[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.
[1]
Editor's Note: See also Ch. 47, Building Construction.
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]
(1) 
The Maryland Department of the Environment (MDE) annual average appropriation from the well.
(2) 
The availability of treatment facilities to treat the water from the well.
D. 
Notwithstanding Subsection C above, upon recommendation by the Town Engineer, the Town may accept dedication of a well that produces less than 75,000 GPD after deductions based upon limiting factors if:
[Added 10-2-2023 by Ord. No. 2023-40]
(1) 
The well is one of multiple wells to be simultaneously dedicated to the Town that collectively produce a net yield of at least 150,000 GPD after deduction of limiting factors.
(2) 
The individual well produces at least a net yield of 50,000 GPD after deduction of limiting factors.
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.
G. 
Violation of Subsection D, E or F shall be a municipal infraction and subject to a fine of $500 for each violation.
[Added 1-9-2017 by Ord. No. 2016-26]
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.
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:
ALLOCATION
A reservation for a particular property to draw a prescribed amount of water or sewer from the Town's water and/or sewer system.
ALLOCATION CATEGORIES
Categories of new demand among which allocation of the available capacity yield are to be divided pursuant to § 109-19.4C.
ALLOCATION YEAR
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.
AVAILABLE CAPACITY YIELD
The total water and sewer capacity of the Town available for allocation to new demand pursuant to § 109-19.2 below.
AVAILABLE SEWER CAPACITY YIELD
The total sewer capacity of the Town available for allocation to new demand pursuant to § 109.19.2 below.
AVAILABLE WATER CAPACITY YIELD
The total water capacity of the Town available for allocation to new demand pursuant to § 109.19.2 below.
COMMERCIAL or COMMERCIAL USES or COMMERCIAL ESTABLISHMENTS
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]
EMERGENCY CLAIMS
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.
ENTITLEMENT CLAIMS
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.
EXPANSION OF EXISTING COMMERCIAL OR INDUSTRIAL USE
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]
INDUSTRIAL or INDUSTRIAL USES or INDUSTRIAL ESTABLISHMENTS
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]
INDUSTRIAL NEW DEMAND OUTSIDE OF A PRIORITY AREA
New demand proposed for an industrial use not included in a priority area.
MIXED USE
Buildings or groups of buildings on the same property used for both residential and commercial purposes.
MIXED USE NEW DEMAND OUTSIDE OF A PRIORITY AREA
New demand proposed for a mixed commercial and residential use not included in a priority area.
NEW DEMAND
A. 
Any proposed new commercial, industrial or residential development within the Town;
B. 
Existing or newly annexed property into the Town with existing buildings or structures not currently serviced by Town water or sewer;
C. 
Redevelopment or revitalization; or
D. 
Expansion of existing commercial or industrial use;
and for which, in the case of Subsection A through C above, application has been made for water and/or sewer permit(s).
NON-MIXED USE COMMERCIAL NEW DEMAND OUTSIDE OF A PRIORITY AREA
New demand proposed for a commercial use that is not mixed use and is not included in a priority area.
NON-MIXED USE RESIDENTIAL NEW DEMAND OUTSIDE OF A PRIORITY AREA
New demand proposed for a residential use that is not mixed use and is not included in a priority area.
OFFICE PARK EMPLOYMENT DISTRICT
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]
OFFICE PARK EMPLOYMENT DISTRICT OUTSIDE OF A PRIORITY AREA
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]
PIPELINE DEVELOPMENT
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.
PRIORITY AREAS
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.
PUBLIC FACILITIES
Government projects including schools, parks, recreational facilities, public institutional projects, and public buildings and structures.
REDEVELOPMENT AND REVITALIZATION
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.
RESERVE
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.
RESIDENTIAL or RESIDENTIAL USES or RESIDENTIAL UNITS
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.
SPECIAL PROJECTS
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.
UNDERUTILIZED ALLOCATION CATEGORY
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
(7) 
That none of the circumstances set forth in Subsection N below exist.
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:
(1) 
There being no reduction in the Town's water use appropriates by the Maryland Department of the Environment;
(2) 
There being no moratorium being imposed pursuant to § 109-19.
(3) 
There being no failure in one or more of the Town's water supply wells.
(4) 
The payment of all fees and charges as set forth in this chapter, including those specified in §§ 1-25, 109.19-6 and 109.25.1 of the Town Code.
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.