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Be It Enacted and Ordained by the Board of Commissioners of the Town of Emmitsburg, Maryland that Chapter 13.08.090 of the Emmitsburg Municipal Code be, and it hereby is, amended as follows:

The amended section of this regulation reads as follows with new language designated by being in BOLD CAPITAL LETTERS, and language being deleted designated by being stricken through.

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13.08.090 - Sewer service and connection charges.

A. The fee for making connection with any sanitary sewer main and/or sewer system maintained by the town shall be eight thousand dollars ($8,000.00) per residential unit or pursuant to the town's "Water and Sewer Service Allocation Chart" for all other uses payable at the time the building permit is applied for. In addition thereto, there is imposed a surcharge, which is payable at the same time as the connection charge, of three thousand five hundred dollars ($3,500.00) for every residential unit connection, and three thousand five hundred dollars ($3,500.00) for uses other than residential pursuant to the "Water and Sewer Service Allocation Chart." The surcharge shall be for the purpose of funding necessary repairs, maintenance, replacements and improvements to the town sewer collection system. The proceeds of all surcharge payments shall be segregated from other town funds and shall be used for no purpose other than funding the cost of said repair, maintenance, replacements and improvements and the costs associated therewith. No surcharge shall be imposed for any connection for which application is made on or after June 30, 2012.  In addition thereto, the property owner shall pay all costs involved in said connection.

B. In the event said sewer connection is not completed within one year from the date of the obtaining of the permit, said permit to connect with the sewer system shall become null and void and purchase fee, in full, shall be refunded.

C. Any user contracting/agreeing to use two million (2,000,000) gallons or more per quarter for a period of ten years or more may request to negotiate their connection fees with the mayor and commissioners.

(Ord. 08-04: Ord. 04-10: Ord. 04-07 (part): Ord. 04-04; Ord. 02-09 (part): Ord. 01-15 (part): Ord. 01-02 (part): Ord. 00-06 (part): Ord. 98-02: Ord. 96-06: Ord. 90-6 § 1: prior code Art. IX § 9) (Ord. No. 08-10, 12-1-08)

Section II. Be it Further Resolved, Enacted and Ordained that this Ordinance shall take effect on the date on which the Mayor approves the Ordinance after passing by the Board of Commissioners or on the date on which the Board of Commissioners pass the Ordinance over the veto of the Mayor.

for passage August 15, 2011