[Adopted 1-13-1963[1]]
[1]
Editor's Note: The provisions of this article
are derived from Art. 5 of the former codification, adopted 1-13-1963.
[Amended 8-5-2002 by Ord. No. 2002-12]
A.
Water from the system of the Town of Mount Airy may
be used for all residential, business, industrial, agricultural and
public purposes.
B.
The Town's water system is intended to serve locations
within the corporate limits of the Town of Mount Airy. Nothing in
this chapter shall be construed as to require the Town of Mount Airy
to provide water service to a location outside of the corporate limits
of the Town. The Town accordingly reserves the right to refuse any
connection to serve any location outside of the corporate limits of
the Town of Mount Airy, subject to the provisions of state or federal
law.
C.
The Town may not approve any application for service
to a property outside the corporate limits of the Town unless connection
is required by state or federal law, the property to be served has
been approved for annexation into the Town limits, or the property's
existing well has failed and the water and sewer lines are proximate
to the property lines of the property to be served. No connection
shall be provided unless all required connection and other fees are
paid in full, and capacity exists within the system to accommodate
the proposed connection.
D.
The Town reserves the right to impose at any time
such restrictions on the use of water as, in its judgment, may appear
necessary.
A.
All buildings in which people live or congregate,
and in such other buildings as the Building Inspector shall deem necessary,
which are on properties located within the corporate limits of the
Town, shall be provided with adequate water supply and plumbing fixtures
and piping; where the same do not exist, or are not of proper character
or are in a state of disrepair, they shall be provided, altered or
repaired, as the case may be in such manner as shall be required,
and within the time named, by notice served by the Building Inspector
upon the property owner or occupant. No such building shall be hereafter
erected without being provided with adequate water supply and plumbing
arrangements.
B.
The Building Inspector may at any time inspect or
cause to be inspected existing plumbing systems and require such modifications
as may be necessary to put said plumbing in a sanitary condition in
accordance with the ordinances, rules and regulations of the Town.
A.
Whenever the Town shall have extended its water mains so as to be accessible to any property, the property owner shall apply for a water and/or sewer allocation permit pursuant to the Town Code, § 109-19.5, and shall, assuming a water and/or sewer allocation permit is granted, make connection with the Town’s water and/or sewer system in accordance with these regulations, within three years of such extension unless said period is extended by the Town Council. A property owner may apply for and receive an extension of the three-year period by which the property owner is to make connection to the water main for good cause shown, including that the Town’s water supply and/or sewer capacity is limited, the property owner has not been granted a water and/or sewer allocation permit, the property is being serviced by an available, adequate and working water supply well and/or that the connection fees for hook up to the Town’s water supply system would be an undue financial hardship.
[Amended 1-6-2014 by Ord. No. 2013-19]
B.
All water mains and all water building connections
(from the main to the property line) in public ways will be maintained
by the Town so as to give adequate and proper service.
C.
If, due to a change in the use or due to the installation
of additional fixtures, the owner requests a larger water building
connection, the existing connection shall be disconnected and abandoned
at the expense of the owner. The size requested will be checked as
to adequacy by the Building Inspector and the owner will be required
to install the size connection determined by the Town to be adequate
for the changed conditions. Installation and construction of the larger
connection shall be at the expense of the property owner and subject
to the inspection and approval of the work by the Building Inspector
or his authorized representative.
D.
If the Building Inspector finds that an existing water
connection is too small to serve the number of fixtures connected
to it, to such an extent that the existing water meter is being run
constantly in excess of its safe rated capacity, the owner shall be
notified of the situation and will be required to arrange for the
installation of a larger water connection and larger meter adequate
for the service needed. If the owner refuses to correct the situation
after due notice, the Building Inspector shall arrange for the disconnection
and abandonment of the existing water connection and the installation
of a water service and water meter of such suitable size as he shall
determine is necessary; the cost of such disconnection, abandonment
and installation shall be billed to the owner of the premises involved.
A.
Whenever water connection is provided for a property
previously served by a well, the well shall be examined to determine
whether it is polluted or will be a menace to health. Should such
well be found to be polluted or a menace to health, it shall be abandoned
and closed in a manner satisfactory to the Building Inspector.
B.
No well for household use shall be constructed on
a property accessible to a public water main.
C.
No water
supply well may be dedicated to and accepted by the Town unless the
well produces at least a net yield of 75,000 gallons per day (GPD)
after deductions based upon limiting factors including but not limited
to:
[Added 10-2-2023 by Ord. No. 2023-40]
A.
Separate water building connections for each separate
lot or parcel of land, abutting upon a street, alley or right-of-way
in which there is a water main belonging to the Town shall be constructed
by the owner of said lot or parcel of land from such water main to
the building.
B.
Whenever it shall be determined that a water building
connection was constructed in violation of the terms and conditions
upon which a permit therefor was issued, the water connection thereto
may be cut off at the main until the connections have been made to
comply with all of the conditions of said permit or, in the alternative,
the Town may, after notice to the property owner, cause the defect
to be corrected and to charge the expense thereof to said property
owner.
C.
Water connections for properties not abutting directly
on a water main or sewer may be allowed under such conditions and
at such charges as the Town may require.
Temporary water service for building or other
construction work may be furnished as follows: Upon the filing of
proper applications and the payment of suitable deposit, a temporary
water connection may be constructed by the consumer from the main
to his service facilities with an outside meter setting installed
at the property line. When the consumer has finished the connection,
the Town will cause the meter to be read and remove the entire connection
to the property line. The cost of the removal of the connection, plus
the meter service charge, plus the charge for the water used, computed
at the regular consumption rates, will be deducted from the deposit,
and the remainder, if any, returned to the consumer. If the total
charges exceed the deposit, the consumer will be billed for the excess.
A.
Each building on one lot or parcel of land shall be
served by a separate water connection, a building for this purpose
being any structure or part thereof intended for a single occupancy
on the street floor.
B.
In case it is found that more than one building is
being served by the same water building connection in violation of
the above regulation, the Building Inspector shall take action to
correct such violation under the following procedure:
(1)
The owner of the property involved shall be notified
by registered United States Mail that the violation exists and that
the situation must be corrected by a given date.
(2)
If the owner does not comply with the above notice,
the Town shall shut off the water and remove the water meter serving
such property until the situation is corrected to his satisfaction,
at which time water service will be resumed after payment of all costs
to which the Town may be subjected in the above matter.
(3)
If the property owner refuses to comply with the above
order, the Town shall take such further legal action as is provided
by law.
C.
The water pipes for any building, lot, premises or
establishment shall not be laid over or through any other building,
lot, premises or establishment, except in an approved right-of-way
or easement, and no person shall connect or cause to be connected
any building, lot, premises or establishment with the water pipe belonging
to or supplying any other building, lot, premises or establishment.
However, this regulation shall not prevent a dwelling with a private
garage upon the rear of the same lot or parcel of land from being
supplied by the same service pipe; but if the garage is converted
wholly or partially into a dwelling or place of business, a separate
connection shall be installed under such conditions as the Building
Inspector may require.
A.
A structure under single ownership but so divided
as to provide for more than a single occupancy on the street floor
may be permitted a single connection by special permit under such
conditions as the Building Inspector may require.
B.
A group of public, ecclesiastical, educational, charitable,
club, farm or industrial buildings, under one ownership and on a single
tract of ground which may consist of a group of lots or a single parcel,
may be served by one connection under such conditions as the Building
Inspector shall determine. Shopping centers, apartment developments,
tourist camps, motels and similar groups, under one ownership, located
on a single tract of ground as above, may be served by a single connection.
A.
The Town shall furnish with each permit for each water
connection, upon the payment of the fee hereinafter prescribed, a
water meter of a size and type deemed by the Building Inspector to
be suitable for the installation contemplated. The water meter shall
remain under the ownership of and will be maintained by the Town.
To defray the cost of such meter, the supervision of installation
and the maintenance thereof, there shall be charged a fee in such
amount as the Mayor and Council shall by resolution provide.
B.
The Building Inspector shall determine the size and
type of any water meter and the type and location of the settings.
Outside meter setting will be used, except where obstructions or other
considerations require that they be placed inside the building, in
which case they shall be set as the Building Inspector shall require.
When the water meter is set inside the cellar of the building, the
property owner will be held responsible for the protection of the
meter from injury due to freezing. Repairs and replacements of meter
so damaged shall be at the expense of the property owner.
C.
The outside meter housing or the curb box must be
installed so that the top is on the ground surface of the permanent
grade and within the public right-of-way whenever possible. In order
to accomplish this, one of the following methods will be followed:
(1)
Where the curb and sidewalk do not exist, the property
owner shall indicate the final grade of the ground surface at which
an outside meter setting or a curb box is to be placed and the structure
will be set at the grade given when it is installed. The water house
connection shall not be installed until such grade is given. If the
grade or location of the meter setting or the curb box is changed
due to a change in elevation of the ground from that originally indicated,
the property owner shall bear the expense of such change in grade
or location.
(2)
Where the curbs and sidewalks exist, the top of the
center of the meter housing shall be placed at the straight line grade
between the back of the curb and the street edge of the sidewalk.
D.
It shall be unlawful for any person, not specifically
authorized by the Town, to interfere with, remove, replace or tamper
with a meter or a meter seal.
E.
No connection shall be made to any water service pipe
between the water main and the meter, except such bypass as the Town
may install. If such unlawful connection is found, the water house
connection will be cut off at the main until such unlawful connection
is disconnected and abandoned. Any expense to which the Town shall
be subjected, due to the above work, shall be paid for before service
is restored.
F.
If it is found that such unlawful connection has been
made to bypass a detector check in order to illegally obtain unmetered
water, the detector check will be removed and replaced by a suitable
meter. Such removal and replacement shall be paid for before service
is restored.
A.
The Town will maintain all water connections from
the street main to the property line.
B.
All pipes and appurtenances on private property shall
be maintained by and at the expense of the property owner. The Town
may do maintenance or repair work on private property, in which case
the cost, including overhead expense, shall be paid by the property
owner. Likewise, the cost of any work outside of the property line
made necessary by the neglect or through the action of a property
owner or tenant shall be charged to the property owner.
C.
In the event of a complaint regarding a leak on a
water building connection, the Town will at once determine if the
leak is in the public way or at a meter set by the Town inside a building,
in which case the leak will then be repaired. If it is found that
the leak is not the Town's responsibility, the owner will be so notified
and it shall be his responsibility to have the leak repaired at once
by a plumber at the owner's expense.
Where necessary, the Town will repair or renew
from the main to the property line any water connection at no cost
to the property owner.
A.
No person, other than an authorized employee of the
Town, or a member of a fire department acting under orders of his
proper superior in the performance of his duties, may operate a fire
hydrant unless in possession of a permit from the Town to do so.
B.
Fire hydrants may not be used for flushing or for
any other purpose except by special written permission of the Mayor
for the time and at the location specified. If such permission is
granted, the water used shall be charged for at the prevailing water
rates.
[Amended 1-9-2017 by Ord.
No. 2016-26]
It shall be unlawful for any person, firm or
corporation to use, handle, tamper with, obstruct, interfere with,
deface or destroy any of the property of the Town, including pipes,
fittings, fireplugs, pumps, engines, appliances, wires or other fixtures
or equipment owned or used by the Town in the construction and operation
of its water system except under such rules and regulations as the
Town may adopt. Violation of this section shall be a municipal infraction
and subject to a fine of $500 for each violation.
Any employee or agent of the Town shall have
the right of entry, at all reasonable hours, upon any private premises
and into any building within the corporate limits of the Town while
in the pursuit of his official duties, and any restraint or hindrance
offered to such entry by any owner or tenant or agent of said owner
or tenant shall be a misdemeanor punishable as hereinafter prescribed.
The Mayor and Council shall, from time to time,
establish by resolution a water consumption charge and impose such
penalties for delinquent payment of charges as it deems proper.
[Amended 3-5-1990 by Ord. No. 1990-2; 5-7-2012 by Ord. No.
2012-6]
A.
Any consumer of water who shall fail to pay his water
bill within 30 days from date of bill shall be disconnected from the
Town water system.
B.
Whenever an authorized Town employee is on a premises for the purpose of disconnecting service as provided in Subsection A hereof, the service shall be disconnected at that time unless the consumer then pays to such employee the amount of all past due water bills, the interest thereon and a service charge of $40. Such payment must be made in cash or by a certified or bank cashier's check.
The charge to connect with the water main and
bring water to the property line shall be established from time to
time by resolution of the Mayor and Council.
Those who have connected with the Town mains
and wish to disconnect for any valid reason, such as the property
becoming vacant, must notify the Mayor of their intention of so doing
and pay to the Town $2 for disconnecting and another $2 when they
wish to reconnect and also the water rent for the entire month in
which they disconnect and the entire month in which they reconnect.
[Amended 7-7-1986 by Ord. No. 150]
A.
Upon recommendation of the Council member or members
charged with oversight of the operation of the Town's water system,
it shall be lawful for the Mayor to order a moratorium upon the use
of water. In passing such an order, the Mayor shall give due consideration
to such recommendation and shall consider existing and projected usages
of water, storage capacity of the Town's water system, groundwater
conditions, conditions of drought or other conditions which may affect
the adequacy of existing and anticipated storage of water and any
other matters bearing upon the Town's supply of water.
B.
Such order shall be in writing, signed by the Mayor
and filed with the Town Clerk. Such order may restrict hours of water
usage, types of water usage, residential usage, commercial usage or
any combination of such factors and shall remain in effect until modified
or terminated by the Mayor in writing filed with the Town Clerk.
C.
Upon the filing of such an order, the Town Clerk shall
give notice of such fact by posting a copy thereof in a prominent
place in the Town Hall and shall give further notice as may seem expedient
to the Town Clerk, such as the use of flyers, newspaper and radio
announcements.
D.
The Town Council may, at any time, adopt by resolution
rules and regulations with respect to water usage in order to ensure,
as far as possible, an adequate supply of water for residential purposes
without undue interruption or hardship. Such rules and regulations
may include criteria for the imposition of future moratoriums and
the termination thereof, provisions for exemptions from moratorium
orders in cases of hardship or health-related concerns and such other
matters as the Council finds appropriate in allocating a fair distribution
of the water supply in times of drought or emergency.
E.
No order of the Mayor shall conflict with any rules
and regulations as adopted by the Council.
F.
Any person, firm or corporation who knowingly violates
any order of the Mayor issued pursuant to this section shall be guilty
of a municipal infraction and shall be subject to a fine of $50 for
the first offense and $100 for each subsequent offense, and each day
upon which a violation occurs shall be considered a separate offense.
[Amended 8-1-2016 by Ord.
No. 2016-12]
[Added 3-20-1989 by Ord. No. 1989-2; amended 5-1-1989 by Ord. No. 1989-6; 12-3-1990 by Ord. No. 1990-12; 5-4-1998 by Ord. No. 1998-2; 10-7-2013 by Ord. No. 2013-5]
The following terms shall have the meanings set forth below for the purposes of §§ 109-19.2 through 109-19.6 below:
A reservation for a particular property to draw a prescribed
amount of water or sewer from the Town's water and/or sewer system.
Categories of new demand among which allocation of the available capacity yield are to be divided pursuant to § 109-19.4C.
A year in which the Town Engineer makes recommendations to the Town Council as to the available capacity yield to the Town Council and the division of such among allocation categories to the Planning Commission, in which the Town Council determines the available capacity yield and in which the Planning Commission allocates the available capacity yield among allocation categories as set forth in §§ 109-19.2 and 109-19.3 below.
The total water and sewer capacity of the Town available for allocation to new demand pursuant to § 109-19.2 below.
The total sewer capacity of the Town available for allocation
to new demand pursuant to § 109.19.2 below.
The total water capacity of the Town available for allocation
to new demand pursuant to § 109.19.2 below.
Business uses that do not include industrial uses but include,
by way of example, stores, markets, office buildings, restaurants,
shopping centers and theaters except commercial establishments located
within the Office Park Employment District.
[Amended 2-1-2016 by Ord.
No. 2015-22]
Applications for Town water and/or sewer service to replace
a failed well or septic system within Town limits for residential
existing lots of record and shall include allocations for extension
of water or sewer service ordered by the Maryland Department of the
Environment pursuant to the Maryland Code, Environment Article, § 9-222.
Claims of right to water and/or sewer allocation based upon
some legally binding agreement or contract with the Town and/or based
upon a due process or property right.
Increased demand for water and sewer capacity that is anticipated
due to existing industrial or commercial business or Office Park Employment
District growth without redevelopment or revitalization.
[Amended 2-1-2016 by Ord.
No. 2015-22]
Business uses that involve uses of property as set forth in § 112-45B of the Town Code except such uses located within the Office Park Employment District.
[Amended 2-1-2016 by Ord.
No. 2015-22]
New demand proposed for an industrial use not included in
a priority area.
Buildings or groups of buildings on the same property used
for both residential and commercial purposes.
New demand proposed for a mixed commercial and residential
use not included in a priority area.
New demand proposed for a commercial use that is not mixed
use and is not included in a priority area.
New demand proposed for a residential use that is not mixed
use and is not included in a priority area.
Business uses that involve uses of property as set forth in § 112-50.1 of the Town Code and which are zoned within the Town as the Office Park and Employment District.
[Added 2-1-2016 by Ord.
No. 2015-22]
New demand proposed for a business use within the Office
Park Employment District not included in a priority area.
[Added 2-1-2016 by Ord.
No. 2015-22]
Developments that are not vet serviced by Town water or sewer
but for which concept or final site plan approval has been given,
infill development and lots of record.
Those areas within the Town limits designated by the Planning Commission pursuant to § 109-19.4B below to which the Town desires the direct future development.
Government projects including schools, parks, recreational
facilities, public institutional projects, and public buildings and
structures.
Projects within the Town that seek to renovate, restore,
rebuild, or revive an existing building or structure to include substitution
and/or revival of nonconforming uses.
An amount of available capacity yield separately set aside
for the purpose of providing flexibility to the Planning Commission
in approving issuance of water and/or sewer allocation permits. Allocation
from this allocation category may be made to any project or property
as the Town Planning Commission deems necessary or appropriate.
Property and/or buildings used primarily for dwelling and
include single-family detached, single-family semidetached, and single-family
attached residential housing units, townhomes, condominiums and apartments.
Projects that are identified in a Town survey and/or community
needs assessment, hospitals, projects that will serve the public health
or provide a public service.
An allocation category from which no more than 10% of the
available capacity yield has been allocated within the previous 12
months.
[Added 4-6-1989 by Ord. No. 1989-3; amended 10-7-2013 by Ord. No. 2013-5]
A.
The method of calculating the Town's available water capacity yield and available sewer capacity yield shall be established from time to time by resolution of the Town Council upon recommendation of the Town Engineer and the Town's Water and Sewer Commission. This method shall be published on the Town's web page and shall be otherwise available upon request to Town staff. The method of calculating the Town's available capacity yield shall take into consideration and set aside capacity for existing development to which Town water and sewer service is already supplied, pipeline development, water and sewer system capacity including treatment capacity, pumping capacity, storage, distribution system requirements, power supply, maintenance and operations, system losses, limitations placed on the use of new water resources in source agreements, other obligations of or limitations on the Town to supply water and/or sewer capacity by means of annexation agreement or other contract and a safety factor of 12% required by the Town's Adequate Public Facilities Ordinance ("APFO"). § 25-6A.
B.
Beginning on January 15, 2014, and every two years thereafter, the Town Engineer shall, with the approval of the Mayor, issue a report to the Town Council making recommendation as to the Town's available water capacity yield and available sewer capacity yield, expressed in gallons per day (gpd), and setting forth the manner by which the available capacity yield was derived consistent with the method set forth by resolution of the Town Council pursuant to Subsection A above and shall take account of any new water sources or sewer capacity acquired or made available to the Town. Beginning in 2014 and every two years thereafter, the Town Council shall at its regular meeting in February, with due consideration of the Town Engineer's recommendation, determine the available capacity yield by approving or modifying, as the Town Council deems necessary or appropriate, the Town Engineer's recommendation. Upon determination of the available capacity yield by the Town Council, beginning in 2014, and every two years thereafter, on or before the Planning Commission's regular meeting in February, the Town Engineer shall prepare a report making recommendations as to a division of the available capacity yield among the allocation categories set forth in § 109-19.4C below. The Town Council's resolution setting forth the available capacity yield and the Town Engineer's recommendations as to the division among allocation categories shall be transmitted to the Town's Planning Commission on or before its regular meeting in February.
[Added 6-5-1989 by Ord. No. 1989-14; amended 10-7-2013 by Ord. No. 2013-5]
A.
Authorization; form of agreement.
(1)
In consideration of the prepayment of the well exploration and development fee provided for in § 109-25.1, the Mayor is authorized to enter into a written agreement with the developer prepaying the same. Such agreement shall identify:
(a)
The developer.
(b)
The location, size and (if known) the name of
the proposed development.
(c)
The number of equivalent dwelling units proposed
for the development and anticipated water demand.
(d)
Provision for credit under § 109-25.1 of the amount prepaid as and when the development applies for water connections.
(e)
Projects for which the Town proposes to expend
the prepaid fees.
(f)
An allocation or method of sources or increases
in the yield of existing water sources as a result of the utilization
of such prepaid fees.
(g)
A method of refunding amounts of such fees remaining
unexpended or unencumbered after such period of time as the Mayor
determines reasonable.
(h)
Such other items as the Mayor determines to
be in the best interests of the Town.
(2)
Any allocation or method of allocation of water
and/or sewer allocation permits and/or building permits to such a
developer shall take into consideration a safety factor, as determined
by the Mayor, to ensure adequate reserves from new water sources or
increased yields from existing sources to compensate for periods of
drought and margins of error in calculating demands and yields. All
such agreements shall be approved by the Council before becoming effective.
B.
The Town is authorized but not required to enter into
such agreements, and whether or not to do so shall be in the sole
discretion of the Mayor and the Council.
[Added 8-7-1989 by Ord. No. 1989-16; amended 12-3-1990 by Ord. No. 1990-12; 10-7-2013 by Ord. No. 2013-5; 2-1-2016 by Ord. No. 2015-22; 3-7-2016 by Ord. No. 2016-6; 7-10-2023 by Ord. No. 2023-31]
A.
Beginning in 2014 and every two years thereafter, at its regularly scheduled meeting in March, with due notice and after a public hearing, and with due consideration of the Town Engineer's recommendations as set forth in § 109-19.2B above, the Town Planning Commission shall make a recommendation to the Town Council as to allocation of the Town's available water capacity yield and available sewer capacity yield among allocation categories in accordance with this section. The Planning Commission's recommendation shall thereupon be transmitted to the Town Council for consideration at the Town Council's regularly scheduled meeting in April. The Town Council may either approve, disapprove or modify the Planning Commission's recommendation. If the Town Council elects to disapprove the Planning Commission's recommendation without modifying it, the Town Council may provide to the Planning Commission a written statement of reasons for disapproval and request that the Planning Commission reconsider its allocation recommendation.
B.
Beginning in 2014 and every two years thereafter, at its regularly
scheduled meeting in January, with due notice and after a public hearing,
the Planning Commission shall by resolution designate priority areas
within the limits of the Town to which the Town desires to direct
future development.
C.
Allocation of available yield to new demand shall be divided among all or some of the following allocation categories as recommended by the Planning Commission and deemed appropriate and necessary by the Town Council pursuant to Subsection A above:
(1)
Priority areas, not including any zone or special exception
with a residential component.
(2)
Special projects.
(3)
Public facilities.
(4)
Emergency claims.
(5)
Entitlement claims.
(6)
Non-mixed use residential new demand outside of a priority area.
(7)
Non-mixed use commercial new demand outside of a priority area.
(8)
Mixed Use District (MXD) and Mixed Use in the Community Commercial
(CC) Zone (MXU-CC) special exception new demand outside priority areas.
(9)
Industrial new demand outside of a priority area.
(10)
Redevelopment and revitalization.
(11)
Reserve.
(12)
Expansion of existing commercial or industrial use.
(13)
Office Park Employment District outside of a priority area.
D.
Adjustments to allocations among allocation categories between allocation
years. The Town Council, after obtaining the recommendations of the
Planning Commission, Town Engineer and the Town's Water and Sewer
Commission, may by resolution redistribute unallocated available capacity
yield from an underutilized allocation category as the Town Council
deems necessary or appropriate in order to reflect significant changes
in market demand, development activity or inactivity and/or the needs
of the community and Town, but subject to the following restrictions:
(1)
The Town Council may remove only up to 50% of the capacity from
an underutilized allocation category and may distribute it equally
to those categories that have been completely depleted or for which
there is a demonstrated demand for additional capacity; and
(2)
The Town Council may redistribute capacity only once in between
allocation years.
[Added 10-7-2013 by Ord. No. 2013-5]
A.
Applicability. The provisions of this section are effective to property that as of January 1, 2014, has not received concept plan approval pursuant to Chapter 98 and/or has not received approval of water and sewer allocation permits. Water and sewer allocation permits shall be required for new demand except for expansion of existing commercial or industrial use.
[Amended 11-2-2015 by Ord. No. 2015-12]
B.
Water and sewer allocation application. In the case of new demand that proposes new commercial, industrial or residential development within the Town or redevelopment and revitalization, application for water and sewer allocation shall be made at the time of concept site plan, concept subdivision plan, or concept minor subdivision plan submission pursuant to Chapter 98. In the case of new demand that consists of existing or annexed property into the Town with existing buildings or structures not currently serviced by Town water or sewer, application for water and/or sewer allocation may be made at any time. Applications shall be on a form provided, and updated from time to time, by the Town and made available at Town Hall and shall be submitted along with a water allocation permit processing fee of $25.
[Amended 11-2-2015 by Ord. No. 2015-12]
(1)
The Planning Staff of the Town shall keep a chronological master
list of applications for water and/or sewer allocation by date of
submission of application. Where a project is after initial application
phased, the date of the application for water and/or sewer allocation
shall remain the original date of application for the first phase
only, and shall be the date of submission of a phased concept plan
and water and/or sewer allocation application for the remaining phases.
C.
Planning Commission to approve issuance of permits. The Planning
Commission shall be responsible for approving issuance of water and
sewer allocation permits. The Town's planning staff shall be responsible
for issuing permits upon approval of and under the terms set forth
by the Planning Commission and in accordance with this chapter.
[Amended 11-2-2015 by Ord. No. 2015-12]
D.
Review and approval of water and sewer allocation permits. The Planning Commission shall review applications for water and sewer allocation to new demand at the concept site plan, concept subdivision plan or, in the case of a minor subdivision, concept plan submission stage as set forth in Chapter 98 or, in the case of existing or annexed property into the Town with existing buildings or structures not currently serviced by Town water or sewer, at the regularly scheduled or special meeting set by the Planning Commission to take up consideration of the application.
[Amended 11-2-2015 by Ord. No. 2015-12]
E.
Review priority. The Planning Commission shall take up and consider
applications for water and sewer allocation permits within each allocation
category sequentially to each eligible new demand based upon the date
of filing of application for a water and sewer allocation permit.
Where a project is after initial application phased, the date of the
application for water and/or sewer allocation shall remain the original
date of application for the first phase only, and shall be the date
of submission of a phased concept plan and water and/or sewer allocation
application for the remaining phases.
[Amended 11-2-2015 by Ord. No. 2015-12]
F.
Standards for approval of water and sewer allocation permits. In
order to achieve approval and issuance of a water and/or sewer allocation
permit, the owner or developer of the new demand must establish that
water and/or sewer capacity is available and that extension of the
water and/or sewer capacity is feasible and consistent with the Town's
Water and Sewer Master Plan by proving by a preponderance of the evidence:
(1)
That the owner is unable to establish a new water source within
the boundaries of the new development at a location acceptable to
the Town Engineer with a projected yield sufficient for the demands
of the new development plus a safety factor determined by the Town
Engineer;
(2)
That the allocation of water and/or sewer to the new demand is less than or equal to the net available capacity yield applicable to the allocation category from which the allocation is to be made taking into consideration the applications that have received conditional approval and are on the waiting list for the same allocation category as set forth in Subsection I below;
(3)
That the available capacity yield requested in the application
will be sufficient for the proposed use or, in the case of a phased
project, the phase for which application is made;
(4)
That allocation of water and/or sewer is consistent with the allocation methods set forth § 109-19.4 above and pursuant to the then-applicable Planning Commission resolution pursuant thereto;
(5)
That allocation of water and/or sewer capacity will not place
any undue burden upon the Town's water or sewer capacity;
(6)
That the extension of water and/or sewer capacity to the property
is consistent with the Town's Water and Sewer Master Plan; and
G.
Water and sewer allocation permit approval and issuance. If the Planning Commission approves issuance of a water and sewer allocation permit, the applicant shall be offered the allocation approved. Upon acceptance of the allocation approved by the Planning Commission the Town planning staff shall issue the water and sewer allocation permit on a form used by the Town which shall be updated from time to time, subject to the conditions therein and set forth in Subsection N below. In the event that an applicant fails to accept in writing the allocation approved within 31 days of approval, the approval of its issuance shall lapse absent a reasonable extension approved by the Planning Commission. If an approval lapses, and no extension is granted the allocation shall be revoked, recaptured and returned to the allocation category from which it was allocated.
H.
Application denial. Except as set forth in Subsection I below, in the event that an application for water and sewer allocation is not granted by the Planning Commission the applicant will be required to submit a new application and go through the application process outlined herein.
I.
Waiting list. If an application for a water and sewer allocation permit cannot be approved by the Planning Commission for immediate allocation to the new demand solely because the applicant is unable to demonstrate that the proposed allocation of water and/or sewer to the new demand is less than or equal to the net available capacity yield applicable to the allocation category from which the allocation is to be made pursuant to Subsection F(2) above, the application shall be conditionally approved by the Planning Commission pending future allocation of sufficient available capacity yield to support the project and shall be immediately placed on a waiting list to be kept by the Town's planning staff for the allocation category for which application for allocation was made. As additional available capacity yield within an allocation category is made available sufficient to support each new demand on the waiting list, such shall be offered first to each new demand on the waiting list for the allocation category for which additional available capacity yield has been allocated in the order in which each such new demand receives approval pending water and sewer capacity availability and is placed on the waiting list, at which time the applicant first in line on the waiting list for the applicable allocation category shall be offered the allocation without requiring the applicant to submit a new application and go through the application process again. A project on the waiting list that is offered available capacity yield to move forward shall return to the Planning Commission for an adequate public facilities certification review relative to water and sewer capacity only and for issuance of a water and sewer allocation permit. Upon acceptance of the allocation, the Town planning staff shall issue the water and sewer allocation permit on a form used by the Town, which shall be updated from time to time, subject to the conditions therein and set forth in Subsection N below. In the event that an applicant fails to accept in writing the allocation offered within 31 days of the offer, the offer of its issuance shall lapse absent a reasonable extension approved by the Planning Commission. If an approval lapses, and no extension is granted, the allocation shall be revoked and recaptured, and if sufficient to support the next project in line on the waiting list, shall be offered to the next application in line on the waiting list. Applications for allocation shall be entitled to remain on the waiting list for three years, at which time if an allocation has not been made to the new demand, it shall be deleted from the waiting list and must go through the application process to qualify for allocation.
[Amended 11-2-2015 by Ord. No. 2015-12]
J.
Water and sewer allocation permit expiration. In the case of new
proposed commercial, industrial or residential development or redevelopment
and revitalization approved under a site plan, water and/or sewer
allocation permits shall expire if the developer/owner does not apply
for and obtain a building permit within 24 months of issuance. In
the case of existing or annexed property into the Town with existing
buildings or structures not currently serviced by Town water or sewer,
water and/or sewer allocation permits shall expire within 24 months
of issuance. In the case of a new proposed subdivision approved under
a preliminary plan or a new proposed minor subdivision approved under
a final plan, water and/or sewer allocation permits shall expire if
the developer/owner does not apply for and obtain a building permit
within four years of issuance. The period after which a water and/or
sewer allocation permit expires may, however, be extended by an affirmative
vote of a majority of the Planning Commission upon showing good cause
by a preponderance of the evidence. If an extension is granted by
the Planning Commission water and sewer allocation permits shall automatically
expire after six months if a building permit has not been issued,
or after the owner or developer obtains building permits if the building
permits expire or upon the expiration of the site plan, if applicable.
Upon expiration of a water and sewer allocation permit, the developer
or owner must reapply for such and obtain reapproval by the Planning
Commission as per the process set forth herein. Allocations that have
expired shall be returned to the allocation category from which the
allocations were made.
K.
Revocation of water and sewer allocation permits. The Town, upon the affirmative vote of a majority of the members of the Planning Commission, may revoke a water and/or sewer allocation permit, unless the owner or developer can demonstrate good cause by a preponderance of the evidence, if conditions of the water and sewer allocation permit set forth in Subsection N below are not met, or after issuance of a building permit if conditions or milestones contained in the building permit are not met. Upon revocation of a water and sewer permit, the developer or owner must reapply for such and obtain reapproval by the Planning Commission as per the process set forth herein. Allocations that have been revoked shall be returned to the allocation category from which the allocations were made.
L.
Registry. The Town's Planning Department shall keep an up-to-date
registry of water and sewer allocation permits by the date of issuance,
applicant and amount of allocation of water and/or sewer capacity.
M.
Nontransferability. Water and sewer allocation permits are nontransferable
before connection is made to Town water and/or sewer service unless
approved by the Town's Planning Commission and in no case may they
be transferred between properties.
N.
Conditions. Water and sewer allocation permits, and thus the right
to connection to Town water and sewer service, shall be conditioned
upon:
O.
Effect of zoning action. Neither the zoning classification of a property,
the reclassification of zoning designation, the grant of a special
exception nor other zoning action shall be construed to entitle the
owner or developer of property to an allocation of Town water or sewer
service.
[Added 10-7-2013 by Ord. No. 2013-5]
Owners and/or developers of commercial projects, industrial
projects or residential subdivisions of six or more lots for which
the Town Council approves a public works agreement shall pay to the
Town the sum of $1,250 per acre of land, or any fraction thereof,
for the project to be placed in the Town's Water Expansion Fund to
be appropriated by the Town Council from time to time for expansion,
maintenance and/or repairs to the Town's water system.
