A. 
Article I shall provide the general administration of the water and sewer systems for the Town of Chesapeake City (the "Town").
B. 
The Mayor and Council of the Town of Chesapeake City hereby adopt the Cecil County Standard Specifications and Details for Water Mains and Sanitary Sewers and state regulations as may be amended from time to time.
C. 
For the purpose of this chapter, the word "Town" shall mean the Town of Chesapeake City or its duly authorized officers, agents, representatives or employees.
D. 
For the purposes of this chapter, the word "lien" shall mean a charge placed against real property for the satisfaction of unpaid fees, costs or services provided by the Town of Chesapeake City property.
E. 
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/her 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 Town infraction punishable as hereinafter prescribed.
F. 
Out-of-Town consumers will be regulated by the same terms as in-Town customers.
G. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
A separate, complete housekeeping unit that is substantially contained within the structure of a primary unit, with an outside entrance, intended to be rented separately.
[Amended 5-22-2023 by Ord. No. 2023-003]
APARTMENT UNIT
A multifamily structure containing more than one living unit specifically for the purpose of rent or lease of those units.
COMMERCIAL UNIT (IN-TOWN)
(1) 
NON-WATER-DEPENDANTA building unit used for any business that charges a fee for a service or product that does not depend on water other than sanitary facilities for the inhabitants. Offices and retail businesses shall be in this category. These properties will use less than 10,000 gallons per quarterly billing period.
(2) 
WATER-DEPENDENTA building unit used for any business that charges a fee for a service or product that depends on water for other than sanitary facilities. Examples of these properties will include but not limited to bed-and-breakfasts, spas, apartment units, restaurants, marinas and day cares. These properties will use more than 10,000 gallons per quarterly billing period.
[Amended 5-22-2023 by Ord. No. 2023-003]
COMMERCIAL UNIT (OUT-OF-TOWN)
Any commercial unit outside of the Town limits or boundaries.
COMMERCIAL (MULTIPURPOSE)
Any commercial property that operates more than one business type on the same property will be charged one base rate for each operation.
EQUIVALENT DWELLING UNIT (EDU)
Estimated average usage per unit is 250 gallons per day. No less than one EDU shall be assigned to any individual residential or commercial space. EDUs are not transferable from one location to another. EDUs shall be determined before the public works agreement (PWA) signing and shall be paid for as described therein. Request for any change shall be provided to the Town by the property owner in writing at the earliest possible time and shall be at the discretion of the Town Council. The change shall be described in an addendum to the PWA and any fees/charges due the Town shall be paid before the certificate of occupancy is issued.
IN-LAW SUITE
A separate living unit with no separate outside entrance which is substantially contained within the structure of a single-family unit. Unit may have a separate kitchen and bath and is limited to one per primary living unit.
MAJOR SUBDIVISION
The creation of more than four parcels from the division of a single parcel of land.
MINOR SUBDIVISION
The creation of four or less parcels from the division of a single parcel of land.
MULTI-DWELLING UNIT
A building with more than one dwelling unit. Apartments shall be in this category.
PROPERTY LINE
For purposes of this chapter, the property line will be assumed to be at the edge of the paved street or inside of the curb regardless of the actual line which often cannot be determined without a survey. The Town will make its best effort to control a leak before making emergency repairs that if later determined to be on private property, the costs will be charged back to the property owner. The ability to shut off a leak with the stopcock designated for a particular property shall be an indication of the responsibility.
RESIDENTIAL DWELLING (IN-TOWN)
A room or group of rooms occupied as living quarters by an individual, a single family, or other discrete group of persons with facilities that are used or intended to be used for living, sleeping, cooking, sanitation, and eating, including a single apartment unit, condominium unit, cooperative unit, townhouse unit, or house.
RESIDENTIAL DWELLING (OUT-OF-TOWN)
A residential dwelling as described above outside of the Town limits or boundaries.
SUPERINTENDENT
A duly authorized representative of the Town, responsible for the operation and maintenance of the Town's water and sewer facilities. In most cases the Superintendent is the Water and Sewer Department head in charge of these affairs.
[Amended 5-22-2023 by Ord. No. 2023-003]
TOWN ADMINISTRATOR
The Mayor and Council shall be the administrators of this chapter.
TOWN INFRACTION
A violation of this chapter and other ordinances with a penalty as regulated from time to time by the Mayor and Council.
H. 
Severability is intended throughout and within the provisions of this chapter. If any section, subsection, sentence, clause, phrase or portion of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this chapter.
The Mayor and Council may, by resolution, adopt regulations, not inconsistent with this chapter, which establish the rates, terms and conditions of sewer and water rents and such regulations.
[Amended 5-22-2023 by Ord. No. 2023-003]
All sewer and water rents shall be charged to and collected from the owners of the property on or into whose premises water or sewer is introduced, and it shall be the duty of the Water/Sewer Clerk, on or before the first day of the billing quarter in each year, to make or cause to be made a correct list of all the names of the property owners chargeable therewith and forthwith to demand, collect and recover from the persons whose names appear on such list, who are the owners of the property chargeable with the rents, the amounts respectively due by each, and if the rent of any person remains unpaid by the 30th day of the billing month in any year, it shall be the duty of the Water/Sewer Clerk to give at least 10 days' notice in writing to the effect that if the rent due by such delinquent renter is not paid at the expiration of the time limit in such notice, the delinquent renter will be deprived of the use of the water, and that legal measures will be instituted to recover the rents.
The Water/Sewer Clerk, at the time of demanding and receiving any sewer and/or water rents, shall deliver to the person paying the same a receipt therefor. Cancelled checks shall serve as written receipts.
A. 
Except as provided herein, the Water/Sewer Clerk shall not accept from any person any partial payment of sewer and/or water rent, but shall collect at one time from such person the entire rents due and payable for the premises.
B. 
The Water/Sewer Clerk, with the approval of the Clerk-Treasurer, may set up a payment schedule for residential customers, upon request of the customer. All payments shall be made on at least a monthly basis, and the schedule shall provide for all rents and any applicable interest or service charges to be paid in full before the end of the quarter for which the next quarterly bill is tendered. Such payment plan may include pre-payments. In the event the customer fails to adhere to the plan, the entire rents and charges due shall be immediately due and payable.
C. 
Interest shall accrue at the rate of 1 1/2% per month on the entire outstanding amount in the event any payment is not made on or before its due date.
A. 
The Water/Sewer Clerk shall furnish to the Superintendent a list of all delinquent renters who have been notified as directed in § 280-3 and who have failed to pay at the time in such notice for sewer and/or water, and the Superintendent, when authorized by the Mayor, shall thereupon shut off the water at the stopcock, and in no case shall the water be turned on until the rents and all assessments, expenses and penalty charges are paid by the delinquent renter. No person shall turn the water on again after the water has been turned off under the direction of the Superintendent, as above stated, without his/her order.
B. 
When water shutoff is directed by the Superintendent, the occupant will be notified by tagging of the residence that the water shall be turned off at a specified time and date for nonpayment of the water and/or sewer rents.
C. 
There shall be a charge of $75 assessed when water service is shut off or turned back on for nonpayment of the sewer and/or water bill prior to water service being restored. Continued nonpayment shall result in a lien being placed on the subject property.
A. 
All rents are billed on or before the first day of the billing quarter in each year and shall be considered in arrears if not paid in full by the 30th of the billing month, and an added 1 1/2% compounded monthly penalty charge shall be instituted on the total amount of the water and/or sewer rents due for each billing quarter. Default on payments for six months (two billing periods) will result in a lien on the property for the balance due including all charges, fees and legal expenses incurred by the Town. Additional charges and fess which are accrued during the default period shall be paid before the service is restored.
(1) 
Residential only. Time payments may be arranged at the discretion of the Town Clerk-Treasurer and Mayor based on the severity of the hardship. Late payments will be charged an additional 1 1/2% per month.
B. 
All persons who have contracted for the use of water and who shall desire to discontinue such use shall give five days' notice of their intentions to the Water/Sewer Clerk in writing, who shall thereupon notify the Superintendent, and it shall be the duty of the Superintendent to forthwith cut off the water from such premises, and no person shall turn on the water leading to the premises or to any other property supplied with water except at the direction of the Superintendent. Water shall not be supplied to such premises again except by the Superintendent who is hereby directed to turn water on again only after the owner shall have made application as herein provided and been granted the right to be supplied with water in the same manner as a new applicant for the use of water, provided that water shall not be furnished to any such property unless all amounts due and owing thereon shall have first been paid to the Clerk-Treasurer.
C. 
Whenever any consumer of water shall report in writing to the Water/Sewer Clerk that he does not have as many units as he is charged for or that some of the units have been disconnected or that the amount charged against him is excessive, the Water/Sewer Clerk shall notify the Superintendent, who shall forthwith make an investigation of the premises and report his/her findings to the Water/Sewer Clerk, and the Water/Sewer Clerk shall make such adjustments in the account of any such consumer as may be necessary to conform to the provisions of this chapter.
D. 
By "adjustments in the account" is meant that the billing shall be corrected and no collection or rebates shall be allowed for underbilling or overbilling at the time of adjustment for more than two billing quarters after written notification is received by the Water/Sewer Clerk of any mistake in underbilling or overbilling.
E. 
Where sewer and/or water is carried or conveyed from one property to another property having no pipe connecting with the sewer and/or water system, each property so supplied shall be charged the prevailing sewer and/or water rates.
F. 
Water shutoff or turn-on.
(1) 
Water shutoff or turn-on will only be done with a work order from the Water/Sewer Clerk unless in case of emergency, such as frozen meters, broken pipes or on weekends or other times when Town Hall is closed.
(2) 
There shall be a charge of $75 per action assessed to the property owner when a request is received from a property owner for water service to be disconnected or restored. If the shutoff is an emergency this fee is waived.
(3) 
There shall be a charge of $500 assessed to any plumber, contractor or any other person who turns water on or shuts water off without prior authorization from the Water/Sewer Clerk. If the shutoff is an emergency this fee is waived.
(4) 
Plumbers, contractors or any other person may shut water off and turn water on in an emergency situation, such as broken pipes, frozen meters or on weekends or other times when Town Hall is closed. The Water/Sewer Clerk shall be notified by the plumber, contractor or other person of the location and time of shutoff or turn-on within two hours during normal working hours or within the next working day on evenings, weekends, and holidays. The penalty charge of $500 shall be assessed for noncompliance with this section.
[Amended 5-22-2023 by Ord. No. 2023-003]
G. 
There shall be a late fee charge as set by the Mayor and Council from time to time assessed to any person who submits a check to the Town of Chesapeake City in payment of his/her water and/or sewer rent in the event that said check is returned by the bank for insufficient funds or if for any other reason the check is not valid.
A. 
Every person who may desire to contract for a supply of water and/or sewer service(s) to an individual unit or a minor subdivision within the Town shall make written application to the Clerk-Treasurer, upon forms prepared by the Town, setting forth a description of the property and the improvements thereon to be supplied with sewer and/or water and the purpose for which the water is to be used, the name and address of the applicant and that applicant will abide by and observe all ordinances, resolutions and regulations passed by Mayor and Council relating to the sewer and/or water systems, the manner and mode of using water and the payment of the price charged for the use of sewer and/or water. Every such applicant shall also state in the application that he is the owner of the premises to be supplied with sewer and/or water, and no water shall be furnished to any applicant other than the owner of the premises. In the event the purpose for which the water is to be used is approved, the Clerk-Treasurer shall issue to such applicant a permit, after payment of all fees, charges and expenses, in duplicate, containing the name of the applicant, a description of the premises and the purpose for which the water is to be used.
B. 
Every person who may desire to contract for a supply of water and/or sewer services to a major subdivision within the Town shall make written application to the Clerk-Treasurer, upon forms prepared by the Town, and comply with all requirements as set forth in the major subdivision regulations of Chesapeake City.
C. 
Any construction, renovation or building modification that creates an area separate from all other areas which includes a bathroom, kitchen and sleeping area and is suitable for one or more persons to live in shall be considered the creation of a living unit and shall be subject to a connection and/or allocation fee. Any construction, renovation, or building modification that results in the elimination of a living unit shall be subject to the forfeiture of the allocation for the eliminated living unit. Prior to the start of construction, the property owner shall fill out the proper application and obtain approval from the Town.
D. 
An existing property with an accessory building that has an unused water/sewer service already connected to it can be reactivated at the request of the owner with the institution of the ready-to-serve or quarterly base rate fee. A change of use approval may be required by the Planning Commission if it applies.
[Amended 5-22-2023 by Ord. No. 2023-003]
E. 
Water and sewer services for any proposed commercial facility shall be approved by the Town Council and a Public Works Agreement must be signed before any construction begins.
F. 
Any discrepancy between what is "commercial (non-water-dependent)" and "commercial (water-dependent)" shall be settled by the Mayor and Council.
A. 
Mayor and Council may by resolution adopt regulations which establish the rates, terms and conditions of water and/or sewer connection fees, and such regulations shall become effective when placed on file in the Town Hall for inspection by the public during all regular business hours, and the Mayor and Council may give such additional notice to the public by newspaper publication or by posting at the Town Hall as the Mayor and Council may consider appropriate. Any fee not clearly defined by resolution shall be reviewed by the Clerk-Treasurer before approval by the Mayor and Council. Connection and allocation fees are not refundable after the review process and/or installation has started.
B. 
For commercial uses, the applicant shall provide such information or data as may be required by the Clerk-Treasurer to determine the amount of water and/or sewer that will be used by said commercial use.
C. 
When a commercial property is occupied, or if the Town determines that a change of use has occurred, the Town shall, based upon water meter readings, review the number of connection units assessed upon initial connection of the use to make certain that the number of connection units actually in use by the customer is the same or less than those originally assessed. If the number of connection units exceeds those originally charged at the time of initial connection of the commercial use, the Town shall assess the appropriate additional connection fee. The additional connection fee shall be based on the fees in effect at the time of the additional assessment.
Each lot or parcel that has water and/or sewer service shall be subject to a quarterly ready-to-serve fee. Such ready-to-serve fee shall be equal to the base or standard rate for water and/or sewer charges established by the Mayor and Council from time to time for the use classification of such lot or parcel. Failure to pay the ready-to-serve fee shall result in a forfeiture of the water and/or sewer hook-up for such lot or parcel. The Mayor and Council for the Town of Chesapeake City may waive, in whole or in part, ready-to-serve charges in the event of hardship or catastrophe.
A. 
Water and/or sewer service shall not be available to any property outside the Town limits without a signed written agreement with the Town. All costs for the construction of and/or attachment to the main shall be paid by the property owner. If the main has to be extended it shall be at the cost of the property owner.
B. 
The above mentioned (Subsection A) contract shall stipulate that the property owner shall pay rent for such out-of-Town service at a rate as prescribed by Town ordinance.
A. 
The developer shall pay for the entire cost of on-site water mains, fire hydrants, water connections, sewers, building connections and all apparatus.
B. 
When off-site water and/or sewer improvements and/or extensions are required, the developer is required to deposit funds with the Town in the amount of the cost of the improvements and/or extensions adequate in capacity to serve the total proposed development of the area.
[Amended 5-22-2023 by Ord. No. 2023-003]
C. 
If oversized improvements and/or extensions are required, the Town may reimburse the developer the difference between the cost of the larger requirement and the size required to serve the development as each new off-site service connection is made on the improvement or extensions.
[Amended 5-22-2023 by Ord. No. 2023-003]
[Amended 5-22-2023 by Ord. No. 2023-003]
No inhabited property for which water and sewer are available shall avoid making or repairing a connection when failure to make a connection will cause this residence to not have a healthy environment. Properties where services have been or can be provided may not use or continue to use substitute measures to avoid making final connections or repairs or to avoid hookup fees. Notwithstanding the above, for any property which is used exclusively for secondary or primary education and which contains fields that are used for student athletic events, an existing well may continue to be used for irrigation, watering, and maintenance of the athletic fields so long as such water used does not enter the wastewater treatment system of the Town. Failed septic systems must be abandoned using Maryland State and county regulations and the property owner must connect to the lines as provided when available within 500 feet. Any property found in this condition shall be reported to the County Board of Health or the State Department of Health as a violation.