[Effective 11-4-1991 by Ord. No. 168]
The short title of this article shall be the "Water and Sewer Ordinance."
For the purposes of this article, the following rules of definition and interpretation shall, apply unless expressly stated to the contrary.
A. 
Interpretation.
(1) 
The present tense shall include all other simple and perfect tenses that may grammatically apply.
(2) 
The masculine gender shall include the feminine and the neutral gender.
(3) 
The singular shall include the plural, and the plural shall include the singular.
(4) 
The words "shall" and "will" are always mandatory.
(5) 
Terms not expressly defined herein shall have their commonly accepted meanings.
B. 
The following meanings and definitions shall apply:
ABUTTING PROPERTY
Any property or portion thereof which touches, borders on, or has a boundary which is conterminous with any public way.
AVAILABILITY OF SYSTEM
Water or sewer system lines shall be deemed "available" if they are present and operable in an abutting public way (within 50 feet from the nearest lot line of an affected property).
COMMERCIAL UNIT
A building or portion thereof designed, occupied, or intended to be occupied by an individual business entity or enterprise, except for those units which are specifically defined as industrial.
CONNECTION TO PUBLIC SYSTEM
The joining of a privately owned water or sewer system's lines to the publicly owned water or sewer system lines, and any piping, fixtures or mechanical apparatus necessary to that joining which lie within the boundaries of a public way, as defined herein.
DWELLING UNIT
One or more rooms designed, occupied or intended to be occupied as separate self-contained living quarters for a single-family household unit.
INACTIVE
A unit is considered inactive provided no occupancy or usage occurs for 30 consecutive days or more during a billing period, upon request by the property owner, notified in advance.
INDUSTRIAL UNIT
A single point of water intake or sewer discharge serving a property whose design, use or intended use is industrial as defined in Chapter 245, Zoning.
MIXED USE
Any single building or facility which contains or is intended to contain two or more units of different types or classes defined by this article.
MULTIPLE-UNIT DEVELOPMENT
Any building, group of buildings or facility which is designed to contain, occupied by, or intended to be occupied by two or more units of any one type or class defined by this article (usually residential).
PRIVATE SYSTEM
Any privately owned water or sewer system, including without limitation, septic tanks, cesspools, wells or privies, owned and maintained by the owner or owners of private property for the collection, treatment and disposal of wastes and the furnishing of potable water for that property or adjoining properties under the same ownership.
PUBLIC SYSTEM
The system of pipes, treatment facilities, wells and all appurtenances and apparatus owned and operated, or intended to be owned and operated, by the Town of Federalsburg for the collection, treatment and disposal of wastes and the furnishing of potable water.
PUBLIC WAY
Any property, right-of-way, easement or other right of use or ownership held by the Town of Federalsburg and dedicated or intended to be dedicated for public use for facilities including, without limitation, streets, water, sewer drainage systems. The boundaries of such public ways shall generally be construed as:
(1) 
The lines formed by the juncture of the outside edge of sidewalk and inside edge of curb; or
(2) 
The front lot line of the property or properties abutting such public way; or
(3) 
Other such boundaries as described in the deed, right-of-way or other official land record, where applicable.
A. 
Within six months of the effective date of this article, all units within the Town's corporate limits which are located on properties or portion of properties abutting a public way where water or sewer lines are available, as such term is defined herein, shall be required to connect to that public water or sewer line if not already so connected as of that effective date.
B. 
All such connections must be made under Town permit and to Town specifications which may be set separately from this article, and may be changed from time to time. The Town may require plans, specifications, and any necessary information or engineering opinion in its discretion for the purpose of evaluating the permit application.
C. 
All costs and expenses incidental to the installation of the building water and sewer service shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be caused by the installation of utility service. A licensed plumber shall be used for all installation of water and sewer lines and said lines shall be inspected by a Town representative before any coverage takes place.
D. 
When the property owner or private contractor has completed utility installation, all such installation must be inspected and approved by the Town's authorized representative prior to any backfilling or covering of the fixtures, pipes, lines or other apparatus installed.
E. 
A separate and independent building water service shall be provided for every building, except as hereinafter provided in Subsection F or except where one building stands at the rear of another on an interior lot, and no private water service is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. In the latter case the building service from the front building may be extended to the rear building and the whole considered as one building service and provided that this shall only apply when both buildings have the same ownership.
F. 
The owner of a property housing mobile homes, trailer units, and/or multifamily dwellings presently used for commercial or residential purposes and having domestic water and/or sanitary facilities therein shall have the options of (1) connecting all units or dwelling units to the public water main via a single building water service, (2) connecting all units or building units to the public water main via two or more building water services, or (3) considering each unit or dwelling unit as a separate entity and connecting each unit or dwelling unit to the public water main via a separate and independent building water service. The water rate structure established for use of the Town's public water mains will be such that revenue required from a property owner choosing either option (1) or (2) above will be equal to the revenue secured had each unit or dwelling unit been required to have its own separate and independent building water service. The creation of any new units, or multidwellings shall be required to have a single building water service. Any new unit created will be obligated to pay for meter installation and the motor and individual services shall be installed. Each unit shall be billed on all individual basis. The developer shall pay for the water meter, which shall then become the property of the Town and shall be maintained by the Town of Federalsburg. Multifamily units shall be separately billed on a per-unit basis and all meters must meet Town specifications.
G. 
Upon determination that an existing unit or property is using a private system as defined by § 235-2 of this article, that is injurious, detrimental or dangerous to public health and safety, or to that of the occupants of the unit or property, the Town may require that such system be abandoned, filled, removed or otherwise made safe and connection to the public system be made within a specified time period. That time period will begin on the date of issuance of a written notice to the property owner, and will expire at such time as is specified in that notice.
H. 
The determination of health and safety hazard will be made by the authorized representatives of the Town of Federalsburg and shall be based on the standards set by the State of Maryland, Caroline County, and any other applicable laws, ordinances or regulations related to health standings, and any on-site inspection shall be at the discretion of the Town for the purpose of the protection of the health and safety of the public.
A. 
A system impact fee will be charged for each individual or unit connection to the public system. The amount the fee will be uniform within each class or type of unit, but may be varied between the types or classes or the system impact to be expected for that type of unit. The fee for each type or class of unit will be set by the Mayor and Council by resolution.
B. 
All fees, costs, and/or charges associated with an individual unit or property connection must be paid prior to service connection and start of service unless otherwise deferred by the Mayor and Council.
C. 
No occupancy permit for new construction or conversion will be issued until all fees and costs associated with the property's connections have been paid, and satisfactory evidence of such payment presented to the Town representative responsible for issuing that permit. This restriction shall also apply to any other permits or approvals which come under the Town's direct jurisdiction.
D. 
Fees, costs and charges incurred during the connection of a unit or property shall include, without limitation, connection fee for each system, time and materials associated with the Town-performed installation or extension of the public system, and all permit, application and approval fees payable to the Town of Federalsburg.
A. 
The Town's responsibility for maintenance, repair or replacement of any water or sewer fixture, connection or other apparatus shall be limited to those apparatus which are a part of the public system or are located within the boundaries of a public way, as those are defined by this article.
B. 
The Town shall not be responsible for the installation, maintenance, repair or replacement of any water or sewer line, fixture, connection, or other apparatus that is located on private property, nor will the Town perform any of the aforementioned services at the property owner's or tenant's request, excepting the operation of water meters as addressed under Subsections D, E and F of this section.
C. 
It shall be the responsibility of the Town of Federalsburg to maintain public system lines in the public ways within the corporate limits of the Town of Federalsburg, as the term "public ways" is defined in § 235-2.
D. 
It shall be the responsibility of the Town to verify and replace any water or sewage flow meter found to be faulty or inaccurate whether such meter is located on public or private property when a verification of that meter has been requested by the property owner or tenant.
E. 
In the event that a meter verification is requested by the owner or tenant and the meter in question is found to be operating properly, the water or sewer account for that property shall be charged a fee for the testing and verification performed. Such fee may be set and amended by the Mayor and Council from time to time in the course of setting or amending water and sewer user and/or connection charges.
F. 
There shall be no charge to the property owner or tenant when a meter test, repair or replacement is initiated by the Town or its representatives.
A. 
Residential and commercial properties and units will be billed on a quarterly basis for the amount of water used as determined by the Town's periodic reading of the water meter for each individual property or unit account.
B. 
Industrial properties and units will be billed on a monthly basis for the amount of water used as determined by the Town's periodic reading of the water meter for each individual property or unit account.
C. 
The Mayor and Council shall establish from time to time by resolution the minimum gallons to be charged for each individual residential, commercial, and industrial account and may vary the minimums and charges for each class of account. Such minimum charge to be billed regardless of the lesser amount used as determined by the meter reading. The bill shall also be established for the gallons used in excess of the minimum for each class and account.
D. 
Any mixed use properties shall be billed on the same rate as residential and commercial properties and shall be billed quarterly according to the charges set by resolution by the Mayor and Council.
E. 
Recognizing that shortfall and operational expenses as well as full faith and credit borrowing power are expenses paid by the taxpayers within the incorporated municipality, the rates for out-of-town units or properties will be charged at an increased prorated basis. The out-of-town rate will be established by resolution by the Mayor and Council.
F. 
Accounts determined to be inactive by the Town will be prorated for a billing period charged for that time which they are determined to be active.
A. 
Except where water service in not present, billing for sewer services shall be on the same cycle as the water billing for each unit type, and charges for sewer service shall be stated on the same billing document as the charges for water service.
B. 
The Mayor and Council shall establish rates to be charged for each class and use of property by resolution.
A. 
All charges for water and/or sewer service shall be due and payable 30 days from the date of billing. Any bill which remains unpaid beyond the thirty-day period of time shall be subject to a disconnection which may take place at any time 15 days after the due date for such bill and charge. Disconnection is authorized at any time that there is outstanding and unpaid water or sewer service charge, or an outstanding and unpaid delinquent assessment, and the fifteen-day grace period has expired.
B. 
Delinquent accounts will be assessed a late charge of $5 for each thirty-calendar-day period, or portion thereof, in which the account is delinquent.
C. 
The property owner shall be ultimately responsible for the payment of all bills and charges, and failure to receive a bill or notice from the occupant or tenant of a property is no excuse for not paying all charges, interest and penalty. It is the responsibility of the property owner at all times to maintain knowledge of the billing status. The Mayor and Council is not required to provide any further notices prior to a disconnection.
D. 
A reconnection charge will be assessed on all individual accounts that are disconnected for nonpayment. The charge shall be assessed for each individual account, regardless of the number of properties under the same ownership. The reconnection charges shall be set by the Mayor and Council by resolution.
E. 
All service usage, late charges and disconnection charges must be paid in advance of reconnection to service.
[Amended 6-5-2017 by Ord. No. 2017-08]
A. 
No one shall tamper with, connect, disconnect or reconnect public water or sewer system lines, fixtures or other apparatus to a unit or property without the prior written approval of the Town.
B. 
No one shall turn on or turn off public water or sewer service to a unit or property without the prior written approval of the Town.
C. 
No person shall obstruct a water meter or fail to provide access to a meter by an authorized Town employee for purposes of reading, repairing or replacing the meter. Where the meter is unable to be read or fails to register the total amount of water used, the customer shall pay for such period an estimated amount based upon the average consumption in similar periods.
D. 
Violation of this section shall constitute a municipal infraction, and any person convicted of such by a court of competent jurisdiction shall be subject to the penalties for municipal infractions as set by the Mayor and Council from time to time in Chapter 1, Article I. This remedy shall not be exclusive and any violations of this section may also be charged with any appropriate criminal and civil penalties and laws of the State of Maryland, Caroline County, and any violation may be subject to payment of any fees and costs that might be assessed by the appropriate court.
If any provision of this article is found to be in conflict with the provisions of any other federal, state, county or other law or regulations, the more restrictive provision shall apply.