§ 20.611. In-aid-of-construction charge.

(1)

Purpose. The in-aid-of-construction charge shall be a source of revenue designated to cover the partial cost to Howard County of construction or purchase of facilities in the water and sewer system which serve or will serve all properties connected to the system, including but not limited to sewerage treatment plants, disposal fields, lagoons, pumping stations, force mains and interceptor sewers, water storage facilities, water treatment facilities, water pumping stations and water transmission mains, whether or not such facilities are located within Howard County.

(2)

Levying and Fixing in-Aid-of-Construction Charge:

(a)

At the time of submission of the annual budget and appropriation ordinance to the County Council, the County Executive shall recommend a water and a sewer in-aid-of-construction charge.

(b)

At the time of the adoption of the annual budget and appropriation ordinance, the County Council shall, by resolution, levy and fix a water and a sewer in-aid-of-construction charge for the upcoming fiscal year.

(c)

The charge may be uniform for all properties in the metropolitan district or may be variable based on the maximum hourly intensity or volume of use of the public water/sewerage system anticipated for each property based on the maximum flow rate for continuous operation for the size of a customer meter installed by the Department of Public Works. The following ratings shall be applied to the meter:

(1)

For displacement type meters, up to two-inch, American Water Works Association (AWWA) Standard Specification C 700-09, "Table 1, Recommended Maximum Rate for Continuous Operations", shall apply; and

(2)

For compound type meter sizes three inches and larger, AWWA Standard C702-10 "Table 1, Class 1, Maximum Flow Rate for Continuous Duty", shall apply.

(d)

The in-aid-of-construction charges adopted shall remain in effect until the effective date of any new in-aid-of-construction charges adopted by the County Council.

(3)

Payment:

(a)

At time of permit. All owners in the metropolitan district shall pay the water and the sewer in-aid-of-construction charge prior to being issued a permit from the Department of Inspections, Licenses and Permits. An in-aid-of-construction charge shall be imposed only once with respect to each property except where intensity of use or volume of consumption generated is increased as set forth in subsection (b) below. The Director of Public Works shall determine the charge for each property on the basis of one consumption unit or any multiple thereof depending upon intensity or volume of use or the flow capacity of each of the customer meter(s), exclusive of "fire protection only", installed by the Department of Public Works as set forth in subsection 20.611(2)(c). Each water meter supplied to a property by the Department of Public Works is subject to the applicable in-aid-of-construction charge.

(b)

Review of actual water use patterns; meter size adjustment; and adjustments to in-aid-of-construction. The Department of Public Works may review patterns of water use to determine whether a meter is of appropriate type and capacity. A review may include temporary on-site metering studies to assess short-term patterns of use within the day. A review may also be conducted when an owner submits an application for a permit for an alteration, enlargement, renovation, or addition. If a review indicates that actual or projected use is significantly greater than that which was previously used for the calculation of the in-aid-of-construction charge, the owner will be charged an additional fee based on the difference between the in-aid-of-construction fee established for the size of the replacement meter and the fee already paid based on the previous meter size.

(c)

If an owner fails to pay the in-aid-of-construction charge, the Department of Inspections, Licenses and Permits may withhold a permit including a permit for an alteration, enlargement, renovation, or addition. An owner who fails to pay the assessed in-aid-of-construction charge is also subject to possible suspension of water or sewer service.

(4)

Special Account; Use of Receipts. The Director of Finance shall credit all receipts from in-aid-of-construction charges to a special account. The receipts shall be used only for payments for the development of facilities in the water and sewerage system as described in subsection (1) above, or to liquidate bonds issued by the County or by the former Metropolitan Commission, for such development, to the end that the front-foot benefit assessment charges and ad valorem charges may be reduced.

(C.B. 38, 1998; C.B. 1, 2006, § 2; C.B. 22, 2011, § 1)