11.160.020 Procedures.
(a) All requests for transfers of authorizations must be made by the property owner or a prospective property purchaser, in writing, prior to the expiration of the authorization period (as extended, if applicable). This written request should be submitted to the Secretary of the Commission at the Richard G. Hocevar Building, 14501 Sweitzer Lane, Laurel, Maryland 20707.
(b) The request must be accompanied by proper documentation of property ownership:
(1) A new property owner must submit a copy of the executed contract of sale and a certified copy of the deed which is recorded among the land records of the appropriate county.
(2) A prospective purchaser must submit a copy of an executed conditional sales contract and also a certified copy of the deed when it is recorded among the land records of the appropriate county.
(3) If the property has been obtained by foreclosure or by a tax sale, a certified copy of the appropriate final court decree must be attached.
(c) The request for transfer must be signed by both the proposed transferor (the old property owner who is the holder of the authorization or the contract seller) and the proposed transferee (the new property owner who is seeking the authorization or the contract purchaser). This shall not apply in those circumstances where the property is obtained by foreclosure or tax sale.
(d) The transferee (new property owner or contract purchaser) must submit a statement concerning plans for use of the property.
(e) If the prospective use of the land is the same as that specified in the authorization, the Reports Section will review the statement to determine whether any technical, engineering or financial factors require a revision. If none exist, a recommendation to transfer the authorization will be made to the Commission. If any technical, engineering or financial factors require a revision, the Reports Section will update the water and sewer costs analysis to reflect the changes that have occurred since the original authorization was approved, and then the recommendation to transfer the authorization will be made to the Commission. The new authorization would be for a period of six months from the date of Commission approval of the transfer and would be subject to the financial constraints and conditions in effect at the time of transfer.
(f) If the property owner or prospective purchaser proposes to use the land in a different manner than specified in the authorization, a complete new engineering report will be required and the applicant must bear the cost of this report. The new engineering report will require Commission approval.
(g) All transfers of authorizations must be consistent with the allocation procedures in effect in the county where the property is located at the time the Commission approves the request for transfer.
(h) It is the policy of the Commission to give due regard to the merits of each request for transferring of authorizations provided that such request complies with the procedures herein, and that the request complies with all the rules and regulations of the Commission and extant policies concerning water and sewer authorizations promulgated by state and local officials. (Amended during 2019 codification; L 76-01)