[HISTORY: Adopted by the Town Council of
the Town of Myersville 8-10-1999 (Section 501 of the 1999 Code of
Ordinances). Amendments noted where applicable.]
A.
This chapter is authorized under Articles IX and X
of the Municipal Charter of Myersville, Maryland for the purpose of
carrying out the intent and purpose of those articles.
B.
The Mayor and Council shall have the sole right to
determine what community facilities are interim or permanent; as to
when the community facilities shall be installed, modified, enlarged,
or abandoned; how and by whom the proposed facilities shall be designed,
constructed, leased, owned, operated and financed; and who shall connect
to the community facilities.
C.
The Mayor and Council, at the request of an individual
or commercial enterprise, may provide water or sewer service to part
or all of a subdivision or commercial facility.
D.
The Mayor and Council shall determine the feasibility
of a project, the manner in which service may be obtained, and the
estimated cost of such service.
E.
Funds for the design, installation, etc. of water
and sewer facilities shall be sufficient to cover all costs as determined
by the Mayor and Council.
F.
If a project is to receive private funding, a public
works agreement must be signed with the Mayor and Council before the
project can become part of the Town Capital Improvements Program.
G.
All necessary funds, other than grants and water and
sewer bonds, shall be guaranteed by financial arrangement satisfactory
to the Mayor and Council prior to the initiation of each phase of
a project.
H.
All new acquisitions or subsequently modified water
and sewer facilities owned or operated by the Town of Myersville shall
be reviewed by the Frederick County Division of Public Works.
I.
All new acquisitions or modifications to the Myersville
water and sewer facilities, public or private, will be inspected and
approved by Frederick County Department of Public Works for the Town
of Myersville prior to utilization of the community system(s).
J.
The Town of Myersville may use the Frederick County
Division of Public Works as its agent or representative in the enforcement
of this chapter.
For the purposes of this chapter, the following
words and phrases shall have the following meanings:
A person, persons, partnerships, firms, corporations or cooperative
enterprises, and their successors and assigns in chain of title, making
application to the Town of Myersville for the provision of community
water and/or sewerage system facilities.
That part of the drainage system which extends from the end
of the building drain and conveys its discharge to the Town of Myersville
sewer system.
The pipe from the Town of Myersville owned water main or
other water distribution system of the building served.
The costs for providing a new community system or improvements
to an existing community system.
All land within a service area is classified into one of
four types, namely: agricultural, small acreage, industrial or business
(commercial), and residential These main classifications may be further
subdivided.
A water and/or sewer system intended to serve a "development
area" as defined herein and which is not intended to be constituted
as a part of the Town's existing water and/or sewer system at the
time of its initial construction.
A charge which is established by the Mayor and Council of
Myersville and must be paid by the intended user prior to utilization
of the Town water and sewer system. The funds derived from these charges
may be used for payment of principal and interest on bonds, accumulating
funds for capital improvements, for acquisition of water and sewerage
systems and the operation and maintenance thereof and for the purchase
of equipment and supplies necessary to the operation of the Council;
also known as "tap fee," "hook-up charge" or "ready-to-serve charge."
May include any or all of the following: the cost of constructing
any such system, the cost of improvements, the cost of all lands,
properties, rights, easements, franchises and permits acquired, the
cost of all machinery and equipment, financing charges, bond issue,
expenses, interest on bonds prior to and during initial construction
or during construction of improvements; and for not more than one
year after completion of construction, the cost of engineering and
legal services plans, specifications, surveys, estimates of cost and
of revenue, other expenses necessary or incident to the determining
of the feasibility or productivity of any such improvements or construction,
actual administrative expenses attributable to the particular system
indicated in the application and as may be necessary or incident to
the financing authorized, to the improvement or construction of the
system, and the placing of same in operation. Any obligation or expense
incurred by the Town prior to the issuance of any bonds for engineering
studies, estimates of cost and revenue, and for other technical or
professional service, may be regarded as part of the cost of any such
system.
The Town of Myersville Water and Sewer Department with the
staff assistance and supervision of the Division of Public Works of
Frederick County Government in consonance with memorandums of agreement
between the Board of Frederick County Commissioners and the Mayor
and Council of the Town of Myersville, Maryland.
The area owned or controlled by the applicant in which the
sewer and/or water system is to be installed, and which is the subject
of an application for service.
The area(s) designated in the latest revision of the County
Water and Sewer Plan in which the property is located, which is the
subject of an application for service.
A building or portion thereof occupied or intended to be
occupied exclusively for residential purposes by one family or housekeeping
unit.
This type of inspection will include the following: excavation
of the pipe trench from the system connection itself to the dwelling,
the trench foundation, the proper line and grade, the proper materials
and workmanship, the backfilling and compaction on the trench to its
full height.
This type of inspection will include proper materials and
workmanship, the backfilling and compaction of the trench to a point
two feet above the pipe.
The water or sewer collector or transmission conduit.
Also referred to as an "equivalent unit" or "dwelling unit."
A living unit is assumed to discharge 250 gallons of sewage per day
to the sewerage system.
When used in this chapter, also refers to a parcel or tract
or other similar land area.
The Town of Myersville, Planning and Zoning Commission with
staff assistance as outlined in memoranda of agreements between the
Frederick County Planning and Zoning Commission, Board of Frederick
County Commissioners and the Mayor and Council Town of Myersville,
Maryland.
Pumping units with appurtenances and structures to convey
water or sewage under pressure to transmission or interceptor facilities.
Those costs for a system directly attributable to and directly
related to the volume of water used by or the volume of sewage discharged
by the user. Also known as the "user charge" or "usage charge."
A.
Before the Town will consider the establishment or
extension of a water or wastewater system to a development area, said
area must have the proper classification in the Town Land Use Map,
should be within the corporate limits of the Town or the applicant
should be willing to initiate legal requirements for annexation of
the development area into the corporate limits or negotiate an agreement
that will bear costs of extension of services that are at least comparable
with the investment in the current system by residents whose property
is within the existing Town limits. No action will be initiated by
the Town for extension of services outside of the corporate limits
unless said area has the proper classification in the Frederick County
Water and Sewer Plan.
B.
The Town will not consider an application for water
or sewer service if the application requires service greater than
allowed by zoning then applied to the development area, or which may
exceed the Town's water resource potential.
C.
The applicant shall enter into a public works agreement
with the Town to cover all particulars relevant to the proposed community
water and wastewater facilities.
D.
The applicant shall guarantee payment of all costs that are to be levied against the applicant for provisions of service not covered by § 154-4 in a manner approved by the Mayor and Council of Myersville. Said cost shall include:
(1)
A contingency of 10% of the construction costs as
determined by the contract award to permit minor modifications and
assure completion of the proposed project. Any unused funds shall
be returned to the applicant at the completion of the construction
for the particular project.
(2)
Advance payment of the estimated cost of future abandonment
of any temporary facilities; provided, however, that any funds deposited
for such purpose in excess of the actual cost of said abandonment
shall be refunded to the applicant. Payment will be made only upon
verification and application to the Town by the party entitled thereto.
E.
Off-site and on-site construction of water and/or
sewer facilities.
(1)
Off-site and on-site construction of water and/or
sewer facilities will be:
(a)
Sized to serve the drainage area or system area
in accordance with Town requirements or county requirements or the
Water and Sewer Plan if indicated in the plan; and
(b)
Funded by the applicant to the extent of his
requirements. The cost of oversizing will be borne by the Town, county,
or other users as appropriate.
(2)
Sewage pumping facilities to serve only the applicant's
property are not eligible for recovery.
F.
Off-site construction cost recovery policy for funds
advanced by the applicant. A portion of each connection charge for
each of the applicant's equivalent dwelling units served will be allowed
as a credit toward the recovery by the applicant of the funds which
he advances to the Town or county for off-site lines and/or facilities.
In case of facilities, the credit shall be 85% of the connection charge;
in the case of lines, the credit shall be 40% of the connection charge.
The total of the credits allowed cannot exceed the amount of such
funds advanced by the applicant.
G.
The Town or county shall design or have designed the
community water and or wastewater facilities and shall attempt to
obtain all required approvals, permits, and off-site rights-of-way
and easements.
H.
The Town and county recognize the right of the applicant
to design and construct off-site facilities. Where it is necessary
to procure property or easements which are off-site rather than on
a site controlled by the applicant, the Town or county will aid in
said procurement as permitted by law, and where the same is deemed
for a public rather than a private purpose.
I.
The applicant shall provide to the Town all required
on-site properties and easements before the proposed project is advertised
for construction bids.
J.
The Town and county will administer all contracts
and inspect all construction at the expense of the developer.
K.
All design and construction shall be in accordance
with the latest approved "Frederick County Plans and Specifications"
and "Standard Details" for water and wastewater construction as used
by the Frederick County Division of Public Works.
L.
Design and construction contracts may allow special
provisions which address unique, unusual, or special conditions found
within the area where work is to be performed.
A.
The Town or its agent will supervise the design and
construction of new facilities or extensions, or additions to existing
facilities that are permitted to be designed and constructed by the
applicant.
B.
When the applicant receives authorization from the
Town to design and/or construct facilities for its development area,
the following will apply:
(1)
Applicant-designed facilities shall be designed by
a registered professional engineer of the applicant's choosing and
approved by the Town.
(2)
The applicant shall submit preliminary documents consisting
of plans, specifications, and design calculations to the Town or its
agent for review and approval.
(3)
The Town or its agent shall review the preliminary
documents and notify the applicant in writing of its evaluation of
the proposed project within 45 days of receipt.
(4)
The applicant shall submit completed final plans and
specifications to the Town and county for their approval.
(5)
Prior to the award of a contract for the construction
of the facilities, the developer and the Town will enter into a public
works agreement guaranteeing that all applicable costs will be borne
by the developer.
(6)
The Town will establish a system budget and set service
charges prior to the occupancy of the first structures.
(7)
The applicant must construct all water and sewerage
facilities in accordance with the approved plans, specifications,
and the Frederick County Code. The inspection of all construction
shall be by a representative of the Town and county.
A.
The design and construction overhead fees will be
fixed and collected, and from time to time revised or amended by resolution
of the Town Council. The initial overhead fee must be provided by
the applicant in advance of the notice to proceed with design and/or
construction. A final overhead fee will be based on actual design
and/or construction contract charges. The final overhead fee will
be based on the same rate schedule used to determine the initial overhead
fee. If the final overhead fee exceeds the initial overhead fee paid,
the applicant will provide the county with the additional funds required
prior to approval and acceptance of the facility(ies).
B.
If the final overhead fee is less than the initial
overhead fee paid, the county will forward the excess amount to the
applicant prior to approval and acceptance of the facility(ies). The
overhead fee is intended to cover county charges for review of design,
inspection of construction, administrative, legal, and consultant
services directly related to accomplishing the design and/or construction
of the facilities.
C.
It is the intent of this section that the fee schedule
described herein is to be applied to design and/or construction contracts
whether said contracts are entered into by the applicant or by the
county or Town of Myersville on behalf of the applicant requesting
service. (See Appendix for current fee schedule.[1])
[1]
Editor's Note: The Appendix is included at the end of this chapter.
A.
If the property is to be connected to a Town-owned
water and/or sewer system, the applicant must apply for a connection
permit at the office of the Frederick County Public Works Department
and pay the certificate of use and occupancy fee.
B.
The specifications in the County Plumbing Code shall
be followed for water and sewer line construction from the property
line to the structure.
C.
The applicant must notify the County Engineering Department
when the construction will be started and at what location. The notification
must be received 24 hours prior to the commencement of construction.
D.
Types of inspection.
(1)
The Engineering Department will provide at least modified
full-time inspection on all projects, and it will be the responsibility
of the inspector on the project to approve or disapprove the connection.
(See Appendix D, Fee Schedule.[1])
[1]
Editor's Note: Appendix D is included at the end of this chapter.
(2)
If, at the discretion of the Engineering Department,
it is determined that full-time on-site water and/or sewer inspection
is needed, a modified public works agreement shall be required instead
of the connection fee schedule. Said modified public works agreement
shall be accompanied by a contractor's proposal and the inspection
fee estimated by the construction contract fee schedule, Appendix
D.[2] Final adjustment of the inspection shall be based on the
county inspector's total time plus fringes times the current overhead
factor.
[2]
Editor's Note: Appendix D is included at the end of this chapter.
E.
If approved, the County Engineering Department shall
be responsible for sending a signed copy of the connection permit
to the County Plumbing Department and a signed copy to the County
Water and Sewer Department.
F.
As stated in Subsection A, if the property is to be connected to a Town-owned water and/or sewer system, the certificate of use and occupancy fee will be paid at the time the applicant applies for a connection permit.
G.
The building permit will signify that the certificate
of use and occupancy fee has been paid.
H.
After all the work related to the structure is completed,
the Permits and Inspection Department will forward the applicable
certificate of use and occupancy to the Engineering Department for
final inspection.
I.
The Engineering Department will make a final inspection
of the sewer cleanouts, curbstop boxes or meter vaults, and meters.
J.
If everything is in order, the certificate of use
and occupancy shall be approved by the Engineering Department and
forwarded to the Department of Permits and Inspection.
A.
All properties within the designated service area
of a water or sewer system shall connect to the system and pay such
costs as required by the Town of Myersville Charter or the County
Code and these regulations, except: parcels upon which a residential
structure sits more than 200 feet from a system transmission or distribution
line.
B.
The above exemption is to be applied only to residential
structures issued a building permit before the property was placed
in the area.
C.
When any water or sewer system or part thereof is
declared by the Town to be complete and ready for the delivery of
water or the reception of sewage, every abutting property owner, after
due notice by certified mail, shall make a connection of all spigots,
hydrants, toilets, and waste drains within 120 calendar days from
the date said system is declared ready for service.
D.
When a lot is created within the service area after
a system is declared ready for service, the property owner shall be
responsible for paying all costs of connection to the system, including
the cost of bringing the service to the property line.
E.
When a property has sewer service, the owner or the
lessees of the property may not connect sump pumps, roof leaders,
roof drains or area drains, or any other device that diverts stormwater
into the sewage system. If such connections to the sewer system are
found, they shall be immediately disconnected.
A.
If it is determined to be necessary to have a procedure
where sewer or water connections, because of their scarcity, must
be allocated, it will be accomplished in a manner that provides for
an equitable distribution based upon the Town's growth and fiscal
management policies.
B.
The actual number of connections available and the
manner in which they are divided among the various land uses may vary
between service areas. The allocation requirements for the specified
system will govern where there is conflict with this section.
C.
The total connections available will be reduced by
connection for public service and health hazard areas which will have
priority over all other land use classifications.
[Amended 10-11-2005]
D.
The general policy will be to allocate the remaining
connections based upon the ratio of planned residential land to planned
industrial and commercial land as found in the Town of Myersville
Comprehensive Plan. The areas of each type are converted to equivalent
units and it is the ratio of these that forms the percentage allocations.
Institutional type - uses such as a church are counted as residential
for these purposes. Properties already having structures will be given
preference.
E.
All allocations of connections are to be assigned
to the property and remain the property unless they are placed back
into the allocation pool.
F.
Taps.
(1)
Allocated taps are good for two years. If not used
within two years the Town of Myersville may rescind the allocation.
Fees collected will not be returned if the taps are rescinded.
(2)
The Town of Myersville will notify the holder of record
of the tap 30 days prior to taking the action to rescind the taps.
(3)
The property for which a tap has been allocated will
be assessed the minimum charge beginning one year after receipt of
the tap if a physical connection has not been made to the system.
Once a physical connection has been made, then the property will be
billed in accord with the rate structure applicable to that system.
(4)
Taps rescinded or returned by the holder of record
will be returned to the allocation pool.
G.
Preference on allocations will be given to projects
that have received allocations in previous years and can demonstrate
that the connections are being used in a timely manner.
H.
The Town may enter into multiyear agreements to assure
continuity of a project, but the project will be monitored yearly
to determine if the connections are being used in a timely manner
or at a rate sufficient to justify granting the next year's full allocation.
I.
The cost of connections will be as per the schedule
in the Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A.
The rates for connection to the systems will be fixed
and collected and from time to time revised or amended, by resolution
of the Mayor and Council of Myersville. (See Appendix A for the current
connection charges.[1])
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Connection charges are due and payable prior to the
issuance of a building permit or a plumbing permit if a structure
already exists.
C.
The above charges also apply in the case where a new
system or the extension of an existing system has been declared ready
for service and where adjoining property owners are required to connect.
D.
Where non-Town funds have been made available to pay
for all or part of the capital cost of the system, the Mayor and Council
of Myersville may, by resolution, reduce all or part of the connection
charge.
E.
On any property classified as commercial, the first
residential living unit will be billed for sewer charges at the prevailing
residential rate and any additional living units will be billed at
the prevailing commercial rate.
F.
Commercial, industrial and institutional sewer connection.
(1)
The charge per fixture unit value will be based upon
the fixture unit charge (see Appendix B[2]) and will be required to be paid prior to the issuance
of a building permit.
[2]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
Motel rooms will be charged at the prescribed rate
for each motel room bathroom facility.
(3)
Fire, rescue and ambulance companies as recognized
by the Town and Frederick County shall be charged as stated in Appendix
A.[3]
[3]
Editor's Note: Appendix A is included at the end of this chapter.
G.
All funds received from water and sewer connection
charges shall be deposited into the Myersville Water and Sewer Improvement
Fund, and such charges shall be utilized, if necessary, for debt service
payments for a loan from the Maryland Water Quality Financing Administration,
which loan is intended to finance improvements to the Myersville wastewater
treatment plant and the Myersville water treatment plant.
A.
The rates for the use and service of the system will
be based upon an approved budget adopted by the Mayor and Council
of Myersville after the required budget hearings. (See Appendix F
for specific water and sewer current charges.[1])
[1]
Editor's Note: Appendix F is included at the end of this chapter.
B.
The Mayor and Council may set a base or minimum service
charge applicable to the specific water and sewer system or any combination
of water or sewer systems.
C.
Service charge billing.
(1)
For new construction, the billing of service charges
will begin on the first day of the second month following the date
of approved connection, or on the date of transfer, whichever occurs
first.
(2)
Where a connection to an occupied or previously occupied
structure is made, charges will begin on the first day of the month
following the date of approved connection.
[Amended 3-12-2002 by Ord. No. 2002-5; 6-14-2005]
A.
General. Any person aggrieved by any decision or determination
made under this chapter may appeal such decision or determination,
in writing, to the Mayor and Council. The written appeal shall identify
the decision or determination from which the appeal is made, the date
of the decision or determination, the person, committee or agency
making the decision or determination, the reasons for the alleged
error and the relief requested.
B.
Excessive water bill. The Mayor and Council may grant an adjustment
in the amount of a sewer bill for a residential property if the accompanying
water bill reflects an abnormal and excessive use of water which was
due to failure of or leakage in a water service line. A request for
an adjustment under this subsection shall be made in writing on an
application provided by the Town providing a description of the nature
and cause of the failure or leakage, the type and location of the
service line which failed or leaked, and the method by which the problem
was repaired. The application shall be accompanied by documentation
from a licensed plumbing contractor or other source acceptable to
the Mayor and Council which identifies the location of the failure
or leakage. An adjustment in the amount of the sewer service bill
may be made in the sole discretion of the Mayor and Council; provided,
however, that the adjustment, if granted, shall be permitted only
for the billing cycle in which the water leak was discovered. If the
Mayor and Council authorize an adjustment in the sewer service bill,
the adjusted amount which the customer shall be required to pay shall
be the average of the last four quarterly billing cycles of the sewer
bills for that property prior to the quarter in which the leak was
discovered. No adjustment in the amount of the water bill may be made.
[Amended 4-12-2011 by Ord. No. 2011-01]
A.
No person, organization or agency may withdraw water
from a system without the written permission of the Myersville Mayor
and Council.
B.
Anyone desiring to use water from the Myersville system
will contact the Mayor and Council for permission. A charge will be
made for said withdrawal based upon the amount used.
C.
No person will cut, break, pierce or tap any water
or sewer line or appurtenance thereof without written permission from
the Myersville Water and Sewer Department or Town agent, as appropriate.
