Harford County, MD ARTICLE I General Provisions

§ 256-1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

COMMUNITY SEWERAGE SYSTEM

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.

COMMUNITY WATER-SUPPLY SYSTEM

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.

DEPARTMENT

The Department of Public Works.

DEVELOPER

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.

DEVELOPMENT

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.

DIRECTOR

The Director of the Department of Public Works.

DRASTIC DELOADING

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.

INDIVIDUAL SEWERAGE SYSTEM

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.

INDIVIDUAL WATER-SUPPLY SYSTEM

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.

MULTIPLE-USE SEWERAGE SYSTEM

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]

MULTIPLE-USE WATER-SUPPLY SYSTEM

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]

PHYSICALLY BENEFITED

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.

PRIVATE PARKLAND

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.

PROJECT

Construction of water or sewer lines in a sanitary district or subdistrict, not including hookup to individual homes.

SANITARY DISTRICT

All that land included in the corporate boundaries of the county, including all sanitary subdistricts.

SANITARY SUBDISTRICT

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.

SEWAGE

All human and animal excretions, street wash and domestic and manufacturing waste, when carried by water, either in suspension or solution.

SEWERAGE SYSTEM

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.

SMALL ACREAGE

Lots, tracts or parcels from three to and including 11 acres in size.

SMALL MULTIPLE-USE SEWERAGE SYSTEM

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]

SMALL MULTIPLE-USE WATER-SUPPLY SYSTEM

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]

WATER AND SEWER PLAN

The Master Water and Sewer Plan for the county adopted pursuant to Article 43, § 387C, of the Annotated Code of Maryland, 1957.[1]

WASTEWATER TREATMENT DEVICE

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.

§ 256-2 Incorporation of provisions into contracts.

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.

§ 256-3 Declaration of sanitary district; adoption of regulations; provisos.

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.

§ 256-4 Sanitary subdistricts.

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.

§ 256-5 Permits required.

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.

§ 256-6 Providing water and sewer services.

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.

(d) Where the properties are to be assessed, the procedures provided for in § 256-27 shall be followed.

§ 256-7 Responsibilities of Director of Public Works.

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.

§ 256-8 Construction specifications, inspections and costs.

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.

§ 256-9 Community or multiple-use systems; wastewater treatment devices.

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.

§ 256-10 Obstructions; filing and approval of plans.

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.

§ 256-11 Connections.

A. All connections to the county water-supply, sewerage and drainage systems shall be made in accordance with this chapter, the County Plumbing Code[1] and other established rules, regulations and laws.

[1] Editor's Note: See Ch. 202, Plumbing.

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.

§ 256-12 Connection charges.

[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.

§ 256-12.1 Capital charges for fire stations or substations.

[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.

§ 256-13 Water and Sewer Plan.

[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.

§ 256-14 Reservation of unallocated capacities.

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.

§ 256-15 Fire hydrants.

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.

§ 256-16 Contracts with other agencies.

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.

§ 256-17 Agreements.

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.

C. Public works agreements for developer/contractor-initiated projects that are to be funded by the developer/contractor may be entered into pursuant to the provisions of § 256-6D.

§ 256-18 Consultant services.

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.

§ 256-19 Service, operation and maintenance charges.

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]

§ 256-20 Meters.

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]

§ 256-21 Enforcement and collection of charges, levies and assessments; liens.

[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.

§ 256-22 Deferred payments.

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.

§ 256-23 Acquisition of systems.

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.

§ 256-24 Acquisition by condemnation of systems.

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.

§ 256-25 Payment for capital indebtedness.

[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.

§ 256-26 Serial bond and emergency note indebtedness.

[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.

§ 256-27 Assessments.

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.

§ 256-28 Reassessment; supplemental assessments.

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:

(a) Recommend to the Council a supplemental assessment in the amount necessary that, when added to the original assessment, will ensure that the requisite money is raised to defray the expenses of the capital improvements; or

(b) Recommend to the Council a reassessment where:

[1] An assessment has been imposed or attempted and payment thereof has not been had; or

[2] There has been an error in the assessment or where the classification of properties assessed has changed and where the assessment of substantially all of the properties would be substantially decreased.

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.

§ 256-29 Ad valorem taxes.

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.

§ 256-30 Method of assessment.

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.

(a) Prepayment of the assessment shall be allowed for the following residential-zoned lots only:

[1] 24 lots- Woodridge Manor (Lots 1, 4-14, 17, 20-24, 31-33, 72-73, 78)

[2] 134 lots- Woodcrest (Lots 24, 27-28, 30-31, 41-49, 52-58, 62-69, 82-83, 105-106, 113-128, 130-162, 164-215)

(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:

[1] Woodridge Manor -- 1.6% of total cost or 0.067% for each lot prepaid

[2] Woodcrest -- 8.93% of the total cost or 0.067% for each lot prepaid

(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.

§ 256-31 Transfer of assets and liabilities to county.

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.