Purpose and
intent: This section -
·
Ensures
adequate water and sewer capacity for current and future development through
the responsible allocation, tracking and monitoring of these limited resources;
·
Ensures
compliance with § 9-512 of the Environment Article of the Annotated Code of
Maryland by ensuring that building permits are not issued and plats are not
recorded unless or until the water and sewer system is or will be adequate to
serve the proposed development;
·
Furthers
the purposes and intent of the City’s comprehensive plan and water and sewer
master plan and to ensure orderly development;
·
Promotes
business retention, sound economic growth, to assist in the predictability of
investments in real property; and
·
Promotes
responsible and equitable development strategies.
(1) This Section governs the allocation of water and sewer capacity to all development projects requesting water or sewer from the City.
(2) This Section applies to all development projects within the jurisdictional boundaries of the City and to any development project outside of the jurisdictional boundaries of the City to which water or sewer has been legally provided pursuant to the City Code.
The Committee shall promulgate rules and regulations to implement the provisions of this Section. Before adopting any proposed rule or regulation, the Committee will hold a public hearing thereon. At least seven days prior to said public hearing, the Committee will publish public notice and will make the proposed rule or regulations available to the public on the City’s web site and in the Planning Department. After the public hearing, the Committee may adopt the proposed rule or regulation with or without modification.
(1) Exemptions.
A. A development project that does not require any water or sewer use is exempt from this section and does not require an allocation contract.
B. Projects for which exemptions are granted shall not be, by reason of such exemption, deemed to have any right to receive any other form of development approval, including but not limited to a building permit or grading permit. Such projects shall be subject to the usual and customary development review and permitting process within the City.
(2) Special Allocations.
A. A project that will expand or change the use of an existing, lawfully occupied commercial and industrial buildings and that will result in an increase in water consumption of no more than ten percent (10%) over the established current water consumption, as determined by the Committee, may receive an allocation from the exemptions subcategory of the discretionary allocation. The amount of water and sewer granted to the applicant shall not exceed an increase of 10% over the established current water consumption. The actual water and sewer allocated to the requested use shall be the least necessary to provide adequate water and sewer for the proposed activity.
B. Projects of an emergency nature, required by exigent circumstances and/or gross hardship, may receive an allocation from the exemptions subcategory of the discretionary allocation, upon the following findings by the Committee:
1. that the emergency was not created by the applicant; and
2. that exigent circumstances and/or gross hardship justifies granting the exemption; and
3. that granting the exemption would not be contrary to the purposes and intent of this Section; and
4. that granting the exemption would not be contrary to any federal, state or local laws or regulations.
(3) Applicants receiving a special allocation under this subsection shall be required to sign an allocation contract. Special allocations will be granted only if sufficient water and sewer is available to be allocated from the exemptions subcategory of the discretionary category. If there is no water or sewer available to be allocated, special allocations will not be processed.
(4) Water and sewer contracts required under this subsection must be applied for within ten (10) days of the allocation by the Committee.
(1) All claims of entitlement must be filed
with the Committee by December 1, 2002.
No application filed after such date shall be accepted, nor any allocation
contract granted, unless the requirement of this Section for timely filing is
waived in writing for good cause as determined by the
(2) A development project determined to have a valid claim of entitlement shall not be, by reason of such entitlement, deemed to have any right to receive any form of development approval, building permit, or grading permit. Such project shall be subject to the normal and customary development review and permitting process within the City.
(3) A development project determined to have a valid claim of entitlement will be awarded an allocation from the discretionary category as set forth in subsection (i) below. Priorities for valid claims of entitlement shall be determined based upon the date of City execution of the written document containing the basis for the claim of entitlement.
(1) The City will determine the total amount of available water for allocation purposes as follows:
A. A Maximum Daily Demand Peaking Factor of
1.35 or greater shall be used until the
B. A Maximum Daily Demand Peaking Factor of
1.6 or greater shall be used to determine available water for allocation
purposes, once the
C. Each December, the Director of Public
Works or the director’s designee shall report to the
(2) The City will award allocations in accordance with the following:
A. Residential projects will be allocated 45% of existing Average Daily Demand; and
B. Commercial & Industrial projects will be allocated 30% of existing Average Daily Demand; and
C. The Discretionary Category will be 25% of existing Average Daily Demand.
(3) Every allocation granted under this Section shall be subtracted from the available water supply for the appropriate category. Upon the expiration or revocation of any allocation contract, the water and sewer demand committed with that development project shall be added to the category from which it originated.
(4) Mixed-use projects will receive portions of their allocation from two or more categories, as further described in subsection (h) below.
Allocation for residential development will be determined on an annual basis by the Committee as outlined herein.
A. Single-family, townhouse, or multi-unit style development projects must have an approved preliminary subdivision plat with all conditions met, or, if a preliminary subdivision plat was not approved for the property, a final subdivision plat with all conditions met, and must have applied for placement on the Master List, by December 1 to be eligible to receive a water and sewer allocation in the next calendar year.
B. Multi-family and mixed use development projects, which have not established maximum unit potential by a preliminary subdivision plat with all conditions met, must have an approved Site Plan with all conditions met by December 1, and must have applied for placement on the Master List, to be eligible to receive a water and sewer allocation in the next calendar year.
C. Development projects consisting solely of the conversion of an existing structure to add new units, which projects may not require a site plan or subdivision approval, must apply for placement on the Master List by December 1 to be eligible to receive a water and sewer allocation in the next calendar year.
Ten (10) percent of the residential allocation available for each year will be allocated equally among the affordable housing projects eligible for an allocation as set forth above. Moderate and market rate units may be allocated from the affordable housing allocation. For affordable housing projects to be eligible for an allocation from the affordable housing allocation, the project does not have to meet the December 1 deadline established for other projects. However, an affordable housing project is not eligible to receive allocations from the remaining 90% portion of the residential allocation unless it meets the requirements set forth below for such allocation.
Twenty (20) percent of the residential allocation available for each year will be allocated equally among all of the projects eligible for an allocation as set forth above.
The remaining seventy (70) percent will be allocated on a pro-rata basis based upon the original number of residential dwellings units in the development project as outlined by the most recent approved preliminary subdivision or Site Plan approval with all conditions met, as of December 1 of the preceding calendar year.
Accumulation of water and sewer allocation shall be permitted in order to develop condominium and other multi-family residential projects. Allocation contracts for townhouse or single-family developments that have received relatively small allocations of water in comparison to the size of the project and/or the required infrastructure improvements to build the development may request to accumulate water and sewer capacity and not initiate construction until such time as sufficient water and sewer has been granted to make the project economically viable. In no such case shall this accumulation for single-family and townhouse projects exceed the amount required to construct 50% of the overall units remaining in the project. Allocation contracts issued for multifamily development shall not be subject to revocation or expiration until the applicant has received sufficient water to construct the project.
Infill projects are eligible for allocation from the residential allocation established in subsection (3). If allocation is not available from the residential allocation, the Committee may allocate water and sewer from the discretionary category.
(1) A “maximum potential allocation” shall be established, based on the net acreage, at the preliminary plat stage for all properties under common ownership, whether previously recorded or not prior to the adoption of this Section.
A. Except as otherwise provided in subsection B, the maximum potential allocation shall be calculated as follows:
Table 742-1 Maximum Potential Allocation
|
Net Acreage |
Maximum Potential Allocation |
|
0 – 2 acres |
Based on Flow Factor of proposed use |
|
2.01 – 5.00 acres |
1,800 GPD per acre |
|
5.01 – 20.00 acres |
1,800 GPD per acre for 1st 5 acres, plus 1,350 GPD per acre for land area over 5 acres |
|
More than 20 acres of land |
1,800 GPD per acre for 1st 5 acres, plus 1,350 GPD per acre for 2nd 15 acres, plus 900 GPD for land area over 20 acres |
B. After a development project has received final site plan approval, the Committee may approve a maximum potential allocation exceeding the maximum potential allocation specified in subsection (g)(1)(A) if the applicant demonstrates, and the Committee finds, that:
1. Due to the unusually water-intensive nature of the proposed use, the use cannot feasibly be conducted under the maximum potential allocation provided in subsection (g)(1)(A); and
2. The applicant has made its best efforts to reduce the proposed water and sewer consumption for the property.
3. The increased maximum potential allocation awarded by the Committee will be the minimum reasonably necessary to allow the proposed use to operate.
4. Award of an increased maximum potential allocation by the Committee may not be construed to relieve the developer of any other obligations, or to limit the authority of the City to exercise its authority, under this Sec. 742 or the administrative regulations adopted hereunder, including but not limited to the City's right to recapture any unused allocation.
(2) Allocation to lots within an integrated development projects will be calculated based upon the overall net acreage of the total project. The maximum potential water allocation for the entire integrated development project cannot be exceeded by cumulative final water allocations that occur after the Site Plan approval stage.
(3) If recordation of final plats of an integrated development project takes place prior to submission of a Site Plan, the assignment of a portion of maximum potential allocation shall take place at recordation of the lots.
(4) Unless limited by a restricted allocation at final recordation of the plat as further described in subsection (k) below, a “final allocation” shall be established, based on the net acreage, at the Site Plan review stage based upon the allocation rates set forth in subsection (1) above.
(5) Allocation to lots located within an integrated development project shall be based on the allocation rates set forth in subsection (1) above; provided the cumulative final allocations does not exceed the maximum potential allocation determined for the integrated development project, and that no individual recorded lot is left with less than the minimum allocation to allow development to occur. No lot shall be left with no allocation, unless declared “unbuildable” with appropriate deed restrictions recorded or dedicated to the City or property owners association with the intent of never receiving an allocation.
(6) Eligibility for allocation and priorities for recorded lots or development projects shall be determined by the Committee based upon the following:
Table 742-2 Water and Sewer Allocation Prioritization Tiers
|
Prioritization Tier |
Project Status |
Next Stage of Review Process |
|
1 |
Existing buildings, including shell structures, vacant or partially vacant buildings with insufficient plumbing/water for the use(s) within the building(s), provided the total water demand does not exceed the Final Allocation as defined in Subsection E above |
Apply and Receive Building Permit for Installation of Plumbing Fixtures/Water |
|
2 |
Site Plan (with existing recorded lot) approval, with all conditions met, and off-site public improvements bonded, under construction or completed and engineering improvement plans approved/signed by City Engineer. |
Apply for Building Permit |
|
3 |
Site Plan, with all conditions met, and Final Plat, consistent with the Site Plan and with all conditions met, with off-site public improvements bonded, under construction, or completed and engineering improvement plans approved/signed by City Engineer. |
Record final plat |
|
4 |
Site Plan, with all conditions met, and Final Plat, consistent with the Site Plan and with all conditions met, without approved improvement plans (on-site or off-site) |
Receive engineering approval of improvement plans |
|
5 |
Proposed projects that do not have Site Plan, with all conditions met. These projects are not eligible for a water allocation. |
Must obtain Site Plan approval with all conditions met before becoming eligible for allocation |
(7) The Committee shall exhaust each tier set forth above prior to allocating water to the next tier.
(8) Project placement in a specific prioritization tier will be made by the Planning Department each year based on the creation of an annual Master List. In the event that allocation is insufficient for all projects within a prioritization tier, allocations shall be equally distributed based on the overall number of projects within that prioritization tier.
(9) Commercial and industrial infill development projects are eligible for water and sewer allocation from the commercial and industrial category established in subsection (g). If allocation is not available from the commercial and industrial category, the Committee may allocate water and sewer from the discretionary category.
(10) Allocations for individual lots within an integrated development project under common ownership or control may be transferred among the individual recorded lots in an integrated development project, provided that no individual recorded lot is left with less than the minimum allocation to allow development to occur (no lot shall be left with no allocation), and provided the cumulative final allocations does not exceed the maximum potential allocation determined for the integrated development project. A note indicating it is an integrated development project and individual allocation for each lot shall be placed on the preliminary plat and recorded plats.
(11) Projects classified as integrated development projects and/or mixed use development projects, which have property in more than one prioritization tier, may transfer water and sewer allocated to property in one tier to property classified in another tier, in accordance with the provisions of subsections (f) and (g), provided that any project that transfers water and sewer from a more preferred tier to a less preferred tier loses its priority, to the extent of the transfer, over projects that subsequently move up into the more preferred tier. Transferred Site Plans shall be voided and shall require all necessary re-approvals.
(12) Seven and a half percent (7-1/2 %) or no more than 30,000 GPD of the allocable commercial and industrial category will be reserved for single buildings using less than 1800 GPD. Projects shall be considered on a first-come-first-serve basis, based on when the Site Plan had all its conditions met. Tier 1 projects are not eligible to receive an allocation from this set aside.
(1) Allocation for mixed use development projects shall be based upon the guidelines set forth in subsection (e) above, for each component respectively, and shall be determined by the Committee at the time of Preliminary Plat or a Site Plan, whichever is applicable as determined by the City at the time of development review.
(2) Allocation for the residential component of the mixed use development project shall be allotted from the residential allocation and shall follow the residential allocation guidelines set forth in subsection (f).
(3) Allocation for the commercial and industrial development component of the mixed use development project shall be allotted from the commercial and industrial allocation and shall follow the commercial and industrial allocation guidelines set forth in subsection (g).
(4) Allocation for the institutional development component of the mixed use development project shall be allotted from the discretionary allocation, pursuant to the guidelines in subsection (i) of this Section.
(5) Allocations awarded to mixed use development projects are not negotiable and shall not be defeated by subsequent conveyances of individual lots or units within the mixed use development project. Mixed use development project allocations are binding upon heirs and assigns.
(6) Revisions to mixed use development projects that increase the water and sewer demand associated with the development project, or change the distribution of land use from the approved plan as outlined in subsection (1) above, shall require review by the Committee. Allocations within a mixed use project may be adjusted proportionally by the Committee provided no overall increase in allocation is required. Proportional adjustments of allocation made by Committee that do not increase allocation to a project shall not affect the priority previously awarded a project. Revisions to mixed use development projects that require an increase in allocation may require a new priority to be determined by the City.
(1) Allocation for discretionary development as outlined in subsection (e) above, shall be made as follows:
Table 742-3 Water and Sewer Allocations for Discretionary Development
|
Category |
Percent of Discretionary Allocation |
|
Claims of Entitlement |
25% |
|
Business Retention and Development |
15% |
|
Government projects |
15% |
|
Exemptions |
15% |
|
Institutional Development projects |
15% |
|
Infill Development projects if allocations are not available under residential or commercial and industrial categories |
15% |
(2) A category of the discretionary category that has exhausted its available allocation projects within that category shall remain in a queue until additional water and sewer becomes available for distribution.
(3) Claims of entitlement. Projects that have been recognized as having claim of entitlement shall receive allocation contracts until all available allocation in the claim of entitlement subcategory has been distributed.
(4) Business Retention and Development. Projects that have requested to be considered business retention and development projects shall be reviewed under criteria set forth in the regulations promulgated by the Committee pursuant to this Section.
A. Allocations from the business retention and development subcategory shall not be made all at once. Allocation shall be equally distributed on a quarterly basis. Unallocated water during one period shall carry over and be distributed to projects during the next quarter of the calendar year.
B. An Allocation contract shall be required for all business retention and development projects, and shall be granted allocation from the business retention and development subcategory of the discretionary category. If no allocation is available in the business retention and development subcategory, then no allocation contracts using this category can be written.
(5) For Infill projects to be eligible, the project must be a lot of record and a Site Plan, if one is required per this Code, must be approved with all conditions met.
(6) The Committee shall allocate on an equal basis all projects certified by the Planning Department during a set period, utilizing the maximum potential allocation standards and the minimum flow factors set forth in the Regulations.
(7) If there is insufficient allocation to satisfy all projects within a subcategory of the discretionary category, allocation contracts shall be prepared for those proportionate amounts. Building permits will not be issued for projects that cannot demonstrate sufficient water and sewer has been allocated for the use to operate without exceeding the water and sewer allocated.
(8) If the Committee observes that one or more of the Categories within the discretionary category are not being used, the Committee will initiate a redistribution to reallocate water and sewer from the subcategories which have unused allocation to those that have demonstrated demand. The redistribution will consist of removing 50% of the unused allocation from the identified subcategory and redistributing equally to those subcategories that have been completely depleted. This assessment will be conducted on a quarterly basis.
(1) Applications for allocation contracts must be made within sixty (60) days of allocation by the Committee. Application fees shall be paid at the time of application. All fees are nonrefundable.
(2) No building permit or Certificate of Occupancy shall be issued unless an allocation contract is in effect or a written exemption to the provisions of this Section has been granted by the Committee or designated staff.
(3) No water and sewer service shall be provided unless an allocation contract or exemption has been approved by the Committee.
(4) Application fees shall be paid at the time of application for an allocation contract. Building Permit applications must be filed, and water tap fees must be paid within eighteen (18) months of the award of allocation from the Committee. All fees are nonrefundable. Expiration and revocation of allocation contract shall occur pursuant to subsection (l) below.
(5) Approval of an allocation contract and payment of all fees shall serve as a reservation of water and sewer in accordance with the terms stated on the contract and as made generally applicable through the provisions of this Section. Upon issuance of the allocation contract, the applicant shall be entitled to receive water and sewer service in the City in accordance with the terms of said contract.
(1) If the Committee does not believe that there is sufficient water and sewer allocation for all proposed uses on a subdivision plat submitted for approval under this Section, then in accordance with provisions of State law governing the approval of subdivision plats, the Committee may condition the approval of the subdivision plat to:
A. Require that building permits not be issued for construction on the platted lots until the allocation is available; and
B. Restrict the issuance of additional building permits until and unless an additional allocation is available for the project.
(2) All restrictions or conditions required by the Committee shall be noted on the approved subdivision plat.
The Committee may revoke all or a portion of an allocation previously granted, as set forth below:
A. The Committee may revoke fifteen percent (15%) of the total allocation if a building permit has not be filed and water taps not purchased within eighteen (18) months of award of an allocation of water by the Committee.
B. The Committee may revoke an allocation contract upon expiration or revocation of a building permit. Building permits are valid for a period of six (6) months. No extensions shall be granted except upon a showing of exigent circumstances or gross hardship.
C. The Committee shall revoke fifteen percent (15%) of the total allocation if less than fifteen (15%) of the total net developable acres of a site has been developed within eighteen (18) months from the date of issuance of the applicable building permit.
D. The Committee shall revoke an allocation contract upon the passage of thirty-six (36) months if less than thirty percent (30%) of the total net acres has been developed.
E. The Committee may revoke a contract for failure to comply with any other condition imposed in the contract or any other condition imposed by the City as a condition of the development project.
Any allocation revoked pursuant to this subsection shall be returned to the allocation category from which it originated.
If despite applicant’s best reasonable efforts to comply with the terms of the allocation contract he is unable to do so such that the allocation may be revoked, the applicant may request an extension of the allocation contract. The approval of any such extension is at the sole discretion of the Committee and may require satisfaction of additional conditions not inconsistent with the original allocation contract or development project approval. The applicant shall have the burden of establishing that the reasons for extension are for acts or circumstances beyond the applicant’s control and which were unforeseeable at the time of the original allocation contract or development project approval. The applicant shall also demonstrate that it acted diligently in response to the acts or circumstances to comply with the terms and conditions of the allocation contract to the extent reasonably practicable.
(1) The Committee may grant a variance to the terms of subsection (k) of this Section for development projects that require more than thirty-six (36) months in which to use 30% of the net acres of the total project. The terms of all variances authorized by the Committee shall be contained in the allocation contract. Variance requests shall be made at the time the allocation is made.
(2) The Committee may grant a variance after making the following specific findings:
A. That by reason of scale, complexity, extraordinary situation or condition peculiar to a specific development project, the strict application of the thirty-six (36) month automatic revocation as provided by for this Section would result in undue hardship upon the owner of the development project; and
B. The variance requested is the minimum amount of time reasonably necessary to overcome the conditions applicable to the development project;
C. That granting the variance will not confer on the development project any special privilege that is denied by this Section to other development projects;
D. That granting the variance is in keeping with the general purpose and intent of this Section and will not result in the hoarding of water and sewer; and
E. That the applicant has not created nor caused to be created the need for the variance.
(3) In granting the variance, the Committee may prescribe specific conditions and safeguards in conformity with this Section. Violation of such conditions and safeguards shall be a violation of the allocation contract and may be grounds for revocation as set forth above.
An applicant may voluntarily relinquish an allocation contract at any time and subsequently submit a new request for allocation hearing, subject to the provisions of this Section. A new fee must be paid at the time of the new application.
The
(1) Any person aggrieved by a final decision
of the Committee may appeal to the
(2) Any person aggrieved by a final decision
of the
The