BOARD OF COUNTY COMMISSIONERS FOR ST. MARY S COUNTY LEONARDTOWN, MARYLAND

Transcription

1 BOARD OF COUNTY COMMISSIONERS FOR ST. MARY S COUNTY LEONARDTOWN, MARYLAND PROCEDURES FOR THE ESTABLISHMENT AND CONSTRUCTION OF STORM DRAINAGE IMPROVEMENTS WITHIN A SPECIAL TAXING DISTRICT January 1983 (Updated: October 2010) DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION ST. ANDREWS CHURCH ROAD P. O. BOX 508 CALIFORNIA, MARYLAND 20619

2 TABLE OF CONTENTS PAGE NO. I. DEFINITIONS. 3 II. STATEMENT OF POLICY... 3 III. PROCEDURES FOR THE ESTABLISHMENT OF A SPECIAL TAXING DISTRICT 4 I V. DESIGN, CONSTRUCTION, AND MAINTENANCE... 5 V. ASSESSMENTS. 5 2

3 The Board of St. Mary s County Commissioners, under the terms of the Code of Public Local Laws of Maryland, Article 19 St. Mary s County, Chapter 125 Stormwater Drainage, has been vested with the authority to establish Special Drainage Taxing Districts. The purpose of the Storm Drainage District is to establish a means by which landowners can secure drainage improvements, which are a benefit to their property, with the cost of the construction being allocated to those same property owners who derive the benefit. I. DEFINITIONS County: County Commissioners: Director: Landowner: District: St. Mary s County, Maryland, and official government agencies or officials thereof. The Board of County Commissioners for St. Mary s County, Maryland. The duly authorized appointed Director of the Department of Public Works and Transportation. The Landowner of record. The Special Drainage District, as defined in the Petition. II. STATEMENT OF POLICY OF THE BOARD OF COUNTY COMMISSIOIERNS FOR DRAINAGE DISTRICTS. A. The problem of upgrading drainage facilities is one which can and does result in a significant outlay of capital improvements funds. The Board of County Commissioners requested, and was granted in 1982, the legislative authority by the Maryland General Assembly to create Special Drainage Districts to deal with this problem. The Policy Statements are based on the following premises: 1. The need for drainage improvements due to the intensification of land use and changes in what is considered an acceptable effect among landowners. It may be impossible to enact a solution, which will find universal acceptance among all affected parties. 2. The County has no element of financial responsibility for the existing drainage deficiencies as long as the County did not contribute to the existing problem. 3. The improvement of a drainage system will enhance property values and allow a more intensified land use within the drainage district with the increase in value accruing to those landowners. 4. The drainage improvement costs incurred through the taxing district must be equitable by assessing the cost of construction to those who benefit from the improvements. B. Based on the above premises, the following are general policy parameters within which Special Drainage Districts will be established: 3

4 1. The costs including preliminary and design engineering by the County or consultant, right-of-way acquisition, utilities, permits, inspection, construction, and interest costs, are to be borne by the landowners comprising the Special Drainage District. In the event that the landowners elect at any time not to complete the project, the costs incurred will be equally distributed to the petitioners. The County will be responsible for all administrative costs, meetings, etc. 2. The costs associated with maintaining those facilities, which lie outside of County/State right-of-way limits, are the responsibility of the Drainage District. The County may maintain the system and allocate those costs to the District as a perpetual Annual Maintenance Assessment. 3. The amortization period to retire the costs for the improvements would be up to fifteen (15) years. 4. Approval of the Special Drainage District is contingent upon the County s ability to provide the necessary funds. The financing of projects will primarily be accomplished by the County borrowing the necessary funds with the lot owners paying the costs of the interest and principal. 5. The key elements to be addressed in each resolution establishing a Special Drainage District are: a. Determining the boundaries of the Special Drainage District and subsequently the property owners included in the District; and b. The method of determining the benefit derived to each property owner and the respective cost associated with same. 6. The annual benefit assessments are a first lien upon the properties against which they are assessed; and until paid, are subject only to prior State and County taxes. In addition, an Annual Maintenance Assessment is established on July 1st of each year after an appropriate public hearing; said assessment also constituting a first lien. III. PROCEDURES FOR THE ESTABLISHMENT OF SPECIAL DRAINAGE DISTRICTS A. Submission of the Petition for the Special Drainage District. The Petition submitted for the Special Drainage District shall: 1. Be on a form submitted by the county and approved by the County Attorney. 2. Include a synopsis of the drainage problem to be addressed. 3. Include the proposed District boundaries and names of affected property owners within the proposed District. 4. Include the signatures of the majority (more than 50%) of the property owners within the Drainage District. B. A Public Informational Hearing and approval of the preliminary engineering study by the Board of County Commissioners. 4

5 1. An estimate of the cost for the Preliminary Engineering Study will be presented at the Informational Meeting. The approval by the Board of County Commissioners will initiate the Preliminary Engineering Study. The cost of this Study will be borne by the petitioners whether the facilities are constructed or not. C. The Preliminary Engineering Study will be performed under the direction of the Director. The purpose of the Preliminary Engineering Study will be to obtain the necessary survey and design information to: 1. Develop a list of alternatives which would solve the drainage problem. 2. Determine the benefits derived by the methods of construction. 3. Develop a preliminary cost estimate and method of assessment. D. Upon completion of the Preliminary Engineering Study, a Public Hearing will be held by the Board of County Commissioners. The key elements of the Public Hearing are: 1. Certified mailing notices to the property owners. 2. Advertise a minimum of two (2) weeks in a local paper of general circulation. 3. Presentation of a Public Works Agreement describing the terms and conditions of the subject project, with this Agreement being signed by a majority of the property owners in the District. 4. Execution of a Public Works Agreement by St. Mary s County. Upon the closing of the Public Hearing, the Board of County Commissioners will meet to approve or disapprove the Public Works Agreement. Approval of the Public Works Agreement initiates the final design and construction. IV. DESIGN, CONSTRUCTION, AND MAINTENANCE The design engineering, development of completed construction drawings, specifications, estimates, etc. and the bidding and construction shall be conducted under the direction of the Director in accordance with established County policies. The County/State will provide perpetual maintenance to those facilities within the County/State right-ofways at no cost to the District. The County will also provide maintenance services to the joint use portion of the facilities with those maintenance costs being passed to the property owners within the District in he form of an Annual Maintenance Assessment. Maintenance of the facilities identified as private is solely the responsibility of the individual property owner. V. ASSESSMENTS A Public Hearing will be held after the completion of construction in order to establish the Annual Assessment per resolution by the Board of County Commissioners. In addition to the Annual Assessment, the Board of County Commissioners will also hold a Public Hearing prior to July 1st of each year to establish the Annual Maintenance Assessment. S:\CPILKERTON\CPILKERT\ORDINANCES & POLICIES\ENGINEERING\Storm Drainage Improvements Taxing Distict Procedure Handout.DOC 5