COMCOR 45.02.01. Comprehensive Water Supply and Sewerage Systems Plan Amendments: Service Area Category Change Request Application Fees

A. Authority. In accordance with the authority conferred under Chapter 45, Section 45-2, of the Montgomery County Code, 1994, as amended (hereinafter referred to as the “Code”), the County Executive hereby promulgates this regulation for the purpose of establishing a fee schedule for services associated with processing requests for water and sewer service area category changes as set forth in Chapter 45 of the Code.

B. Applicability. This regulation applies to all applicants seeking service area category map amendments and text amendments to the Montgomery County, Maryland, Comprehensive Water Supply and Sewerage Systems Plan.

For purposes of this regulation, the following words and phrases will have the meaning respectively ascribed to them in this regulation unless the context indicates otherwise:

Multi-Use Systems: Privately-owned, on-site water supply and sewerage systems which serve a single user from one or several structures, with a peak capacity of 1,500 or more gallons per day. These are usually, but not exclusively, ground water wells and septic systems. The multi-use system is owned and is usually operated by the property owner.

Non-Profit Institutional Facility: A building owned by an organization which qualifies for a federal tax exemption under the provisions of Section 501 of Title 26 of the United States Code (Internal Revenue Service).

Public Health Case: A category change application resulting from the failure or anticipated failure of an individual, on-site water or sewerage system, usually a ground water well or septic system.

Senior Adult- or Elder-Care Facilities: A building or group of buildings providing a continuity of residential occupancy and health care for persons over the age of 62. Senior adult- or elder-care facilities include dwelling units for either independent or assisted living and related facilities for services to the residents such as meal preparation and service, day care, personal care, nursing, therapy, or any other service to the senior adult population that is an ancillary part of one of the above operations.

Shared Systems: On-site water supply and sewerage systems which serve two or more separate users. Shared systems can be, but are not exclusively, ground water wells and septic systems. Located on property owned by one or more of the system users, the shared system is owned and operated by a State- and County-approved governmental or quasi-governmental agency.

Water and Sewer Service Area Categories: Designations adopted in the County’s Water and Sewer Plan which establish a property’s eligibility for public or private water and sewer service. Each property within the county, including those within incorporated municipalities, has a water category and a sewer category designated in the Water and Sewer Plan.

An applicant seeking a service area category change under the County’s Comprehensive Water and Sewer Plan must submit a written application to the Department of Environmental Protection in accordance with Section 45-2 of the Montgomery County Code. Each application submitted under this Section must be accompanied by a non-refundable fee based on the following schedule:

DEP Category Change Application Fees

A The charge per individual category change application. For example: Six individual property owners on the same block applying together for a category change would each have an application fee of $250.

B These fees exclude residential units formally designated as “affordable housing.” For example: A residential subdivision project proposed for a total of 50 units, of which 15 are MPDUs, would be considered for the purpose of assessing the application fee as a 35-unit project, not 50 units.

C Non-profit institutional facilities are classified by Water and Sewer Plan as “private institutional facilities” or “PIFs.”

D Exclusive of any senior adult-or elder-care facilities which do not pay an application fee.

E A mixed-use project fee is cumulative. For example: The application fee for a project with both 24 townhouse lots and commercial development on a 0.9-acre site would be - $5,000 + 2,000 = $7,000.

F A surcharge fee is added to the fee for the specific application type. For example: The application fee for an institutional use on a 5.5-acre site, which proposes to use multi-use systems, would be - $10,000 + $500 = $10,500.

If a court holds that a portion of this regulation is invalid, the other portions remain in effect.

This regulation takes effect when approved by the County Council.