2)
Where the money to be received over the life of the assessment will
be sufficient to defray the expenses of the capital improvements for
which the assessment was levied, the Treasurer shall:
B.
All assessments shall become a lien against the property to which
the assessment is levied at the time the assessment law is effective,
as well as becoming a personal liability of the owner of the property
at the time the assessment law is effective. The property liens shall
be a first lien on the property, subject only to prior state and county
charges. Property liens may be collected at any time, but in the same
manner as county taxes are collected.
In the event that all funds available from water, sewer and
drainage system sources are insufficient to pay the principal and
interest due on any bonds issued pursuant to the authority in this
chapter, the County Executive shall recommend and the County Council
shall, in each fiscal year in which bonds are outstanding, levy and
collect ad valorem taxes upon all the assessable property in the county
in rates and amounts sufficient to provide for such payments when
due, together with accrued interest to the date of payment. In the
event that the proceeds from the taxes so levied in any fiscal year
are inadequate for the above purposes, additional taxes shall be levied
in the succeeding fiscal year to make up any deficiency.
A.
It is the direction and policy of the County Council that equal benefit
assessments shall be the primary method of assessing properties where
an assessment is used to amortize the providing of water, sewer or
drainage services by the county to private users. However, where dictated
by equity or law or agreed upon by all property owners that are to
initially receive the service, the county may assess the properties
on a front-foot benefit basis.
B.
Classification of properties for bond retirement assessments. The
Director may recommend to the Council or the Council may establish
an assessment on either a front-foot basis or an equal benefit basis.
The Director may divide all properties receiving service from a project
or binding upon a highway, street, road, lane, alley or right-of-way
in which a waterline, sewer line or drain has been laid into one or
more of the following four classes: agricultural and small acreage;
industrial; commercial and business; and residential. The Director
may provide other reasonable classes by rule and regulation. The Director
may subdivide each of these classes into such subclasses as may be
reasonable to ensure an equitable assessment of all properties assessed.
The Director may recommend changes in the classification of properties
from time to time as the uses of the properties change. Assessments
shall be paid annually for all properties for a number of years that
is the same as the period of maturity of the bonds out of which the
proceeds came to pay for the capital improvement.
C.
Front-foot benefit assessments. Except as provided for below, front-foot
benefit assessments shall be based for each class of property upon
the number of front feet abutting upon the highway, street, lane,
road, alley or right-of-way in which the water, sewer or drainage
pipe is placed.
(1)
No residential property may be assessed on more than one side for
duplicative services, unless it abuts upon two parallel highways,
streets, lanes, roads, alleys or rights-of-way in which duplicate
water, sewer or drainage pipes are laid, and then only if service
is utilized from both.
(2)
For corner lots, where water or sewer utilities are provided on two adjacent sides of a property, assessable footage will be determined by averaging the two sides or by using only the side for which the service connection is provided, whichever is the greater of the two. In computing this frontage, a curved front lot line of a corner lot shall be computed in accordance with Subsection C(7) of this section.
(3)
All properties in the residential, industrial, commercial and business
classifications shall be assessed based on their full assessable frontage,
even though the water-, sewer or drainage line may not extend along
the full length of the frontage.
(4)
No land classified as agricultural or small-acreage shall be assessed
a front-foot benefit assessment when it has constructed through it
or in front of it a sewer or water main, until such time as a water,
sewer or drainage connection is made, and, when so made and for every
connection, such land is liable to a front-foot assessment for such
reasonable frontage not exceeding 300 feet and shall be immediately
assessed at the rate of assessment determined for agricultural land,
provided that where the majority of the lots, tracts or parcels of
land that are serviced by the construction, purchase or establishment
of a water-supply, sewerage or drainage facility are of a small-acreage
classification, those lots, tracts or parcels of land shall be assessed
for the same frontage as is actually traversed by the improvement
they are being assessed for.
(5)
Where a building receiving service is erected on more than one lot
or parcel and only one service connection is provided, it will be
assessed as one property.
(6)
Private parks shall be assessed as agricultural.
(7)
Except as otherwise provided, where the assessable footage is greater
than 150 feet, the first 150 feet shall be assessed at the full rate
per foot established for the project, the second 150 feet shall be
assessed at 50% of the full rate per foot established for the project
and all the remaining assessable footage shall be assessed at 25%
of the full rate per foot established for the project.
(8)
Properties abutting a water- or sewer line and having a front and
rear property line with more than one foot difference will be averaged.
Where it is necessary to establish a back lot line and the line is
not a straight line, geometric equations shall be utilized to establish
a line that represents the average distance from both sides of the
plane geometric figure representing the rearmost boundaries of the
property.
(9)
All properties with an assessable front footage less than 40 feet
will be assessed at a minimum of 40 feet.
(10)
Commercial and industrial properties shall be assessed at the
full rate for all of the assessable front footage abutting a water-,
sewer or drainage line.
(11)
Property that is the site of a fire station and is owned by
a volunteer fire or ambulance company is exempt from a front-foot
assessment.
[Added by Bill
No. 92-1]
(12)
Property that is the site of a fire station and is leased from
the federal government by a volunteer fire or ambulance company is
exempt from a front-foot assessment.
[Added by Bill
No. 92-1]
(13)
Property that has been approved as the site of a future fire
station or substation by the Harford County Fire and Ambulance Association
and is owned by a volunteer fire or ambulance company is exempt from
a front-foot assessment.
D.
Equal benefit assessments. An equal benefit assessment shall be levied
on each of the properties benefited by a purchase or project or the
establishment or construction of a water-supply, sewerage or drainage
facility in an equal amount, or the assessment may be calculated on
a square footage ratio of each property to the total square footage
of all properties being assessed, if a square footage ratio would
be more equitable. A property benefited by a petition project must
have its share of the project cost paid off before the property can
be served by a water or sewer main other than the one constructed
for the original parcel by the petition. The assessments shall be
in whatever amount is required to pay the total cost of the purchase,
project, establishment or construction. For purposes of this subsection,
the term "property" means any real property upon which a building
is erected or may be erected and to which either no service connection
or one service connection has been provided. Should any property owner
divide a property, the same assessment shall be imposed on the new
property as on the other properties. Those projects assessed prior
to the date of enactment of this subsection shall continue to be assessed
only for each property with a service connection. Equal benefit assessments
for the following properties are the responsibility of the county
and will be paid to the water and sewer fund out of the general fund,
and shall not be charged to the property owner:
[Added by Bill
No. 92-1; amended by Bill Nos. 92-73; 94-60]
(1)
Property that is the site of a fire station or substation and is
owned by a volunteer fire or ambulance company;
(2)
Property that is the site of a fire station or substation and is
leased from the federal government by a volunteer fire or ambulance
company; and
(3)
Property that has been approved as a site of a future fire station
or substation by the Harford County Fire and Ambulance Association
and is owned by a volunteer fire or ambulance company.
E.
In addition to equal benefit assessments and front foot benefit assessments
provided for herein, the county may authorize assessments based on
assessed valuation of land and improvements on all parcels within
the defined area. The assessment rate will be set as the amount which,
when multiplied by the assessable tax base, will provide an amount
sufficient to meet the annual principal and interest debt service
payment of the project.
[Added by Bill
No. 91-75]
(1)
As assessments change in the defined area every other year, the assessment
rate will be adjusted to reflect an amount necessary to provide for
the annual debt service principal and interest payment without exceeding
total debt service for each project.
(2)
Prepayment.
(b)
Prepayment must be made prior to the issuance of bond for construction
of the project. The method of prepayment is based upon the percentage
of usage contributed by each subdivision to the Fallston Commercial
Corridor Sewer System as follows:
(c)
The amount to be prepaid shall be based upon the project cost
estimate as determined by the design engineer at 95% completion of
the design and prior to issuance of the bond for the project.
(d)
No other prepayment of the assessment shall be allowed.[1]
[1]
Editor's Note: Former Subsection E(3), added by Bill No. 04-34,
which immediately followed this subsection and provided for property
added to the Fallston Commercial Corridor Sanitary Subdistrict after
August 2004, was repealed by Bill No. 12-51.
F.
Equal unit assessments. An equal unit assessment shall be levied
on each of the assessable units benefited by a purchase or project
or the establishment or construction of a water-supply, sewerage or
drainage facility in an equal amount. A property benefited by a petition
project must have its share of the project cost paid off before the
property can be served by a water or sewer main other than the one
constructed for the original parcel by the petition. The assessments
shall be in whatever amount is required to pay the total cost of the
purchase, project, establishment or construction. For purposes of
this subsection, the term "assessable unit" means any real property
upon which a building is or may be erected and to which either no
service connection or one service connection has been provided except
that, where more than three residential units have been or are constructed
on a single lot or parcel of land, each residential unit shall constitute
an individual "assessable unit". Should any property owner divide
his property, the same assessment shall be imposed on the new property
as on the other properties. Each individual lot or parcel served by
a connection to the project made prior to the date of enactment of
this subsection shall be assessed as a single assessable unit. Equal
benefit assessments for the following properties are the responsibility
of the county and will be paid to the water and sewer fund out of
the general fund, and shall not be charged to the property owner:
[Added by Bill
No. 95-37]
(1)
Property that is the site of a fire station or substation and is
owned by a volunteer fire or ambulance company;
(2)
Property that is the site of a fire station or substation and is
leased from the federal government by a volunteer fire or ambulance
company; and
(3)
Property that has been approved as a site of a future fire station
or substation by the Harford County Fire and Ambulance Association
and is owned by a volunteer fire or ambulance company.
From and after February 15, 1973, all money of the Metropolitan
Commission and all debts, credits, assessments, levies and charges
of every kind and description due to or from the Metropolitan Commission
shall become the money, debts, credits, assessments, levies and charges
to or of the county. All money, assessments, levies or charges so
collected or to be collected and all debts paid shall be credited
or debited, as the case may be, to the current interest and joint
sinking fund and the county utility fund in such banks or trust companies
as the County Executive shall designate, and such funds shall be kept
separate and apart from all other county funds.
