ARTICLE III Other Sanitary Subdistricts [1]

The Swan Creek Commercial Area of the county is hereby established as a sanitary subdistrict (sewer only), which includes parcels of land as shown on the plat entitled "Exhibit B", which is attached hereto and incorporated by reference herein,[3] and as more particularly described in the following deeds, as recorded in the land records of Harford County, Maryland;

H.D.C. - Book 942, Page 1021, minimum flow units - 15

C.G.H. - Book 1598, Page 733, minimum flow units - 1

(c)

C.G.H. - Book 1330, Page 737, minimum flow units - 21

(d)

C.G.H. - Book 1482, Page 172, minimum flow units - 1

(e)

C.G.H. - Book 1814, Page 184, minimum flow units - 1.5

(f)

C.G.H. - Book 1961, Page 670, minimum flow units - 1.5

(g)

C.G.H. - Book 1409, Page 891, minimum flow units - 1

(h)

C.G.H. - Book 1409, Page 882, minimum flow units - 1

(i)

C.G.H. - Book 1367, Page 226, minimum flow units - 3

(j)

H.D.C. - Book 895, Page 235, minimum flow units - 8

(k)

H.D.C. - Book 969, Page 452, minimum flow units - 14

[3]

Editor's Note: Exhibit B is on file in the County Council office.

The following conditions shall apply to properties within this subdistrict.

Properties must develop on public water.

Properties shall not disconnect from public water once connected.

(c)

Water from permitted wells may be used for non-domestic use, provided that it does not discharge to the public sewer system. Any cross connections between a well and the domestic water supply is prohibited.

(d)

Properties served by permitted wells shall have the number of flow units determined by fixture count as established by the Harford County Water and Sewer Division general rules and regulations. The number of flow units shall equal the number of equivalent units calculated using the fixture count.

(e)

No prepayment of the assessment shall be allowed. The assessment shall be recovered over a 25 year period.

Connection fees, usage fees, and discharge regulations are subject to agreements between the county and the City of Aberdeen where wastewater treatment is provided by the City of Aberdeen.

Additional rules and regulations The Swan Creek Commercial Sanitary Subdistrict shall be governed by the general rules and regulations established by the Department of Public Works Division of Water and Sewers for the operation thereof. If not previously adopted, these rules and regulations shall be adopted immediately, subject to change as may be necessary to properly administer the subdistrict.

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.

Property that is the site of a fire station or substation and is owned by a volunteer fire or ambulance company; and

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.

[2]

Editor's Note: Former Subsection B, which dealt with the Clearview Estates Area, was repealed by Bill No. 95-40.

(Reserved)[4]

[4]

Editor's Note: Former Subsection C, which dealt with the Red Maple Drive Area, was repealed by Bill No. 95-40.

(Reserved)[5]

[5]

Editor's Note: Former Subsection D, which dealt with the Bush Road Area, was repealed by Bill No. 95-40.

The Spring Meadows Area of the county is hereby established as a sanitary subdistrict (sewer only), which includes parcels of land as shown on the plat entitled "Exhibit E," which is attached hereto and incorporated by reference herein,[6] and as more particularly described in the following deeds, as recorded in the land records of Harford County, Maryland:

[Amended by Bill No. 95-65]

C.R.G. Book 575, Page 338.

C.G.H. Book 1882, Page 1064.

C.R.G. Book 706, Page 198.

C.G.H. Book 1603, Page 382.

H.D.C. Book 1133, Page 125.

G.R.G. Book 825, Page 510.

(7)

H.D.C. Book 878, Page 697.

(8)

H.D.C. Book 1046, Page 622.

(9)

C.G.H. Book 1309, Page 309.

(10)

H.D.C. Book 938, Page 322.

(11)

C.G.H. Book 1394, Page 479.

(12)

H.D.C. Book 1026, Page 592.

(13)

H.D.C. Book 1212, Page 514.

(14)

H.D.C. Book 1080, Page 281.

(15)

H.D.C. Book 1023, Page 448.

(16)

H.D.C. Book 1022, Page 353.

(17)

H.D.C. Book 1004, Page 447.

(18)

C.G.H. Book 1571, Page 739.

(19)

C.G.H. Book 1738, Page 415.

(20)

H.D.C. Book 1099, Page 726.

(21)

H.D.C. Book 917, Page 1065.

(22)

H.D.C. Book 1021, Page 713.

(23)

H.D.C. Book 1055, Page 94.

(24)

C.G.H. Book 1512, Page 474.

(25)

C.G.H. Book 1295, Page 112.

(26)

C.G.H. Book 1350, Page 773.

(27)

H.D.C. Book 922, Page 311.

(28)

C.G.H. Book 1300, Page 611.

(29)

H.D.C. Book 952, Page 926.

(30)

H.D.C. Book 1063, Page 563.

(31)

H.D.C. Book 1203, Page 9.

(32)

H.D.C. Book 981, Page 797.

(33)

H.D.C. Book 938, Page 505.

(34)

C.G.H. Book 1363, Page 348.

(35)

G.R.G. Book 858, Page 72.

(36)

H.D.C. Book 1154, Page 274.

(37)

H.D.C. Book 968, Page 704.

(38)

C.G.H. Book 1292, Page 465.

(39)

C.G.H. Book 1340, Page 72.

(40)

H.D.C. Book 1019, Page 32.

(41)

H.D.C. Book 1049, Page 341.

(42)

H.D.C. Book 1056, Page 252.

(43)

H.D.C. Book 928, Page 736.

(44)

C.G.H. Book 1550, Page 982.

(45)

C.G.H. Book 1582, Page 415.

(46)

G.R.G. Book 733, Page 145.

(47)

H.D.C. Book 1281, Page 490.

(48)

G.R.G. Book 717, Page 450.

(49)

C.G.H. Book 1929, Page 510.

(50)

C.G.H. Book 1783, Page 27.

(51)

C.G.H. Book 1353, Page 654.

(52)

H.D.C. Book 1049, Page 51.

(53)

H.D.C. Book 1039, Page 474.

(54)

C.G.H. Book 1318, Page 168.

(55)

C.G.H. Book 1495, Page 24.

(56)

H.D.C. Book 1250, Page 691.

(57)

C.G.H. Book 1451, Page 33.

(58)

C.G.H. Book 1382, Page 863.

(59)

C.G.H. Book 1368, Page 284.

[6]

Editor's Note: Exhibit E is on file in the County Council office.

(Reserved)[7]

[7]

Editor's Note: Former Subsection F, which dealt with the Dembytown/Hanson Area, was repealed by Bill No. 95-40.

(Reserved)[8]

[8]

Editor's Note: Former Subsection G, which dealt with the Forest Greens Area, was repealed by Bill No. 95-40.

The Swan Creek Area of the county is hereby established as a sanitary subdistrict (sewer only), which includes the parcels of land as shown on the plat entitled "Exhibit H," which is attached hereto and incorporated by reference herein,[9] and more particularly described in the following deeds, as recorded in the land records of Harford County, Maryland:

[Amended by Bill No. 95-35]

D.G.W. Book 201, Page 317.

G.R.G. Book 570, Page 330.

G.C.B. Book 291, Page 130.

H.D.C. Book 1249, Page 987.

G.R.G. Book 304, Page 50.

§ 256-41 Funding; construction and authorization of lines; extensions and connections.

H.D.C. Book 1006, Page 845.

(7)

H.D.C. Book 1090, Page 1099.

(8)

G.R.G. Book 389, Page 149.

(9)

H.D.C. Book 1107, Page 67.

(10)

G.R.G. Book 382, Page 260.

(11)

G.R.G. Book 508, Page 170.

(12)

G.R.G. Book 574, Page 461.

(13)

G.R.G. Book 554, Page 596.

(14)

G.R.G. Book 843, Page 270.

(15)

H.D.C. Book 1253, Page 283.

(16)

G.R.G. Book 797, Page 478.

(17)

H.D.C. Book 1176, Page 452.

(18)

H.D.C. Book 865, Page 219.

(19)

C.G.H. Book 1551, Page 945.

(20)

H.D.C. Book 978, Page 977.

(21)

H.D.C. Book 962, Page 964.

(22)

C.G.H. Book 1294, Page 667.

(23)

H.D.C. Book 887, Page 252.

(24)

C.G.H. Book 1527, Page 402.

(25)

C.G.H. Book 1466, Page 922.

(26)

G.R.G. Book 758, Page 250.

(27)

C.G.H. Book 1294, Page 667.

(28)

G.R.G. Book 807, Page 210.

(29)

H.D.C. Book 912, Page 350

(30)

G.R.G. Book 725, Page 424.

(31)

C.G.H. Book 1302, Page 889.

(32)

G.R.G. Book 594, Page 401.

(33)

G.R.G. Book 747, Page 426.

(34)

G.R.G. Book 359, Page 486.

(35)

C.G.H. Book 1452, Page 702.

(36)

C.G.H. Book 1452, Page 705.

(37)

M.E.W.R. Book 251, Page 76.

(38)

H.D.C. Book 1191, Page 614.

(39)

J.A.R. Book 176, Page 195.

(40)

H.D.C. Book 1101, Page 1052.

(41)

H.D.C. Book 1046, Page 849.

(42)

H.D.C. Book 1252, Page 974.

(43)

G.R.G. Book 733, Page 543.

(44)

G.R.G. Book 520, Page 342.

(45)

H.D.C. Book 1076, Page 303.

(46)

C.G.H. Book 1337, Page 1058.

(47)

H.D.C. Book 1140, Page 800.

(48)

C.G.H. Book 1349, Page 520.

(49)

G.R.G. Book 303, Page 461.

(50)

G.R.G. Book 720, Page 381.

(51)

G.R.G. Book 361, Page 440.

(52)

Church

(53)

C.G.H. Book 1637, Page 32.

(54)

C.G.H. Book 1330, Page 0737.[10]

[10]

Editor's Note: Former Subsection I, Fallston Commercial Corridor, added by Bill No. 91-74, as amended, was repealed by Bill No. 18-001.

[9]

Editor's Note: Exhibit H is on file in the County Council office.

Funding, construction and authorization of water and/or sewer lines, extensions and connections to service new developments and buildings served by the subdistricts shall be as follows:

No building permits for projects which will require water and sewage and no sewer hookup permits, emergency or other type, will be granted if the average daily usage for the previous six months, plus the estimated usage of permits granted but not yet in service, meets the rate capacity of the existing facilities. Estimated usage shall be calculated using a factor of 310 gallons per family per day for residential users on a five-eighths-inch meter. All other types of users shall have their usage estimated using current county standards.

The capacity of the sanitary subdistrict sewerage system shall be as established by the state and county.

§ 256-42 Public works agreements.

A builder or developer requiring new lines, extensions or connections to the sanitary subdistrict facilities will enter into a public works agreement with the county.

The builder or developer will be required to pay the costs of any water or sewer extensions, pumping stations or connections required to service his property.

§ 256-42.1 Additional rules and regulations.

Any such extensions, pumping stations or connections will be considered in accordance with county specifications and under county inspection.

The developer or future property owner of any property connected after January 1, 1990, will be assessed for the acquisition and capital amortization or debt retirement as established in this chapter.

The sanitary subdistricts shall be governed by rules and regulations established by the Department of Public Works for operation thereof. If not previously adopted, these rules and regulations shall be adopted immediately, subject to change as may be necessary to properly administer the subdistricts.

§ 256-42.2 Annual benefit assessment rates.

The Director may recommend to the Council or the Council may establish an annual assessment on all properties in the sanitary subdistricts 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.

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.

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.

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 establishments 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.

Upon the determination by the Council or the Director that an assessment should be levied, they shall notify the Treasurer. The Director shall:

Obtain from the Treasurer final and complete costs of the project and the proper bond variance factors to be applied.

Determine the proper assessment to be levied.

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.

Request the Treasurer to send notices of a public hearing, if a public hearing is required.

Present information at any required public hearing.

§ 256-42.3 Reassessment; supplemental assessments.

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.

It is anticipated that these rates shall be in effect for a period of 20 years. As new persons or properties are provided services, they shall begin paying the established rate that is in effect at the time benefitted by the system and shall not be required to pay longer than others who are receiving service from the subdistricts. The rates shall be reviewed at least biannually but shall not be changed unless there would be a substantial reduction in the annual rate sufficient to warrant the administrative expense for such a reduction. Persons/properties in the sanitary subdistricts may elect to pay the total individual amount in one complete payment. The annual assessment for debt retirement 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 amount is paid in full.

The annual debt retirement assessment bill shall be paid during July of the current year.

Where properties in the sanitary subdistricts 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.

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.

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:

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

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.

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.

§ 256-42.4 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.

§ 256-42.5 Method of assessment.

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.

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 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.

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.

No residential property may be assessed 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.

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.

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.

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.

Where a building receiving services is erected on more than one lot or parcel and only one service connection is provided, it will be assessed as one property.

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.

Equal benefit assessments. An equal benefit assessment may be levied on each of the properties benefitted 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. The assessments shall be in whatever amount is required to pay the total cost of the purchase, project, establishment or construction. The word "property" means all of that land area in common ownership enclosed within the boundaries of contiguous parcels to which one service connection has been provided. Should any property owner divide his property, the same assessment shall be imposed on the new property as on the other properties, except as otherwise provided for above.

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]

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.

Prepayment of this assessment will not be allowed.

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]

Property that is the site of a fire station or substation and is owned by a volunteer fire or ambulance company;

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