[Adopted 8-5-2002 by Ord. No. 100]
The Township has determined that the requirement
that property owners and developers in connection with municipal approval
of subdivision and land development plans reserve sanitary sewer system
capacity for future use creates an unreasonable and inequitable economic
burden upon the Township and the existing users of the system. Until
such time as those persons reserving such capacity choose to make
use of such reserved capacity, the Township and ultimately the existing
users of the system are required to amortize the cost of the reserved
facilities. Moreover, such reserved capacity remains unavailable to
other persons who may have immediate need of the same. It is, therefore,
deemed to be in the public interest of the Township, the existing
users of the sewer system, and potential users without reserved capacity,
that persons desiring or required to reserve sewer system capacity
pay a charge designed and calculated to amortize the cost of that
portion of the system allocated to and reserved by them. The purpose
of this article is to provide for the imposition and collection of
such charge to be known as the “reserve rental charge.”
When used in this article, the following words,
terms and phrases shall have prescribed to them the meanings hereafter
set forth:[1]
The corporation, partnership or individual who makes or causes
to be made a subdivision of land, land development or any other manner
of improvement to real property in regard to a tract of land located
within the service area of the Hamilton Township Route 94 Sewer System
and who has requested approval of an application for reservation of
sewer capacity.
The Pennsylvania Department of Environmental Protection or
its successor or authority.
Any corporation, partnership or individual intending to develop
for residential or other purposes a tract of land located within the
service area of the Hamilton Township Route 94 Sewer System.
The person or organization duly employed by the Township
as consultant and authorized to review, inspect and comment on the
information, documentation and work associated with a request for
approval of reservation of sewer capacity by an applicant. In cases
where the Township does not employ a consultant, the word "Township"
is substituted for Engineer throughout this article.
The unit of service by which a charge or charges shall be
imposed upon each property, as determined by this article, which shall
be deemed to constitute the equivalent amount of sanitary sewage discharge
by an average single-family dwelling unit as determined by the Township's
Engineer. The words "dwelling unit" shall mean any room, group of
rooms, house, trailer or other structure or enclosure occupied or
intended for occupancy as separate living quarters by a family or
persons living together or by persons living alone.
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
A group of two or more buildings; or
Division or allocation of land or space between
or among two or more existing or perspective occupants by means of,
or for the purpose of streets, common areas, leaseholds, condominiums,
building groups or other features; or
Any other project requiring the approval of
the Planning Commission and/or the governing body of the municipality
in which the subject land is located pursuant to any act or ordinance.
The planning module for land development required by the
Pennsylvania Department of Environmental Protection under Act 537,
as amended, known as the “Pennsylvania Sewage Facilities Act.”[2]
Any individual, partnership, company, association, society,
trust, corporation or other group or entity public or private.
A subdivision, land development or any other manner of improvement
to real estate being made or caused to be made by and applicant or
developer.
The owner of any improved or unimproved lot or tract of land
within the area to be served by the Township which is not immediately
connected to the sewer system, but which could be connected to such
system.
The volume of sewage capacity allocated to and reserved by
an applicant.[3]
As set forth in § 103-99 of this chapter.
[Added 7-7-2008 by Ord. No. 118]
As set forth in § 103-100 of this chapter.
[Added 7-7-2008 by Ord. No. 118]
All sewers, all pumping stations, all force mains, all sewage
treatment works, and all other sewage facilities owned by or leased
to and operated by the Township for the collection, transportation
and treatment of sanitary sewage and industrial wastes in the Route
94 sewer project area, together with their appurtenances, and any
additions, extensions or improvements thereto. Said term shall also
include sewers within the Route 94 service area which serves one or
more properties discharging into the sewer system even though such
sewers may not have been constructed by the Township and are not owned
or maintained by the Township. It shall not include storm sewers or
culverts, which have been constructed for the sole purpose of carrying
storm and surface runoff, the discharge from which is not and does
not become tributary to the sewage treatment facilities.
The division of a single lot, tract or parcel of land, or
part thereof, into two or more buildable lots, tracts or parcels of
land, including changes in street lines or lot lines for the purposes,
whether immediate or future, of improvement and development.
Hamilton Township, Adams County, Pennsylvania, and its authorized
employees and agents.
The specific purpose for which applicant's/developer's land,
development, subdivision or other improvement to real property is
designated, arranged, intended or for which it is or may be occupied
or maintained.
[1]
Editor's Note: The former definition of “administrative
charge,” which immediately followed, was repealed 7-7-2008 by
Ord. No. 118.
[2]
Editor's Note: See 35 P.S. § 750.1
et seq.
[3]
Editor's Note: The former definition of “reserve
rental charge,” which immediately followed, was repealed 7-7-2008
by Ord. No. 118.
[Amended 7-7-2008 by Ord. No. 118]
A.
Property owners and developers intending to engage
in land development or subdivision in the Township (also referred
to in this section as the applicant) and wishing to reserve sewage
conveyance and treatment capacity in the sewer system for future use
by the occupants of the project may do so by entering into a sewage
capacity reservation agreement as approved by the Township.
(1)
Property owners with approved preliminary or final
subdivision or land development plans and who intend to develop the
property and connect to the sewer system within a year are encouraged,
but not required, to reserve sewage capacity by means of payment of
the tapping fee, rather than through a sewage capacity reservation
agreement. Payment of the tapping fee creates a long-term reservation
of sewage capacity for that property.
B.
The sewage capacity reservation agreement (hereafter
"agreement") shall provide as follows:
(1)
That the Township shall reserve capacity in increments
of EDUs. Fractional EDUs shall not be reserved. Capacity shall only
be reserved for the conveyance and treatment of residential sewage
of normal characteristics as determined by the Township Engineer.
(2)
That the applicant shall pay an initial sewage capacity reservation fee as set forth in § 103-100. This initial payment shall serve to reserve capacity for that number of EDUs for a period of one year. The agreement will not be executed by the Township until the sewage capacity reservation fee is paid.
(3)
That the agreement may be extended for periods of one year or less, upon written request of the applicant and at the sole discretion of the Township. For each year of extension, a sewage capacity reservation fee as set forth in § 103-100 shall be paid for each EDU of capacity to be reserved. An extension for less than one year shall be subject to a proportionate fee.
(4)
Such other terms and conditions as the Township and
applicant shall agree.
C.
Reservation of capacity for sewage of an unusual nature, such as commercial or industrial waste, may be made by special agreement and at the sole discretion of the Township. The determination of the number of EDUs to be reserved for such a reservation shall be determined by the Engineer. The special agreement shall include the provisions set forth in Subsections B(2) and (3) above and may contain such other terms as the Township and applicant shall agree.
D.
The sewage capacity reservation agreement shall not
create an obligation of the Township to provide sewage conveyance
or treatment capacity in excess of the amount reserved or beyond the
current term of the agreement. The Township may refuse to enter or
renew an agreement for any reason, at the sole discretion of the Township,
and the applicant's capacity reservation will then expire on the expiration
date of the agreement.
E.
The sewage capacity reservation fee shall be consideration for entering into the agreement, and no portion of the fee shall be refunded under any circumstance. If the owner constructs land improvements on the tract for which capacity was reserved and connects them to the sewer system, payment of the then-current tapping fee will become due upon application for the connection permit; upon issuance of the connection permit, the provisions of § 103-91 of this chapter shall govern, and the sewage capacity reservation agreement will automatically terminate with no rebate of the reservation fee for any unexpired term.
F.
A reservation of capacity made under this section shall be specific to a described tract of land, consisting of one or more contiguous lots, and specific to the owner or developer executing the sewage capacity reservation agreement. The reservation is nontransferable to a different tract of land or to a new owner or developer, except that the reserved capacity of one EDU may be transferred to a new owner of an individual lot for which capacity was reserved by the prior owner or developer (as described in the agreement), and provided that the lot in question is to be improved and connection to the sewer system made within the term of the current agreement, as evidenced by an approved preliminary or final subdivision or land development plan or an issued or pending building permit. A new owner of property for which a reservation has been made, but without a present intent to connect to the sewer system, may enter into a new sewage capacity reservation agreement by applying to the Township and paying the capacity reservation fee as applicable at the time of execution; the Township may accept or decline a request for a new agreement, as provided in Subsection D above. The Township will not repurchase any reserved capacity that an applicant finds he does not require at the time of application for the connection permit.
G.
Execution of a sewage capacity reservation agreement
by the Township shall not create any property rights or any other
legal or equitable rights in the owner or developer or running with
the land with respect to land development, plan approval, building
permits or any other approval or permit issued by the Township or
any other entity.
I.
Should the sewer system be acquired by another entity,
municipal or private, the agreement shall become void, without rebate
or return of any fees paid.
J.
If the capacity reservation procedures as set forth
in this article are rendered unlawful by an act of the General Assembly,
or so found by a court of competent jurisdiction, the agreements entered
into pursuant to this article shall thereupon become void and sewer
capacity may be reserved by payment of the tapping fee.
[Amended 7-7-2008 by Ord. No. 118[1]]
A.
The sewage capacity reservation fee to be charged
for entering a sewage capacity reservation agreement shall be calculated
as 60% of the current annual average sewage usage charge for residential
customers in the Township. The sewage capacity reservation fee shall
be recalculated by the Engineer at the beginning of each calendar
year for application to sewage capacity reservation agreements entered
into during that year.
B.
The sewage capacity reservation fee shall be charged
for each EDU of capacity to be reserved under a sewage capacity reservation
agreement. The sewage capacity reservation fee is to be paid in full
at the time that the sewage capacity reservation agreement is signed.
The fee may not be secured by bonds, notes or other security in lieu
of payment.
C.
When a sewage capacity reservation agreement is entered
into for a partial year, the sewage capacity reservation fee for that
period of time shall be proportionate to the period of time reserved.
The initial term of an agreement shall be one year; partial years
may be reserved in subsequent extensions, if approved by the Township.
D.
For special (nonresidential) sewage capacity reservation
agreements: If the reserved capacity includes a fractional EDU, the
sewage capacity reservation fee shall be prorated accordingly.
[1]
Editor's Note: This article also repealed
former § 103-101, Rates, as amended, § 103-102,
Administrative charges, § 103-103, Due dates and collection,
§ 103-104, Failure to pay charges, § 103-105,
Adjustments to charges, § 103-106, Adjustments to capacity,
§ 103-107, Cancellation, § 103-108, Assignment
of capacity, § 103-109, Unavailability of capacity, and
§ 103-110, Effective date; applicability, all of which immediately
followed this section.
