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Queen Annes County, MD
 
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Minutes (2621)
This Article XII of this Part 2 applies only to County owned and operated water systems within the Prospect Bay Water Subdistrict.
A. 
Division into classes. Properties abutting on a street, road, lane, alley, or right-of-way in which a water distribution line is to be laid in the subdistrict shall be classified, as follows:
(1) 
Agricultural;
(2) 
Small acreage;
(3) 
Industrial or business; and
(4) 
Subdivision property.
B. 
Fixing and levying benefit assessment. The Sanitary Commission shall fix and levy benefit assessments upon all properties in the subdistrict in accordance with the classification or subdivision of a classification.
C. 
Notice.
(1) 
The Sanitary Commission shall notify in writing all owners of the properties of:
(a) 
The class into which their property falls;
(b) 
The charge determined; and
(c) 
A time and place when and where the owner may be heard.
(2) 
The Sanitary Commission 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 vacant or unimproved property, post the notice on the premises.
D. 
Property classified as agricultural.
(1) 
Property classified as agricultural includes only that property classified as follows under the Zoning Ordinance:[1]
(a) 
A-1 Agricultural Districts;
(b) 
A-2 Agricultural-Conservation Districts; and
(c) 
R-1 Estate Districts that are used solely for agricultural purposes, including farming, dairying, pasturing, agriculture, horticulture, floriculture, viticulture, forestry, tree farming, animal husbandry, poultry husbandry, and the necessary accessory uses for packing, treating, or storing produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
[1]
Editor's Note: The Zoning Ordinance was amended 1-6-2004. Said amendment restructured and redesignated the Zoning Districts. See Ch. 18:1, Zoning and Subdivision Regulations.
(2) 
Property classified as agricultural does not include any property classified as follows under the Zoning Ordinance, regardless of whether the property is being used for agricultural purposes:[2]
(a) 
R-2 Suburban Residence Districts;
(b) 
R-3 Urban Residence Districts;
(c) 
R-4 Apartment Districts;
(d) 
R-5 General Residence Districts;
(e) 
B-1 Community Business Districts;
(f) 
B-2 General Business Districts;
(g) 
M-0 Controlled Industrial Districts;
(h) 
M-1 Industrial Park Districts;
(i) 
M-2 General Industrial Districts; or
(j) 
M-3 Maritime Districts.
[2]
Editor's Note: The Zoning Ordinance was amended 1-6-2004. Said amendment restructured and redesignated the Zoning Districts. See Ch. 18:1, Zoning and Subdivision Regulations.
(3) 
Property classified as agricultural does not include any parcel subdivided into lots or parcels of 25 acres (101,172 square meters) or less.
E. 
Property classified as small acreage.
(1) 
Property classified as small acreage includes any single parcel of property consisting of more than 10 acres (40,469 square meters) but not more than 25 acres (101,172 square meters) that:
(a) 
Is classified as follows under the Zoning Ordinance: R-1 Estate District, R-2 Suburban Residence District, R-3 Urban Residence District, A-1 Agricultural District, or A-2 Agricultural-Conservation District;[3] and
[3]
Editor's Note: The Zoning Ordinance was amended 1-6-2004. Said amendment restructured and redesignated the Zoning Districts. See Ch. 18:1, Zoning and Subdivision Regulations.
(b) 
Is either undeveloped or used as a park, country club, golf course, or dwelling unit site.
(2) 
Property classified as small acreage does not include any parcel subdivided into lots or parcels of 10 acres (40,469 square meters) or less.
F. 
Property classified as industrial or business. Property classified as "industrial or business" includes all property classified as follows under the Zoning Ordinance:[4]
(1) 
B-1 Community Business Districts;
(2) 
B-2 General Business;
(3) 
M-0 Controlled Industrial Districts;
(4) 
M-1 Industrial Park Districts;
(5) 
M-2 General Industrial Districts;
(6) 
M-3 Maritime Districts; and
(7) 
Those properties in other zoning districts which, in the determination of the Sanitary Commission, are being used for industrial or business purposes.
[4]
Editor's Note: The Zoning Ordinance was amended 1-6-2004. Said amendment restructured and redesignated the Zoning Districts. See Ch. 18:1, Zoning and Subdivision Regulations.
G. 
Property classified as subdivision property. Property classified as subdivision property includes:
(1) 
All property subdivided into parcels or lots of 10 acres (40,469 square meters) or less; and
(2) 
All property in A-1 Agricultural Districts, A-2 Agricultural-Conservation Districts, R-1 Estate Districts, R-2 Suburban Residence Districts, R-4 Apartment Districts, and R-5 General Residence Districts,[5] not classified as agricultural, small acreage, or industrial or business.
[5]
Editor's Note: The Zoning Ordinance was amended 1-6-2004. Said amendment restructured and redesignated the Zoning Districts. See Ch. 18:1, Zoning and Subdivision Regulations.
A. 
Debt service charge. To pay the principal of and interest on indebtedness incurred by the County to finance the planning, design, and construction of distribution systems, the Sanitary Commission shall assess a debt service charge on each property in the subdistrict abutting upon a street, road, lane, alley, or right-of-way in which a water distribution line has been built, whether improved or unimproved.
B. 
Basis for charge. The debt service charge shall be based on the front footage of the property.
C. 
Minimum footage. The minimum footage to be assessed any single lot or parcel is as follows:
(1) 
For property classified as agricultural: 100 feet (30.5 meters);
(2) 
For property classified as small acreage: 100 feet (30 meters);
(3) 
For property classified as industrial business: 100 feet (30.5 meters); and
(4) 
For property classified as subdivision: 100 feet (30.5 meters).
D. 
Irregularly shaped lots or parcels.
(1) 
In the case of any unsubdivided, irregularly shaped lot or parcel abutting on a road, street, lane, alley, or right-of-way in which there is or is being constructed a water distribution line at any point, the lot or parcel shall be assessed for such front footage as the Director may determine to be reasonable and fair.
(2) 
Any two property lines with a deflection angle of less than 50 degrees shall be considered as a single property line.
(3) 
For circular property lines, assessment may be based upon a chord length.
(4) 
Typically, irregular lots shall be assessed based upon the total front footage divided by the number of property sides fronted.
(5) 
Notwithstanding Subsection D(4) of this section, all properties classified as agricultural, small acreage, and industrial or business and all properties with an acreage in excess of five acres (20,234 square meters) normally will be assessed for the entire front footage.
E. 
Collection of assessments.
(1) 
The first payment shall be collected during the fiscal year in which:
(a) 
Construction of the water system is completed; or
(b) 
The system is purchased or acquired.
(2) 
Bills for such benefit assessments may be sent monthly or quarterly, as the Sanitary Commission may prescribe by resolution.
F. 
Industrial or business and subdivision property classification. All lots and parcels in the industrial or business and subdivision property classification shall be assessed their full front footage even though a water distribution line may not extend along the full length of any boundary.
G. 
Agricultural classification.
(1) 
No land classified as agricultural shall be assessed a front-footage benefit until such time as the water connection is made.
(2) 
For every connection, agricultural land shall become liable to a front-footage benefit assessment for a reasonable footage not exceeding 300 feet (91.4 meters).
A. 
Debt service charge. To pay the principal of and interest on indebtedness incurred by the County to finance the planning, design, and construction of water storage facilities, water treatment facilities, and water supply systems, the Sanitary Commission shall assess a debt service charge on each property in the subdistrict abutting upon a street, road, lane, alley, or right-of-way in which a water distribution line has been built, whether improved or unimproved.
B. 
Basis for charge.
(1) 
The debt service charge shall be based on the Director's measurement or estimate of the volume of the water flow to that property.
(2) 
If and to the extent that the Director determines it to be practicable to do so, flow volume and characteristics shall be monitored.
(3) 
If flow volume and characteristics cannot be monitored, these parameters will be estimated by the Director on the basis of such standard engineering criteria as the Director may employ.
C. 
Minimum debt service charge.
(1) 
The Sanitary Commission shall, by resolution, prescribe a minimum flow volume and flow characteristic debt service charge for each user class.
(2) 
Notwithstanding Subsection C(1) of this section, the Sanitary Commission may not assess land classified as agricultural until the water connection is made.
(3) 
The Sanitary Commission may prescribe that the minimum charge for a property classified as industrial or business and occupied solely by a single dwelling unit shall be the equivalent charge for a single dwelling unit in the subdivision property classification.
D. 
Collection of assessment.
(1) 
The first payment shall be collected during the fiscal year in which:
(a) 
Construction of the water system is completed; or
(b) 
The system is purchased or acquired.
(2) 
Bills for such benefit assessments may be sent monthly or quarterly as the Sanitary Commission may prescribe by resolution.
A. 
Assessment of user charge. To provide funds for operating, maintaining, repairing, and administering a water system and providing funds for an operating/replacement reserve the Sanitary Commission shall assess a user charge on each property in the subdistrict benefited by the system.
B. 
Basis for user charge.
(1) 
The user charge shall be based on the Director's measurement or estimate of the volume and characteristics of water flow to the system from that property.
(2) 
If and to the extent that the Director determines it to be practicable to do so, flow volume and flow characteristics shall be monitored.
(3) 
If flow volume and flow characteristics cannot be monitored, these parameters shall be estimated by the Director on the basis of such standard engineering criteria as the Director may employ.
(4) 
Costs directly associated with monitoring flow volume or flow characteristics of a particular user may be levied as a surcharge against that user.
C. 
Minimum user charge.
(1) 
The Sanitary Commission may, by resolution, prescribe a minimum flow volume and flow characteristics user charge for each user class.
(2) 
Notwithstanding Subsection C(1) of this section, the Sanitary Commission may not assess land classified as agricultural until the water connection is made.
(3) 
The Sanitary Commission may prescribe that the minimum charge for a property classified as industrial or business and occupied solely by a single dwelling unit, shall be the equivalent charge for a single dwelling unit in the subdivision property classification.
D. 
Collection of user charges.
(1) 
The first payment shall be collected during the fiscal year in which:
(a) 
Construction of the water system is completed; or
(b) 
The system is purchased or acquired.
(2) 
Bills for such user charges may be sent monthly or quarterly, as the Sanitary Commission may prescribe by resolution.
A. 
Assessing connection charge. To provide funds for extending, enlarging, expanding, upgrading, and modifying a water system, the Sanitary Commission shall assess a connection charge:
(1) 
On each new connection; or
(2) 
In the case of new subdivisions, on each new lot in the subdistrict.
B. 
Prescribing charge. The Sanitary Commission may prescribe that the connection charge for a property classified as industrial or business and occupied solely by a single dwelling unit shall be the equivalent charge for a single dwelling unit in the subdivision property classification.
C. 
Collection of connection charges. Connection charges shall be collected:
(1) 
For existing lots, at the time of connection; and
(2) 
For new lots, before final approval of a subdivision of property.
D. 
Not exempted from debt service charges; exception.
(1) 
Payment of a connection charge does not exempt a property from the debt service charges prescribed in § 24-74 of this Part 2 for the subdistrict.
(2) 
Notwithstanding Subsection D(1) of this section, if a public works agreement provides other funding arrangements for the construction of new facilities and the expansion and upgrading of existing facilities, the property or properties may be exempted from the normal debt service charges for the subdistrict as provided in the public works agreement.