[Adopted 5-14-1979 by Ord. No. 1058]
Definitions of particular words and phrases
used shall have the following meanings:
One or more rooms intended to be occupied by one family as
separate living quarters, containing sanitary facilities and kitchen
facilities and having outside access directly from the dwelling unit
or through a common hall.[1]
[Amended 4-8-1996 by Ord. No. 1279]
237.6 gpd, representing the design capacity required by a
new residential sewer customer calculated by multiplying 90 gallons
per capita per day times 2.64, the average number of persons per household
for Lancaster County, Pennsylvania, reported by the U.S. Census for
the year 2000 and used for purposes of calculating tapping fees.
[Added 6-13-2005 by Ord. No. 1404]
Every industrial, commercial or other usage of property having
a wastewater discharge other than domestic waste.
[Added 6-13-2005 by Ord. No. 1404]
The charge per household value for residential uses or the
charge per gallon for nonresidential uses as adopted from time to
time by resolution of Borough Council.
[Amended 4-8-1996 by Ord. No. 1279; 6-13-2005 by Ord. No.
1404]
The charge made for authorization to connect to the sanitary
sewer system.[2]
[Amended 6-13-2005 by Ord. No. 1404]
[1]
The former definitions of “EDU”
and “flow rate per EDU,” as amended, which definitions
immediately followed this definition, were repealed 6-13-2005 by Ord.
No. 1404.
[2]
Editor's Note: Original Sec. 1.50, Service
to Large Area-Connection Fee, which immediately followed this definition,
was deleted 4-8-1996 by Ord. No. 1279.
[Amended 4-8-1996 by Ord. No. 1279; 4-12-1999 by Ord. No. 1323; 6-13-2005 by Ord. No. 1404]
After the passage of this article, every dwelling,
building, structure or use within or outside the Borough of Ephrata
desiring to use the sanitary sewerage facilities shall be required
to secure the appropriate approval and pay the corresponding fees
as developed herein.
A.
The capacity fee for each new residential use shall
be established from time to time by resolution of the Borough Council
and shall be based upon the household value established for the use
or uses of the property.[1]
[1]
Editor's Note: The current fee schedule is
on file in the office of the Borough Manager.
C.
The capacity fee shall be determined for every nonresidential
use of property, which fee shall be established from time to time
by resolution of the Borough Council.[3] The anticipated flow rate to be monitored during actual
operation shall be based upon a measure of actual gpd of wastewater
flow.
[3]
Editor's Note: The current fee schedule is
on file in the office of the Borough Manager.
[Added 6-13-2005 by Ord. No. 1404]
All sewer capacity, whether purchased for existing
usage or purchased as reserved capacity, is property specific and
may not be sold or transferred in whole or in part to serve any other
property, provided that sewer capacity may be allocated by its owner
among multiple uses on the same property for which the sewer capacity
has been purchased.
[Amended 4-8-1996 by Ord. No. 1279]
For every dwelling, building or structure to
be connected to the sanitary sewer system, there shall be a connection
fee imposed.
[Added 10-14-1996 by Ord. No. 1289]
[Added 10-14-1996 by Ord. No. 1289]
A.
The capacity component of the tapping fee payable
by each property owner for a connection permit to the sewer system,
and by each landowner who is required to connect to said system, shall
be established from time to time by resolution of Borough Council.
[Amended 12-11-2000 by Ord. No. 1341; 6-13-2005 by Ord. No. 1404]
B.
For nonresidential uses and properties, the regional
facilities part shall be based upon the estimated gpd of wastewater
flow of the landowner’s property, as determined by the Borough’s
Engineer.
[Amended 6-13-2005 by Ord. No. 1404]
C.
Additional regional facilities parts. An additional
regional facilities part is hereby imposed upon any user who shall
expand, change or intensify the use of property connected to the sewer
system upon the expanded, changed or intensified portion of such use.
Examples of such expansion, change or intensification use shall include,
but not be limited to, the installation of an additional dwelling
unit or units in an existing dwelling or the commencement of a home
occupation which requires use of the sewer system, such as a beauty
salon or barber shop, the conversion of a warehouse to a restaurant
or manufacturing facility or the adding of a third work shift to an
industrial processing operation. An additional regional facilities
part is also hereby imposed upon each user of the sewer system, applicable
to the increase in flow from the property of such user, whenever there
has been a substantial increase in flow from such property, which
is hereby defined to mean an increase of water used by any property
exceeding 500 gallons per day, on the basis of average daily flow
over one calendar year.
D.
The regional facilities part shall not be charged
for the reoccupancy of vacant buildings where flows have temporarily
been reduced or eliminated.
E.
The regional facilities part shall be payable at the
same time and in the same manner as the existing tapping fee of the
Borough. If, for any reason, any property owner fails to pay the regional
facilities part when due, the Borough Manager and Borough Solicitor
will proceed to enforce collection thereof in the same manner as provided
for other unpaid charges of the Borough, and the Borough shall have
the authority to place a lien on the property pending payment.
[Amended 6-13-2005 by Ord. No. 1404]
F.
Upon payment to the Borough by a landowner of the
regional facilities part and the other parts of the Borough tapping
fee and the connection charges, and when the landowner has fulfilled
all the Borough's other requirements, the Borough shall issue a connection
permit to the landowner. Connection permits shall be valid for a period
of 12 months following the issuance thereof, and shall expire at the
end of such twelve-month period if construction is not commenced or
the connection made within such period.
G.
Upon the expiration of a connection permit and upon
request of a landowner, the Borough will refund of the regional facilities
part paid for such permit. Such refunds must be requested by the landowner
promptly, but in any event not later than six months after the expiration
of a permit. The Borough's procedures under its existing Tapping Fee
Ordinance will govern the disposition of other parts of the tapping
fees collected by the Borough.
[Added 10-14-1996 by Ord. No. 1289; amended 6-13-2005 by Ord. No. 1404]
A.
Any property owner who wishes to reserve capacity
in the regional facilities for a period longer than that provided
under the regular connection permit may do so at any time by filing
an application with the Borough.
B.
Property owners are encouraged to file applications
as early as possible during the process of obtaining zoning and land
development approvals in the Borough. Capacity reservations are independent
of and will provide no indication with respect to the disposition
by the Borough of zoning and land development and use applications.
C.
Capacity reservations are also independent of any
plan supplement or plan amendment of the applicable sewer service
plan adopted under the applicable Sewage Facilities Act (Act No. 537).[1] Any such amendment, supplement or approval given to a
property owner shall not constitute a reservation of capacity for
purposes of this article, and any document issued for purposes of
said Act shall expressly state that no reservation of capacity in
the regional facilities shall arise, except upon compliance by the
user with the provisions of this article.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
D.
Applications for capacity reservations shall be in
writing (in six copies) and shall provide the following data:
(1)
Location of the land proposed for development
or use, including the specific tax parcel and parcel account identification
numbers.
(2)
Proposed type of development or use.
(3)
For development involving residential dwellings,
the estimated number of dwelling units proposed for construction.
(4)
For development involving nonresidential establishments,
the estimated gallons per day of sewage flows expected from the proposed
development, including average daily flows and peak flows.
(5)
For development or use involving industrial
users, the estimated gallons per day of sewage flows expected from
the proposed development or use, and the expected biological and chemical
properties of the wastewater flows expected from the proposed development
or use. Projections of average loading conditions and peak loading
conditions must be provided.
(6)
The proposed timetable for use of the regional
facilities.
E.
If the request for allocation of capacity is for 2,500
gpd or less, the Borough shall review the property owner’s request
and, if acceptable to the Borough, the Borough may approve the request.
The approval by the Borough shall be presented to the IMG at its next
regularly scheduled meeting to serve as notification that the Borough
has issued an allocation of capacity.
F.
If the request for allocation of capacity is for more
than 2,500 gpd, the Borough shall review the property owner’s
request and, if acceptable to the Borough, the Borough shall present
the request to the IMG as a request for an allocation of capacity.
G.
The Borough will use its best efforts to review and
take action on each application for capacity reservation within 90
days after a complete application has been submitted; provided, however,
that the failure of the Borough to act in a timely manner shall not
render the request approved. Promptly, upon completion of such review
and action, the Borough will forward the applications to the IMG for
either its approval or as notification in those instances where the
Borough has approval authority.
H.
Within 60 days after approval by the Borough and/or
the IMG, the Borough will enter into a reservation agreement with
the property owner. If no agreement is executed within 60 days of
the date of approval of the allocation of capacity, the allocation
of capacity shall be void. Concurrently with the execution of the
agreement, the property owner shall pay the regional facilities part
of the tapping fee to the Borough. Reservation agreements will extend
for an initial term of three years.
I.
Reservation agreements will provide for a refund of
the regional facilities part in the event that, because of legal restrictions
or other events beyond the control of the Borough or the IMG, it becomes
impossible to provide the capacity reserved. Such refunds shall be
made without interest. The Borough and the IMG shall have no further
liability to any landowner as a result of any such restriction or
event.
J.
The approval of the reserved capacity by the Borough
with individual property owners is neither a guarantee or approval
of the proposed development or use nor a guarantee or approval of
service availability for public sewer for the proposed development
or use. Approval for sanitary sewer service may additionally be regulated
by the Borough, as the treatment facility owner, and/or the IMG and/or
state and federal agencies. Regulations, restrictions and court decisions
may prohibit or delay the property owner from receiving final approval
to use all or a portion of the sewage capacity being reserved.
K.
The reservation agreements may contain such other
provisions as the Borough may deem advisable from time to time, which
are not inconsistent with the provisions of this article or the IMG
resolutions.
[Added 10-14-1996 by Ord. No. 1289]
A.
The proper Borough officials are hereby authorized
and empowered to take all such action, execute such documents and
pay such expenses as may be necessary in order to implement the provisions
of this article.
B.
All ordinances or parts thereof inconsistent herewith
are hereby repealed to the extent of the inconsistency.
C.
This article shall become effective and be in force
after its enactment on November 1, 1996.
[Amended 4-8-1996 by Ord. No. 1279]
For every sewer service allowed outside of the
Ephrata Borough limits, the following fee schedule[1] and regulations shall apply:
A.
Ephrata Borough will provide sanitary sewer connection
to its trunk or interceptor lines for properties outside of the Borough
through an agreement with the property owners of properties served
which is approved by the governing body of the other municipality.
B.
Each property connected shall pay a permit fee based
on the number of EDU's to be served at the rate established from time
to time by resolution of the Borough Council.
C.
Each property connected shall pay a connection fee,
which fee shall be established from time to time by resolution of
the Borough Council.
D.
Each property connected shall pay a service connection
fee, which fee shall be established from time to time by resolution
of the Borough Council.
E.
Each property served shall install a properly sized
water meter on its supply with remote reader which shall be purchased
from the EASA at the current price.
F.
Each property so connected shall pay a monthly sewer
charge based on water consumption or other approved measures of actual
discharge as may be determined by the Borough Council from time to
time by rate resolution.
G.
Future action of the Ephrata Township Supervisors
shall not change any part of this agreement without specific approval
of Ephrata Borough Council.
H.
Each property owner shall agree to abide by the regulations
of the Ephrata Plumbing Code[2] and the regulations of the Pennsylvania State Department
of Environmental Resources (DER). Customers will not permit injurious
material and/or substances to be discharged to the sewer system and
will allow inspection by Borough representatives of premises as it
relates to sewers and sewage discharge.[3]
[1]
Editor's Note: The current fee schedule is
on file in the office of the Borough Manager.
[Amended 4-8-1996 by Ord. No. 1279; 6-13-2005 by Ord. No. 1404]
The Borough Manager is responsible for the enforcement
of this article. It is the duty of the property owner to comply with
the provisions of this article. Any owner or other person failing
to comply with the provisions of this article and who illegally make
connections or fail to obtain a permit for service shall be subject
to a termination of service and such other legal remedies available
to the Borough in law or in equity. In the event any property owner
shall fail to pay any fee as set forth in this article, the Borough
shall have the authority to place a lien on the property pending payment.
