Town of Hampstead, MD Main Extensions

[Amended 5-19-1986 by Ord. No. 205; 6-17-1991 by Ord. No. 224; 6-27-1995 by Ord. No. 271; 7-14-2009 by Ord. No. 466]

Prior to approving a development where the estimated consumption upon completion is equal to or greater than 5,000 gallons per day and/or the size of the site developed is equal to or greater than 10 acres, the Town shall require the developer to furnish a water supply to deliver a water production well or wells that can produce 375 gallons of permitted water capacity per day for each equivalent dwelling unit (EDU). For the purpose of this chapter, an equivalent dwelling unit (EDU) shall represent an annual average demand of 250 gallons of water per day. Conveyance of any well shall include a wellhead buffer area as determined by the Town and any such easements or rights-of-way as may be required for connection of the well to the municipal water system and vehicular ingress and egress to the well. The developer shall drill and test the well(s) under the supervision of the Town or its agent. This testing is to develop data as to the dependable yield and quality of the source. Such testing will be done in compliance with all local, state and federal laws and regulations, including all rules promulgated by the Maryland Department of the Environment for the testing of municipal water production wells. The Town will not accept a well for this requirement that produces less than 40 gallons per minute as certified in a groundwater appropriation permit granted to the Town by the Maryland Department of the Environment. Where possible, any new well or wells shall be located no closer than 1,000 feet from any existing or planned municipal production well. The developer shall provide three-phase electric service to the site with sufficient amperage to supply the well and pumphouse. The Town will not accept a well for this requirement unless the well's quality has been tested by a certified laboratory and no contaminant exceeds current Safe Drinking Water Act maximum contaminant levels for inorganic chemicals, volatile organic compounds and turbidity. The well shall be tested within 180 days prior to preliminary development approval and 180 days prior to final development approval by the Town of Hampstead.

When a well meeting the above requirements cannot be located, the developer may apply to the Town Council for a waiver. If a waiver is approved, the developer shall be assessed a water replacement fee in the amount of $2,250 for each equivalent dwelling unit (EDU); provided, however, that the Town has the needed capacity in the existing water system, as determined by the Town. This fee shall be payable prior to issuance of a building permit.

Before any waiver may be granted, a developer must make a good faith effort to provide a water production well or wells. For the purpose of this section, good faith effort shall include but is not limited to the drilling and testing of exploratory wells in locations determined by the Town.

In residential developments, each single-family dwelling unit shall equal one equivalent dwelling unit (EDU). In multifamily developments, each dwelling unit shall equal .75 of an equivalent dwelling unit (EDU).

In any commercial, industrial or institutional development, the potential consumption shall be determined by a certified engineer selected by the Town. The developer shall be required to pay all costs associated with such determination. The total potential demand shall be estimated and converted into equivalent dwellings units (EDUs) by dividing 250 gallons per day into the total estimated daily usage. Where the Town determines demand cannot be accurately estimated, the water replacement fee shall be based on a formula of three EDUs per gross developed acre for commercial developments and 3.5 EDUs per gross developed acre for industrial developments.

In developments where the projected use is less than 5,000 gallons per day and/or the size of the site developed is less than 10 acres, the developer is not required to furnish a water source; however, the developer shall pay a water replacement fee of $2,250 for each equivalent dwelling unit.