[Amended 3-8-1994 by Bill No. 94-1]
Editor's Note: This Bill also provided that the former Subtitle I, Shared Facilities, be repealed.
Legislative findings. It is the legislative finding of the County Commissioners that it is necessary for the existing and future health, safety and welfare of the public in general that shared sanitary facilities in the County be operated by or under the supervision of the County Commissioners.
Required. Except as provided for in Subsection (c) hereof, wherever sanitary facilities serve, or are proposed to serve, more than one but fewer than twenty single-family units or equivalent dwelling units in separate ownership, producing or designed to produce up to five thousand gallons per day of effluent or water, a shared sanitary facility shall be required to be established in accordance with the provisions of this Subtitle.
[Amended 10-20-2009 by Bill No. 09-6]
Exceptions. For the purposes of this Subtitle, the following shall not constitute shared sanitary facilities.
[Added 4-9-1996 by Bill No. 96-6; amended 7-26-2005 by Bill No. 05-8]
Leasehold commercial in a planned commercial development, as defined in the Zoning and Subdivision Control Article, or in a shopping center as established pursuant to the Worcester County Zoning Ordinance of 1965 where the leases place the responsibility for proper and legally required maintenance of sanitary facilities on the landlord.
In condominiums, cooperatives, cooperative manufactured or mobile home parks, and cooperative campgrounds, where the recorded governing documents place the responsibility for proper, legally required management and maintenance of sanitary facilities on the governing body and the governing body is given the authority and power to collect funds in order to manage and maintain the facilities and where the construction of the sanitary facilities is accepted by the County.
[Amended 10-20-2009 by Bill No. 09-6]
For the purpose of this Subtitle the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Any person or group of persons proposing, constructing or operating a shared sanitary facility.
- EQUIVALENT DWELLING UNIT
- A measurement based upon a structure or use, existing or planned, which produces the same amount of sewage flow or water consumption as an average single-family residence in the shared facility area. Any single-family residence, not being used for any other purpose, shall be classified as one "equivalent dwelling unit" rating.
- Fee simple ownership, or a term of years in excess of seven
years or renewable for seven years or more.[Amended 4-9-1996 by Bill No. 96-6; amended 7-26-2005 by Bill No. 05-8]
- SANITARY FACILITIES
- Facilities designed or constructed for the purpose of providing sanitary services.
- SANITARY SERVICES
- Potable water production and distribution or wastewater collection and treatment.
- As modifying "ownership" herein, refers to distinct legal entities.
- SHARED SANITARY FACILITY
- A water or sewer facility or combination of facilities serving or designed to serve fewer than twenty single-family units or equivalent dwelling units in separate ownership producing or designed to produce less than five thousand gallons per day of effluent or water.
[Amended 7-26-2005 by Bill No. 05-8]
Existing shared sanitary facilities and existing limited shared facilities legally established by the Worcester County Sanitary Commission prior to the effective date of this Subtitle are hereby recognized and confirmed as shared sanitary facilities. For such facilities, the provisions of this Subtitle relating to the initial establishment of shared sanitary facilities and construction of such facilities, for such facilities already constructed, shall not apply. All other provisions of this Subtitle shall be applicable to such existing shared sanitary facilities and limited shared facilities. Nothing in this Subtitle shall affect any existing bonds issued by the Worcester County Sanitary District. Shared sanitary facilities previously established as such and legally existing as of the effective date hereof, and which are no longer required to be shared sanitary facilities hereby may be terminated by an agreement with the consent of the County Commissioners.
Editor's Note: The Sanitary Commission was abolished 10-5-1993 by Bill No. 93-19.
A developer wishing to establish a shared sanitary facility shall file a written application with the County Commissioners and pay all fees and deposits required by the County Commissioners. The application shall include a description of the property to be served by the facility and shall be signed by all property owners owning property located within the boundaries of the area. It shall be accompanied by such plats, drawings, maps, plans, studies, construction information and other information as may be required by the County Commissioners. Applications shall be upon forms provided by the County Commissioners. The County Commissioners may require during investigation additional information as necessary to make an appropriate determination.
Investigation. The County Commissioners shall cause an investigation and evaluation to be made of the application.
Applicable standards. In evaluating the application the County Commissioners shall consider the following:
Desirability of the facility for the comfort, convenience, health, safety and welfare of people who will or in the future may be served by the proposed facility.
Feasibility of construction and operation of the proposed facility from an engineering standpoint as well as from an economic standpoint.
Whether or not the facility is in the best interest of the public health, safety and welfare of all of the residents of the County.
Whether or not the facility will not be unduly detrimental to the environment of the County.
Whether or not the design and operation of the facility are in accordance with all required permits and applicable standards.
Approval or denial. The County Commissioners may approve the application without a hearing but may only deny the application after providing the applicant with a reasonable opportunity to be heard.
Resolution and agreement. Upon approval of an application the County Commissioners shall adopt a resolution establishing the shared sanitary facility, approving construction thereof, and including such other provisions as the County Commissioners may deem necessary. The resolution shall be conditioned upon an agreement between the developer and the County Commissioners with respect to the construction and operation of the facility. The agreement shall constitute a covenant running with the land and shall be recorded among the land records of Worcester County. The agreement shall provide for periodic inspections during construction by the County Commissioners; shall require construction and operation in accordance with all required permits and applicable standards; shall provide for ownership of the shared sanitary facility by a non-profit homeowners' or property owners' organization or condominium association which shall have the responsibility and powers to assess property owners and to insure operation of the facility in accordance with all required permits and standards; shall contain an irrevocable offer of dedication to the County Commissioners; and shall provide that the County Commissioners, upon determination that it is necessary to protect the health safety and welfare of the county or to properly operate the facility, may accept the offer of dedication, acquire ownership, and commence operation of the facility on a temporary or permanent basis. The agreement may, at the option of the County Commissioners, require bonding of the developer for construction and/or operation.
[Amended 7-26-2005 by Bill No. 05-8]
No subdivision or site plan may be approved for any development in a shared sanitary facility area utilizing a shared sanitary facility until the shared sanitary facilities have either been completely constructed and in operation or the construction has been adequately bonded to the County. No building permits for any structure in a shared sanitary facility area shall be issued until the County shall determine that the construction of the shared sanitary facilities are substantially completed as determined by the County Commissioners upon the advice and the recommendation of the County's Chief Environmental Officer designated by the County Commissioners and that the remaining work is adequately bonded to the County. No occupancy permit shall be issued for any structure in a shared sanitary facility area until the shared sanitary facilities are completed and are operating to the satisfaction of the County.
In the event that a shared sanitary facility is taken over by the County Commissioners pursuant to this Subtitle, it shall be operated as a sanitary service area, and all property owners and facility users shall be liable for all duly levied charges, fees, assessments and costs.
The County Commissioners may, by resolution, adopt standards for the construction and operation of shared sanitary facilities.
It shall be unlawful to operate a shared sanitary facility in the county which is not in compliance with the provisions of this Subtitle.
All limited shared facilities established pursuant to a shared facilities agreement prior to the effective date hereof under the then applicable Worcester County Shared Facilities Law shall be deemed shared sanitary facilities but shall not be subject to §§ PW 5-104 and 5-105 hereof except by application for establishment as a shared sanitary facility.
Intentional violation. Any intended violation of the provisions of this Subtitle shall constitute a misdemeanor.
Inadvertent violation. Any inadvertent violation of the provisions of this Subtitle shall constitute a civil infraction.
Penalties. Any person who intentionally violates this Subtitle shall, upon conviction thereof, be fined not more than one thousand dollars or imprisoned for not more than thirty days, or both. Each and every day such violation occurs shall be considered a separate offense. The owner of the land upon which the violation exists as well as the developer and any other person who commits, participates in, assists in or maintains such violation, may be found guilty of a separate offense and suffer the penalties herein provided.
Correction of violation. The County Commissioners or the court may order the violation removed or corrected and may issue such additional orders as the County Commissioners or court may deem appropriate to safeguard against future violations of this Subtitle.