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
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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.
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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 an...
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