§ 20-1-117. PLANNING; CONSTRUCTION; COST ESTIMATES; APPROVAL; APPORTIONMENT OF COST.

(a)

The county from time to time shall cause surveys, studies, plans, specifications, and estimates to be made for water supply, sewerage, and stormwater drainage systems in all those parts of the metropolitan district in which there is, in their judgment, a need for water supply, sewerage, or drainage. No water or sewer lines or systems or any part thereof shall be constructed, except upon the written recommendation of the Chief Sanitary Engineer. Before making his recommendation in writing with respect to the construction or extension of any water or sewer lines or systems or any parts thereof, the Chief Sanitary Engineer shall make a thorough field inspection of the territory proposed to be served by the new construction or extension and shall prepare sufficient plans upon which to make an adequate cost estimate of the proposed construction or extension, together with conservative estimates in writing of the revenues to be expected therefrom by assessments and charges of any kind authorized by this article. If such plans and estimates fail to show that the proposed new construction or extension will be financially self-supporting within a reasonable time after completion, the county shall not order the construction of such new lines or extensions, unless property owners requesting them shall finance their cost upon a basis that will make them a permanently self-supporting part of the metropolitan district. The requirement that a project be financially self-supporting shall not apply to any exercise by the county of the general powers and authority to establish, construct, and maintain facilities conferred upon them by § 20-1-107 of this title, provided the Chief Sanitary Engineer finds that:

(1)

The cost or expense involved in the exercise of such power and authority is not readily or fairly susceptible of allocation among property owners in the affected area in accordance with the terms of §§ 20-3-201 through 20-3-210 of this article;

(2)

The exercise of such power and authority is for a purpose necessary and useful to the operation or maintenance of a water system, sewer system, or part thereof constructed or to be constructed in the county metropolitan district; and

(3)

The Chief Sanitary Engineer prepares a schedule of equitable apportionment of cost among the property owners in the drainage area benefitted by such project in order that the difference between cost of such project and capitalized assessment may ultimately be recovered in lump sum payments or by annual payments from such property owners.

(b)

All property owners benefitted by the construction of the project shall be notified of the proposed apportionment of cost contained in such schedule, and, after hearing, the county may adopt the schedule as prepared or subsequently amended.

(1988 Code, § 35-142) (Bill No. 126, § 2, 9-28-1990; Bill No. 30-03, § 1, 7-1-2004)

  Annotation- A statutory precursor to this section as it existed prior to amendment, is discussed in Dinneen v. Rider, 152 Md. 343, 136 A. 754 (1927).