§ 18.122B. Allocation of water and wastewater capacity.

(A)

Findings of Fact and legislative Intent. The County Council finds that, although the County undertakes master planning for the initial construction and subsequent extension of County-owned water and wastewater facilities in accordance with the provisions of section 9-501 et seq. of the health-environmental article of the Annotated Code of Maryland and regulations promulgated pursuant thereto, temporary shortages of available capacity in water and wastewater facilities may occur as a result of health, environmental or financial considerations. The County Council further finds that, in order to strictly adhere to the requirements of the health-environmental article and to provide public knowledge regarding available capacity in the water and wastewater facilities, it is necessary to establish a method by which available capacity is calculated, priority of water and wastewater service is determined, and available capacity is allocated. The intent of the County Council is to promulgate provisions of this section to accomplish those objectives.

(B)

Definitions. As used in this section, the following terms have the meanings indicated:

(1)

Active subdivision means a subdivision for which an unexpired developer's agreement exists.

(2)

Available capacity of wastewater means the positive difference between the rated capacity of a wastewater system and the annual average daily flow through the system for the preceding calendar year, less any allocations granted since the preceding calendar year.

(3)

Annual average daily flow of wastewater means the total flow of wastewater through a treatment plant for the preceding calendar year, adjusted for malfunctions and divided by the number of days counted.

(4)

Available capacity of water means the positive difference between the maximum daily flow available from the County's water supply agreements and the maximum daily consumption during the preceding calendar year, less any allocations granted since the preceding calendar year.

(5)

Degree of inactivity means a factor, applied to the inventory of vacant lots in recorded subdivisions for which developer's agreements are not in effect, which indicates the number of lots within the subdivision reasonably expected to be constructed.

(6)

Industrial/commercial annual average daily flow of wastewater means the total gallons of wastewater billed to industrial/commercial uses during the preceding calendar year, adjusted for malfunctions [and] divided by the number of days counted.

(7)

Industrial/commercial maximum average daily flow of water means:

Where:

I/C MADF	=	Industrial commercial maximum average daily flow of water
T	=	Total gallons of water billed to industrial commercial uses during the preceding calendar year, adjusted for malfunctions
D	=	The number of days counted
MADC	=	Maximum average daily consumption of water during the preceding calendar year
AADC	=	Annual average daily consumption of water during the preceding calendar year

 

(8)

Legal lot means:

(a)

Any legally existing lot, tract or parcel of record, created as a separate lot, tract or parcel prior to July 27, 1948;

(b)

Any lot, tract or parcel of record created on or after July 27, 1948, in compliance with the zoning regulations in effect at the time of its creation; or

(c)

Any lot, tract or parcel of record created on or after July 1, 1951, in compliance with the zoning and subdivision regulations in effect at the time of its creation; provided, however, that any lot, tract or parcel created prior to February 7, 1976, and which is not exempt from the current subdivision and land development regulations pursuant to the provisions of subsection 16.108(66), title 16, subtitle 1, article II of the Howard County Code, shall not be considered a legal lot unless it is subdivided in compliance with the provisions of the above-mentioned subtitle.

(9)

Maximum average daily consumption of water means the quantity of water delivered to Howard County on the single day of the highest use from all supply sources during the preceding calendar year, adjusted for malfunctions or, if sufficient data is not available for determining the single day of highest use:

MADC = AADC × RMAD

Where:

MADC	=	Maximum average daily consumption of water during the preceding year
AADC	=	Annual average daily consumption of water
RMAD	=	Ration of maximum daily water consumption to average daily consumption (derived from the design manual).

 

(10)

Residential annual average daily flow of wastewater means the difference between the annual average daily flow of wastewater for the preceding year and the industrial/commercial annual average daily flow of wastewater for the same period.

(11)

Residential maximum average daily consumption of water means the difference between the maximum average daily consumption of water and the industrial/commercial maximum average daily flow of water for the same period.

(12)

Annual average daily consumption of water means the total quantity of water delivered to Howard County from its supply sources for the preceding calendar year, adjusted for malfunctions, divided by the number of days counted.

(c)

Allocation of Capacity:

(1)

The available capacity of wastewater and the available capacity of water shall be apportioned into two major categories. The categories are:

(a)

Residential development of all types; and

(b)

Commercial and/or industrial development of all types, including public facilities.

The amount of capacity available for allocation for each category shall be determined by the Director of Public Works to ensure adequate industrial and commercial growth.

(2)

(a)

Concurrent with the approval of a final subdivision plat for a subdivision to be served by a public water or wastewater system by the Office of Planning and Zoning, the Department of Public Works shall tentatively allocate water or wastewater capacity when available to the subdivision, subject to compliance with the provisions of paragraph (3) of this subsection, and shall notify the subdivider of the allocation.

(b)

Upon approval of a sketch plan, written inquiry may be made as to the remaining available capacity and the units allocated against that capacity, and the Director of the Department of Public Works shall provide the requested information within a reasonable period of time.

(3)

Within 180 days from the date of approval of the final subdivision plan, the developer shall post with the County all necessary monies or file a developer's agreement covering the developer's financial obligations with appropriate security guaranteeing installation of all required public improvements. If the posting of all necessary monies or the filing of a developer's agreement with the Department of Public Works is not accomplished within the 180-day period or if the Department of Public Works rejects the agreement as submitted, the allocation is forfeited, prior approvals are void, and the final subdivision plat may not be recorded.

(4)

Upon execution of the developer's agreement by the County, the allocation is valid for the duration of the developer's agreement, which may not exceed a period of three years from the date of execution by the County; provided, however, that in the case of a subdivision for multifamily development, the term of the developer's agreement may be up to four years from the date of execution by the County. A request for an extension or renewal of a developer's agreement for one year may be granted by the County. If the allocated capacity has not been used by the end of the fourth year or fifth year, if applicable, the allocation is forfeited. "Multifamily development," as used herein, shall mean all residential development except single-family detached.

(5)

An allocation of capacity is not assignable or transferable among subdivisions or sections of subdivisions, except that the unused balance of any allocation granted to commercial and/or industrial subdivision may be transferred among sections or lots of that subdivision.

(6)

The developer's agreement shall provide that the owner fully understands all contingencies which may affect water and wastewater capacity allocations, including, but not limited to, the following:

(a)

Water and wastewater capacity is contingent upon the availability of Federal and State funds to finance water and wastewater capital projects where applicable;

(b)

The County disclaims any responsibility to provide water or wastewater allocations, or to be liable for monetary damages for the failure to provide such allocation, if the County is unable to acquire, within a reasonable time, rights-of-way necessary for the construction of water or wastewater capital projects; and

(c)

Federal or State action, including operational moratoria, may suspend, delay or affect an allocation which is otherwise granted.

(7)

(a)

[Notice to applicants of contingencies affecting allocation—] The appropriate County offices and departments shall inform potential applicants for developer's agreements of the contingencies set forth in paragraphs 5 and 6 of this subsection and such other contingencies as may arise from time to time which may affect the right to an allocation or the timing of an allocation.

(b)

[Allocation to property not requiring subdivision approval—] If a property sought to be connected to a water or wastewater system does not require subdivision approval, an allocation shall be granted upon the issuance of a building permit. If the completion and certification of the building's footings and/or foundations have not been completed within six months from the date of the issuance of the original building permit, or if the building permit is revoked, the allocation is thereby forfeited. Extension of the six-month period may be for reasonable cause, authorized by the Director of the Department of Public Works.

(c)

Grant of conditional use or zoning reclassification not authorization of allocation—The grant of a conditional use or zoning reclassification of property does not entitle any person to an allocation of water or wastewater capacity for that property. The change in use of an existing commercial/industrial property does not entitle any person to an allocation of water and wastewater capacity which would be greater than the previously recorded water or wastewater flows or existing allocation for that property. Any additional usage must be authorized under this subtitle.

(d)

Amount of allocation—

(i)

The allocation of available capacity of wastewater to each residential unit shall be an amount equal to the residential annual average daily flow of wastewater for the preceding calendar year divided by the total number of residential connections as of the end of the preceding calendar year.

(ii)

The allocation of available capacity of water to each residential unit shall be an amount equal to the residential maximum average annual daily flow of water for the preceding calendar year divided by the total number of residential connections as of the end of the highest quarterly use period of the preceding year.

(iii)

The allocation of available capacity of water and wastewater for each industrial and commercial use shall be determined by the Director of the Department of Public Works according to the projected needs of the particular use based upon comparisons of water and wastewater usage in similar industrial or commercial developments.

(e)

Priority of allocation—Applications for allocation of available capacity of water and wastewater shall be considered according to the following priority in each major category:

(i)

Buildings under construction that will be connected to the utility.

(ii)

Buildings required to connect, but not as yet connected to the utility.

(iii)

Legal buildable lots in active subdivisions for which building permits have not been issued.

(iv)

Properties using individual water supply or wastewater systems which may connect to the system upon completion of a capital project then under construction or for which construction grants have been approved or other approved projects certified by the Director of Public Works as meeting applicable County legislation.

(v)

Other buildable legal lots adjusted for degree of inactivity, including lots in industrial subdivisions from which prior water or wastewater allocations have been transferred to other sections or lots of that subdivision.

(vi)

Proposed subdivisions at final plat approval stage.

(f)

Allocation commitment—The sum of the capacity requirements in categories (i) through (v) [of subparagraph 18.122B(c)(7)(e) above] equals the allocation commitment against total capacity at any point in time.

(g)

Reporting—The Department of Public Works shall publish annual reports of the allocation process status or more frequently as required by the Director of Public Works. The reports shall as a minimum, cover:

(i)

Derivation of all the calculations of defined terms.

(ii)

Wastewater flows and treatment capacity availability at:

a.

Little Patuxent Wastewater Treatment Plant.

b.

Patapsco Wastewater Treatment Plant.

c.

Billed annual average wastewater generation in the Patapsco and Patuxent drainage areas.

(iii)

Water purchase, consumption, and distribution:

a.

Total purchased volume by source and 12-month period.

b.

The volume of highest use for preceding year.

(iv)

Derivation of capacity reservation for residential, commercial and industrial use.

(C.B. 46, 1979; C.B. 50, 1991; C.B. 71, 1992)