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Queen Annes County, MD
 
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Table of Contents
Table of Contents
A. 
In general. To pay the interest and principal of the bonds issued by the County under this Part 1 for the water supply, sewerage, or drainage systems to be constructed, purchased, or established, the County may fix an annual assessment on all properties, improved or unimproved, abutting on a street, road, lane, alley, or right-of-way in which a water main, sewer, or drain has been built.
B. 
Basis for assessment.
(1) 
For each class of property, the benefit shall be based on the number of front feet abutting on the street, lane, road, alley, or right-of-way in which the water pipe or sewer is placed.
(2) 
In the case of an irregularly shaped lot abutting on a road, street, lane, alley, or right-of-way in which there is or is being constructed a water main, sewer, or drainage system at any point, the County shall assess the lot whatever frontage as the County may determine to be reasonable and fair.
(3) 
If the Director of Public Works determines that the estimated volume or characteristics, or both, of the water or wastewater flow would provide a more equitable basis for determining benefit assessments necessary for the purpose of paying the interest on and principal of the bonds issued, the Director may authorize the use of such a basis in full or in part.
(4) 
If the Director determines that the use of a surcharge rate method is desirable to account for unusual situations resulting in increased demands on the water supply, sewerage, or drainage systems, the Director may authorize the use of the surcharge rate method.
(5) 
The Director may authorize any other alternative method of benefit assessment considered appropriate by the Director for the equitable distribution of charges.
A. 
Division into classes. For assessing benefits, the County shall divide all properties in the Sanitary District abutting on a street, road, lane, alley, or right-of-way in which a water pipe or sanitary sewer is to be laid into four classes:
(1) 
Agricultural;
(2) 
Small acreage;
(3) 
Industrial or business; and
(4) 
Subdivision property.
B. 
Subdivision. The County may subdivide each of the classes in whatever manner it may consider to be in the public interest.
C. 
Subdivision property classification.
(1) 
The County may not assess a lot in a subdivision property on more than one side unless the lot:
(a) 
Abuts on two parallel streets; or
(b) 
Is a corner lot.
(2) 
If a lot abuts two parallel streets or is a corner lot, the County may average and assess the lot on frontage as the County considers reasonable and fair.
D. 
Residential and industrial or business classifications. The County shall assess all lots in the residential and industrial or business classifications even though a water main may not extend along the full length of any boundary.
E. 
Agricultural classification.
(1) 
The County may not assess land classified as agricultural with a front-foot benefit when the agricultural land has constructed through it or in front of it a sewer or water main until the water or sewer connection is made.
(2) 
For each connection made, the land is liable to a front-foot assessment for a reasonable frontage not exceeding 300 feet or as may be determined by the County.
(3) 
When a connection is made, the County shall immediately assess the land at the rate of assessment determined by the County for agricultural land.
A. 
In general. Whenever any water supply or sewerage project or part of a project in the Sanitary District is completed, the County shall fix and levy a benefit assessment on all properties in the Sanitary District abutting on the water main or sewer, in accordance with the classification or subdivision of the property.
B. 
Notice.
(1) 
The County shall notify in writing all owners of property of:
(a) 
The class or subdivision into which their properties fall;
(b) 
The charge determined; and
(c) 
A time and place at which the owner will be heard.
(2) 
The County shall:
(a) 
Mail the notice by registered or certified mail, return receipt requested, to the last known address of the owner;
(b) 
Serve the notice in person on any adult occupying the premises; or
(c) 
In the case of a vacant or unimproved property, post the notice on the premises.
C. 
Finality of classification and benefit assessment.
(1) 
The classification of and benefit assessed against any property as made by the County is final, subject only to revision at the hearing.
(2) 
The County may change the classification of property from time to time as the uses of property change.
A. 
Certification. At least 60 days before the beginning of each fiscal year, the County shall certify to the designated County official, in the manner prescribed by the official, the annual benefit assessments to be collected for that year.
B. 
Inclusion in tax bill; remittance to County. The County official shall:
(1) 
Include the assessments certified in the County tax bills for the properties affected; and
(2) 
Remit to the County at regular intervals the proceeds from the collection of the assessments.
C. 
First collection. The first payment shall be collected during the year in which:
(1) 
The construction is completed on the water main, sewerage, or drainage systems; or
(2) 
The systems are purchased or acquired.
D. 
System completed after beginning of fiscal year.
(1) 
If construction of a water supply, sewerage, or drainage system or any part of the system is completed after the beginning of any fiscal year, the properties benefited shall be assessed for the remainder of the year a portion of the annual assessments fixed by the County for the properties.
(2) 
The portion of the annual assessment shall be determined by multiplying the annual assessment for the property by a fraction, the numerator being the number of months in the year in which service is available and the denominator being 12.
(3) 
The partial assessments may be certified to the County official not more than once each quarter and, if certified, shall be billed by the County official at the same time or times as County taxes for less than a full year are billed.
(4) 
If not certified, the partial assessments shall be added to the assessments certified by the County for collection in the ensuing fiscal year.
E. 
Collection of assessments by Department of Public Works.
(1) 
If the County chooses, the Department of Public Works may collect benefit assessments directly rather than certifying them to the County official as provided in this section.
(2) 
The Department of Public Works may send bills for benefit assessments monthly, quarterly, semiannually, or annually to the property owner.
All sums collected by the County for benefits levied against the property for water, sewerage, or drainage construction shall be set aside as a separate fund to be known as the "Front Foot Benefit Assessment Fund."
A. 
In general.
(1) 
Front-foot benefit assessments for water supply and sewerage construction shall be as nearly uniform as is reasonably practical for each class or subclass of property throughout the Sanitary District for any one year.
(2) 
Once levied, a benefit charge may not be increased.
B. 
Acquisition of existing system. Notwithstanding Subsection A of this section, the County may levy a front-foot assessment less than the uniform front-foot assessment levied in the remainder of the Sanitary District if:
(1) 
The County acquires an existing system, other than a municipal system, the construction of which has been added in whole or part to the purchase price of land or lots abutting on the system; and
(2) 
The County has determined this contribution to be a factor in the cost to the County of the system.
C. 
Reduction in assessment.
(1) 
The County may reduce the amount of the assessment per front foot for each class of property for water mains, sewers, and drainage systems if the County considers costs and conditions to justify the reduction.
(2) 
If revenues prove to be insufficient, the County may increase the amount of the assessment back to the original amount.
A. 
Allowed. Subject to Subsection B of this section, the County may allow a connection with a water main or sewer by a property owner:
(1) 
Whose property does not abut on a street, lane, road, alley, or right-of-way in which a water main or sewer is placed; and
(2) 
Who has not previously paid a benefit charge for the construction of the water main or sewer.
B. 
Front-foot assessment. When a connection is made under Subsection A of this section:
(1) 
The County shall classify the property and determine a front-foot charge to be paid by the property owner as though the property owner's property abutted on a street, lane, road, alley or right-of-way in which a water main or sewer is placed; and
(2) 
For all charges, rates, and benefits, the property owner and property stand in every respect in the same position as if the property abutted on the street, lane, road, alley, or right-of-way.
The benefit charge shall be paid annually by all properties covered by this Article IV of this Part 1 for a period of years coextensive with the period of maturity of the bonds out of the proceeds of which the construction was done.