All new development shall be served by an adequate water supply
and distribution system that provides sufficient water and service
pressure for domestic consumption and fire protection.
A.
The adequacy of an on-site water supply distribution system shall
be evaluated by a Maryland registered professional engineer and a
complete report submitted to the agency having jurisdiction for review.
The engineer shall be provided by the developer. Adequacy of the system
shall then be determined by the Planning Commission upon recommendations
by the Washington County Health and Human Services Department according
to the guidelines established in COMAR 26.04.02 and 26.04.03.
B.
The adequacy of an existing public or multiuse water supply and distribution
system to provide the projected water needs of the new development
shall be evaluated by a registered professional engineer and a report
submitted to the agency having jurisdiction for review. The engineer
shall be provided by the developer. Adequacy of the system shall then
be determined by the Planning Commission upon consideration of the
recommendations made by the Hagerstown Water Department, where applicable;
the Washington County Department of Water Quality, Division of Environmental
Management, where applicable; the Town's Public Works Department,
where applicable; and other municipal governments or any other properly
established agency with the responsibility to construct, maintain,
improve or permit hookup to the water supply system. Adequacy shall
be determined according to the agency's adopted guidelines, standards,
policies or procedures and all other applicable county, state, Town,
municipal or federal regulations.[1]
C.
The adequacy of a new community or multiuse water supply and distribution
system shall be determined by the Planning Commission upon recommendations
made by the Hagerstown Water Department, the Washington County Department
of Water Quality, Division of Environmental Management, the Town's
Public Works Department and the Maryland Department of the Environment.
Adequacy shall be determined according to the Maryland Department
of the Environment's adopted guidelines, standards, procedures
and policies. Establishment of new public or multiuse water supply
and distribution systems shall be consistent with the Washington County
Water and Sewerage Plan and the Comprehensive Plan.[2]
D.
When evaluating the adequacy of any water supply and distribution
system for domestic consumption and fire protection other than a private,
individual on-site water supply (well), all parts of the system affected
by the projected water needs of the new development shall be considered,
including but not necessarily limited to the water source, quality,
distribution or collection system, treatment system, pumping facilities,
and metering devices.
E.
When evaluating the adequacy of a water supply and distribution system,
the responsible agency shall consider the following items:
(1)
The system's design capacity.
(2)
The system's water supply source.
(3)
The system's available capacity.
(4)
The responsible agency's adopted guidelines, standards, procedures
and policies regarding water service.
(5)
The projected water needs of the proposed development, including
domestic consumption and fire protection.
(6)
Other proposed or expected connections to the system reasonably probable
of fruition.
(7)
The evaluations and recommendations of the Fire Department that provides
fire-protection service in the new development.
(8)
Other variables found to have an effect on the ability of the water
system to deliver the projected water needs of the development.
(9)
The applicable guidelines concerning fire-protection provisions in areas where public water supplies are inaccessible as set forth in Article VIII of this chapter.
(10)
Existing storage, treatment, and pumping facilities affected
by the proposed development.
The projected water needs of the new development for domestic
consumption and fire protection shall be determined by the Planning
Commission after reviewing the recommendation of the agency or agencies
having jurisdiction over the water supply and distribution system.
Except as otherwise provided in this chapter, if the Planning
Commission, upon recommendation from the responsible agencies, determines
that the community or multiuse water supply and distribution system
is inadequate to accommodate the projected needs of the new development,
the development shall not be approved.
