§ 10-302. Financing the Fund.

(a)

Clean Water Act Fee.

(1)

Except as provided in this section, the County shall annually collect a Clean Water Act Fee from owners of property located within the County.

(2)

The Clean Water Act Fee shall be established by resolution of the County Council. The resolution shall include a schedule of fees based upon any of the following:

(A)

Impervious area existing on the property as of March 1 of the year in which the fee is imposed;

(B)

Zoning classification of the property; and

(C)

A flat rate.

(3)

For the purpose of setting the Clean Water Act Fee as provided in subparagraph (a)(2)(A) of this section, impervious area existing on a property shall be determined based upon any of the following methods:

(A)

Analysis of aerial photography;

(B)

Measurement from approved engineering drawings including, without limitation, as-built drawings or site plans;

(C)

Field surveys signed and sealed by a professional engineer or professional land surveyor licensed in the State of Maryland; or

(D)

Inspections conducted by the Department of the Environment.

(4)

Property owned by the State, a unit of State Government, the County, a municipality, or a regularly organized Volunteer Fire Department that is used for public purposes shall not be assessed a Clean Water Act Fee under this section.

(5)

A property that has an agricultural use assessment as determined by the State Department of Assessments and Taxation shall be subject to a fee based on the impervious surface measurement only for the principal residential structure located on the property.

(6)

The Clean Water Act Fee shall be collected in the same manner as County real property taxes and shall have the same priority, rights, and bear the same interest and penalties, and be enforced in the same manner as County real property taxes. Any unpaid portion of the Clean Water Act Fee shall be a lien upon the real property for which it is imposed and shall have the same priority as a lien imposed for nonpayment of real property taxes.

(b)

There shall be deposited in the Local Watershed Protection and Restoration Fund:

(1)

All Clean Water Act Fees collected by the County;

(2)

Interest or other income earned on the investment of money in the Local Watershed Protection and Restoration Fund; and

(3)

Any additional money made available from any sources for the purposes for which the Local Watershed Protection and Restoration Fund has been established.

(CB-45-2013; CB-30-2014)

Editor's note

CR-59-2013 established a schedule of fees to be collected as part of the Watershed Protection and Restoration Program.