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File #: HCC-119-FY23    Version: 1 Name:
Type: Action Item Status: Passed
File created: 10/28/2022 In control: City Council
On agenda: 11/7/2022 Final action: 11/7/2022
Title: WSSC Water and Sewer Utility Easement
Sponsors: City Administrator
Indexes: Planning & Development
Attachments: 1. WSSC Easement Request, 2. 6538Z18_Approved Sketch#1, 3. Memo - WSSC Public Use Easement - 2022
Related files: HCC-72-FY22

Submitted by: At the Request of the City Administrator

Submitting Department: Community & Economic Development

Agenda Section: Action

 

Item Title:

title

WSSC Water and Sewer Utility Easement

end

 

Suggested Action:

recommendation

I move the Mayor and Council deny the request for a water and sewer utility easement along sections of the northeast quadrant of David C. Driskell Community Park and authorize the City Administrator to provide correspondence to the Washington Sanitary Sewer Commission (WSSC) notifying the agency of the City’s decision.

end

 

Summary Background:

The City has received a request for the granting of a sewer and water utility easement from the Washington Suburban Sanitary Commission (WSSC) via Werrlein Properties, for the utility to perform maintenance of an existing sanitary sewer, which is 12'-15' below grade.  There is no recordation of an existing sewer and water or other public utility easement. 

 

WSSC has determined that if built the proposed development will need to relocate and upgrade the existing sewer line across the property. Werrlein Properties would be responsible for the construction of this new sewer.

 

City Staff has reviewed the request, applicable State code pertaining to WSSC ‘Right of Entry Procedures’ and is recommending denial of this request.  WSSC will still be able to make required repairs without the easement, per the Maryland Public Utilities Code Sections 27-101 and 102 grants the Washington Suburban Sanitary Commission (WSSC) broad authority to make improvements or repairs to water and sewer infrastructure within public roadways, with notification to applicable political subdivisions without reference to a requirement for a public utility easement.

    (a)    The Commission may:

        (1)    enter on a public roadway to install, maintain, and operate the Commission system; and

        (2)    construct a water main, sewer, or an appurtenance of a water main or sewer in a public roadway in Montgomery County and Prince George’s County, subject to the regulation and permit provisions of § 27-102 and 27-108 of this title.

 

 

Next Steps:

No additional action is required.

 

Fiscal Impact:

N/A

 

City Administrator Comments:

Recommend approval.

 

Community Engagement:

N/A

 

Strategic Goals:

Goal 4 - Foster Excellence in all City Operations

 

Legal Review Required?

N/A