THE
CITY OF
ORDINANCE NO: G-08-3
FOR THE PURPOSE of
amending the Land Management Code (Appendix A of the Frederick City Code, 1966,
as amended) to revise the Discretionary Allocation Guidelines
BY AMENDING Section 742, entitled “Water and Sewer
Allocation.”
WHEREAS,
the
WHEREAS,
the Planning Department identified the need to address deficiencies in the Land
Management Code water allocation process for special allocations, the
establishment of maximum day demand, the
establishment of available allocation capacity, and the determination of
maximum potential allocation for commercial and industrial properties; and
WHEREAS, the Planning Commission reviewed the proposed amendments to the Land Management Code; received public testimony at public hearings on December 10, 2007 and January 14, 2008; revised the draft Code based on public comment; and voted on January 14, 2008 to recommend approval of the amendments; and
WHEREAS, the Board of Aldermen received the recommendation of the City of Frederick Planning Commission and heard public testimony on the proposed amendments to the Land Management Code in public workshop on December 12, 2007, and held a public hearing on February 7, 2008.
SECTION 1. NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF FREDERICK THAT in the Code of the City of Frederick, 1966, as amended, Appendix A, entitled “The Land Management Code”, Article 7, Section 742, entitled “Water and Sewer Allocation,” more particularly subsection (i), entitled “Discretionary Allocation Guidelines,” is hereby amended as follows:
(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
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Category |
Percent of
Discretionary Allocation |
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Claims of Entitlement |
25% |
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Government projects & |
15% |
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Exemptions/Special Allocations |
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Business Retention and Development, |
60% |
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Institutional Development projects & |
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Infill Development projects, if allocations are not
available under residential or commercial and industrial categories |
(2) A project within 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 allocations [contracts] until
all available allocation in the claim of entitlement subcategory has been
distributed or until every claim of entitlement has received its entire
allocation, whichever comes first.
(4) Business Retention and Development. Projects that have requested to be considered
business retention and development projects will [shall] be
reviewed under criteria set forth in the [r]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]A.
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] or a Site Plan, if one is
required per this Code, must be approved with all conditions met.
(6) The Committee shall grant allocations
to each project certified by the Department of Public Works within each
subcategory of the discretionary allocation during a period of time set forth
in the Regulations. Each project will
receive an equal allocation, except that no project may receive more than its
maximum potential allocation. [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 available
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 using more than [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.
(9) Small Volume Discretionary Projects. On an annual basis, 10,000 GPD of the
allocable Business Retention and Development/ Institutional/ Infill subcategory
of the Discretionary Allocation will be reserved for projects proposing to use
no more than 1,000 gpd. The amount of
the allocation to each project will be determined based upon the maximum
potential allocation standards, the approved final site plan, and the flow
factors set forth in the Regulations.
Small Volume Discretionary Projects shall be considered on a
first-come-first-serve basis, based on when the Site Plan had all its
conditions met or submission of a building permit.
Section 2. BE IT FURTHER ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN THAT in the event any provision, section, sentence, clause or part of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence clause or part of this Ordinance, it being the intent of the City that such remainder shall be and shall remain in full force and effect.
Section 3. BE IT FURTHER ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN THAT this Ordinance shall take effect on February 18, 2008, and all other ordinances or parts of ordinances inconsistent with the provisions of this Ordinance will as of that date be repealed to the extent of such inconsistency.
APPROVED: February 7, 2008 PASSED: February 7, 2008
____________________________ ____________________________
WILLIAM J. HOLTZINGER,
Approved for Legal Sufficiency:
________________________
Legal Department