Plans for the development of a subdivision consisting of two
or more building sites, or a commercial or industrial site, which
includes the construction of a central water or sewerage system to
be dedicated to the County shall indicate all proposed water or sewerage
systems. In the case of water systems, this includes facilities such
as mains, service lines, curb stops, fire hydrants, etc. In the case
of sewerage systems, this includes facilities such as trunk sewers,
collector sewer, pumping stations, appurtenances, etc. All proposed
facilities shall conform to standards for water or sewerage facilities
established by the County, and shall be in conformance with the Comprehensive
Water and Sewer Plan.
A.
New residential developments. Individual well and septic systems
are permissible in the R-1 (Residential - Low Density) Zone, within
the area corresponding to the comprehensive plan's development
district. Such systems are permitted providing dry water mains and
dry sewer mains, including all necessary appurtenances constructed
in accordance with this chapter, the approval of groundwater appropriation
permits by the Maryland Department of the Environment, and the approval
of percolation tests by the Charles County Health Department. The
development district is generally identified in the comprehensive
plan as the area to be served by the Mattawoman Sewerage Treatment
Plant. Ultimately, this area will be served by public systems; therefore,
individual well and septic systems in the development district are
considered interim systems. Connection to the public water supply
and sewerage systems is required within one year of the time when
these systems become available. Once connections are made, proper
abandonment of private well and/or septic systems are required. Minor
residential subdivisions and individual residential building permits
are exempted from this policy.
B.
Commercial/industrial and existing residential development. Interim
water supply and sewerage facilities may be allowed, at the discretion
of the County Commissioners, within the development district, subject
to the following conditions:
(1)
The Comprehensive Water and Sewerage Plan maps indicate the location
of the infrastructure which is proposed as the permanent route to
provide service;
(2)
The applicant has consented to participate in the program to implement
the permanent infrastructure solution;
(3)
The applicant, or subsequent property owners, shall enter into an
agreement with the County Commissioners. This agreement shall specify
the timing of construction of permanent infrastructure, financing
programs to be used to implement proposed permanent infrastructure,
as well as other issues, as determined appropriate by the County Commissioners.
This agreement must be executed prior to preliminary subdivision approval;
and
(4)
The applicant is required to discontinue use of such facilities within
one year of the availability of public water supply and sewerage systems.
A.
The developer shall submit to the County the required number of sets
of preliminary plans for the proposed system. Such preliminary plans
shall include sufficient information for the County to determine the
extent and scope of the proposed system and shall include, but not
be limited to, the following information:
(1)
Preliminary plat of the proposed subdivision, including topography
based on a datum acceptable to the County.
(2)
Plans of proposed system, including preliminary street grades.
(3)
Locations of sites for well houses or pumping stations, and locations
of existing structures.
(4)
Such other reasonable data as may be requested by the County.
B.
Upon completion of review by the County, one set of preliminary plans
will be returned to the developer marked "approved" and/or subject
to any conditions which the County may consider in the public interest.
In the event it is determined by the County that the central system
does not have sufficient capacity to serve the proposed subdivision,
commercial or industrial site, the County may require the developer
to construct additional facilities to satisfy the requirements in
accordance with County standards.
A.
Upon receipt of fully approved preliminary plans, the developer shall
have construction plans and specifications prepared in accordance
with this chapter, the Water and Sewer Detail Manual and the Standard
Specifications for Construction Manual.
B.
The required number of copies of the construction drawings and specifications
shall be submitted to the County along with the following:
(1)
Engineer's construction cost estimate.
(2)
A nonrefundable plan review fee and a refundable inspection fee are required based upon the approved engineer's estimated construction costs. (See Appendix D[1]). The inspection fee is only refundable if the project
is voided and construction never commenced. Plan review and inspection
fees, regular and minimums, are required as determined by the fees
and charges schedule.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C.
The County will review and return the plans and specifications to
the developer within a time frame consistent with current County policy.
D.
The developer will correct the drawings and specifications and submit
the required number of copies to the County for final approval and
signature.
E.
The developer shall be required to submit deeds of easements and/or
rights-of-way, as applicable, prior to final approval of plans.
F.
The developer must obtain all necessary federal, state and local
permits for the proposed facility before beginning construction.
A.
The developer shall submit a certificate of substantial completion when the facilities are ready for service in order to schedule an inspection. (See Appendix E[1].)
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
The County will respond within 30 calendar days to schedule the inspection.
C.
The constructed water or sewerage system shall not be placed in service
until a certificate of substantial completion is issued.
D.
Before the certificate of substantial completion is issued, the following
must be provided by the developer to the County:
(1)
All requested information concerning testing and operation of the
system's equipment, as outlined in the Charles County Standard
Specification for Construction Manual.
(2)
In the case of water system construction, a certificate of substantial
completion will not be issued until satisfactory potability tests
have been completed.
E.
The County will begin operation and accept responsibility for the costs of maintenance, and shall be entitled to collect all fees of any nature for the operation of the system. (See Appendix E[2].)
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
Upon completion of the facilities by the developer, including all punch list items, surface course of paving and submission of as-built drawings, a final inspection shall be conducted by the County and the developer. If the results of the final inspection are satisfactory, the County shall issue a certificate of final completion acceptance. (See Appendix F[1].) If the results are not satisfactory, the items at issue
shall be corrected before the County will issue the certificate.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
Before the certificate of final completion acceptance is issued,
the following must be provided by the developer to the County:
(1)
Subdivided property. Sufficient surety, in accordance with Article IV, § 278-35, Protection against defects, of the Subdivision Regulations, to guarantee (see Appendix G[2]) that any defects in the facilities will be corrected
by the applicant.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
C.
Nonsubdivided property. Sufficient surety to guarantee that any defects in the facilities that appear within one year after issuance of the certificate of final completion acceptance shall be corrected by the applicant. This requirement may be satisfied by a retainer held by the County for an amount equivalent to 10% of the bond amount established for the original surety. (See Appendix E[3]).
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
Nonsubdivided property. Prior to issuance of a permit for construction, the developer shall submit to the County a dedication agreement. (See Appendix H[1].)
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C.
The system (including all facilities) shall be dedicated to the County
by a dedication agreement thus conveying to the County title to the
system free and clear of all liens and encumbrances.
The developer, within a fifteen-year period from the date of
dedication of the off-site improvement, shall be entitled to a payment
or credit from the County in an amount up to the approved construction
cost of the off-site or on-site improvement which has capacity available
to serve other off-site County customers. The payment amount due to
the developer can be expressed in a mathematical formula as:
Maximum payment amount = construction cost - cost of improvements
to serve on-site connections only
The resultant amount will then be the "excess capacity cost."
A.
Agreements. All agreements to construct facilities subject to these
regulations and to become beneficiary to this program, shall be codified
within a development agreement between the County and the developer
and may include subsidiary agreements with the Department of Fiscal
and Administrative Services.
B.
Number of connections. The number of connections shall be limited
to the available excess capacity of the off-site improvements over
and above that which is required by the developer who constructed
and dedicated the improvement. The amount of reimbursement shall be
limited to the amount of predetermined and agreed-upon cost of the
excess capacity of the developer constructed improvement.
C.
SEF fee.
(1)
The County customer connecting to an off-site improvement will be
required to pay to the County a system expansion fee (SEF), in addition
to the County's standard connection fee, at the time a utility
permit is issued. No system expansion fee will be charged if the customer
connects more than 15 years after dedication of an off-site improvement.
(2)
The system expansion fee will be assessed to each customer based on the capacity available to serve future development (excess capacity available to County customers) and each County customer's meter size (which quantifies water usage). (Appendix I provides a hypothetical case study which illustrates the mechanics of the proposed program.[1]) The excess capacity cost per gallon is determined by
applying the following formula:
|
Excess Cap
|
=
|
Excess Capacity Cost x Meter Factor
| ||
|---|---|---|---|---|
|
Cost/Gallon
|
Excess Capacity
|
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3)
Under this scenario, the standard residential meter (5/8 inch) and
the standard commercial meters (3/4 inch) are the mathematical constants
of the program with a value of 1.0. Larger meter sizes are mathematical
multipliers and are factored into the equation. This is based on the
fact that, for instance, an eight-inch meter will use approximately
80 times the amount of water than that used by a five-eighths-inch
meter.
(4)
Fees for meters larger than 5/8 inch will be calculated as the fee
for a five-eighths-inch meter times the following factors:
|
Meter Size
(inches)
|
Meter Factor1
|
Average Daily Flow2
(gallons)
| |
|---|---|---|---|
|
5/8
|
1.0
|
300
| |
|
3/4
|
1.0
|
300
| |
|
1
|
2.5
|
750
| |
|
1.5
|
5.0
|
1,500
| |
|
2
|
8.0
|
2,400
| |
|
3
|
16.0
|
4,800
| |
|
4
|
25.0
|
7,500
| |
|
6
|
50.0
|
15,000
| |
|
8
|
80.0
|
24,000
|
|
NOTES:
| ||
|---|---|---|
|
1
|
Proposed water and sewer connection charges for Charles County,
MD. Ernst & Young Report dated February 4, 1992.
| |
|
2
|
Industry standard for various meter sizes as adopted by the
County.
| |
(5)
With excess capacity cost per gallon quantified, the calculation
of the systems expansion fee may proceed. The SEF is a function of
the excess capacity cost per gallon multiplied by the average residential
flow as determined by the County. This may be expressed by the following
formula:
|
SEF = Excess capacity cost/gallon x average residential flow
|
D.
Determination of SEF fee. The actual amount of the systems expansion
fee will be determined at the time that off-site improvements are
approved by the County and will remain in effect for a fifteen-year
period following dedication of said facilities to the County by agreement.
