[Adopted 11-14-1977 by Ord. No. 143; amended
in its entirety 10-24-1978 by Ord. No. 147]
There is hereby imposed upon each owner of property
connecting to the sewer or such property that is required to be connected
to the sewer system a sewer connection fee, which is a "tapping" fee
as defined in the Act of 1966, February 1, P.L. (1965), No. 581, Section 2053
(53 P.S. § 47053), for each connection to a lateral of the
sewer system at the curbline or property line. Such fee shall be paid
to Silverdale Borough on or before December 31, 1978.
A.
The sewer connection fee imposed upon property used
or to be used for residential or other purposes shall be at the rate
of $1,925, or such other sum as the Borough may fix from time to time,
for each dwelling unit contained therein.
[Amended 12-7-1992 by Ord. No. 237[1]]
B.
The sewer connection fee imposed upon properties used
or intended to be used for commercial or industrial purposes shall
be at the same rate as for residential properties but shall be multiplied
by the assigned equivalent dwelling unit or proposed use of the property
for the commercial or industrial purpose. The point system may be
changed from time to time by action of the Borough Council of the
Borough of Silverdale. The equivalent dwelling unit calculation for
each commercial or industrial use shall be based upon acceptable engineering
standards for the point system.
C.
Property owners within the Borough of Silverdale may reserve sewer capacity in the Borough sewer system by paying to the Borough the sum of $1,100, or such other sum as the Borough may fix by further amendment of this article, for each connection to be reserved, upon such terms and conditions as the Borough shall determine by resolution from time to time. Property owners shall be required to enter into a formal agreement by setting forth such terms and conditions as the Borough Council of Silverdale Borough shall authorize by resolution from time to time. In order to reserve capacity, in addition to paying the sum of $1,100, the property owner desiring to reserve capacity must pay the full sewer rental for connected dwelling units at the rate of $85 per year, or such other sum as the Borough may fix from time to time, prorated from the date capacity is to be reserved, as required by § 260-45 of this article, or such other amount as may be determined by amendment of this article by the Borough Council of Silverdale Borough from time to time. In the event that a property owner fails or refuses to pay two or more quarterly billings for sewer rentals, the capacity reserved shall be deemed terminated, and the Borough shall be free to reallocate that capacity to such other property owners as the Borough shall deem appropriate. The sum of $1,100, less delinquent quarterly billings, shall be refunded to the property owner, who shall have no rights and specifically shall not be entitled to any interest on the sum of $1,100 or portion thereof which is refunded. The Sewer Secretary shall allocate reserved capacity on a first-come, first-served basis. The Borough Council of Silverdale Borough may, by resolution, determine that it is in the best interest of Silverdale Borough to terminate permitting the reservation of capacity in the sewer system or, in the alternative, to declare a moratorium on reserving capacity for such time period or periods as the Borough Council of Silverdale Borough may deem appropriate.[2]
D.
Any property owner who has previously paid a sewer
connection fee and wishes to abandon the use of any or all of the
equivalent dwelling units of sewer capacity for which a connection
fee has been paid may do so upon request under the following terms
and conditions:
[Added 2-3-1986 by Ord. No. 182]
(1)
The equivalent dwelling unit(s) of sewer capacity
being released by the property owner shall be reallocated for use
by other property owners.
(2)
No sewer rental fees shall be charged for the equivalent
dwelling unit(s) that are released.
(3)
If a property owner wishes to reconnect to the sewer
system a property previously connected to the system and capacity
in the system is available, the reconnection fee shall be the difference
between the sewer connection fee in effect at the time of the reconnection
and the sewer connection fee originally paid for that property, provided
that proof of payment of the previous sewer connection fee for the
specific property being reconnected is presented to the Borough at
the time of the request for reconnection.
There is hereby imposed upon each property served
by the sewer system and having use thereof available, whether or not
a connection has been made, an annual sewer rental, commencing January
1, 1979, payable as hereinafter provided, for the availability or
use, or both, whether direct or indirect, of the sewer system, based
on the rates hereafter set forth.
[Amended 12-29-1980 by Ord. No. 153; 12-28-1981 by Ord. No.
163; 12-29-1986 by Ord. No. 184; 12-28-1987 by Ord. No. 198; 12-27-1990 by Ord. No. 224]
All owners of property connected to the sewer
system shall pay the Borough sewer rentals as follows:
A.
Dwelling units. Each dwelling unit in a double house,
in a row of connecting houses, an apartment, or a mobile home shall
be classified and billed as a separate dwelling unit. Any room, group
of rooms, house trailer, enclosure, or the like occupied or intended
for occupancy as separate living quarters by a family or other group
of persons living together or by a person living alone shall be classified
and billed as a separate dwelling unit. The sewer rental for dwelling
units shall be established by resolution of the Borough Council from
time to time.
[Amended 12-30-1991 by Ord. No. 229[1]]
B.
Commercial and industrial establishments. All owners
of commercial and industrial establishments in the Borough connected
to the sewer system shall pay sewer rental based upon a determination
made by the Borough Engineer using acceptable engineering concepts
and data, some of which may be provided by the user. In the event
that the Borough determines that meters may be used on commercial
or industrial establishments, a separate rate resolution will be passed
fixing the charge.
C.
Surcharge for excess-strength sewage and industrial
waste. Industrial establishments discharging domestic sewage and industrial
wastes to the sewer system having an average five-day biochemical
oxygen demand (BOD) greater than 200 parts per million (ppm) and a
suspended solid content greater than 250 ppm and ammonia as nitrogen
(30 mg/l) and phosphate as PO4 (15 mg/l) shall
pay a strength-of-waste surcharge in addition to applicable volume
charges. Such surcharge shall be calculated by the Borough Engineer
using acceptable engineering standards and data and criteria of the
Department of Environmental Protection or the Bucks County Board of
Health, or both. The Borough shall add in an itemized form a percentage
of the surcharge and any costs for sampling and testing required by
the Borough Engineer to determine the strength of the discharge, which
shall be added to the next regular billing from the Borough to the
industrial user responsible therefor.
When directed by the Borough, industrial establishments
and high-density residential users shall install, pay for and maintain
a manhole and other devices as may be approved by the Borough to facilitate
observation, measurement, and sampling of wastes discharged to the
sewer system. The Borough or its duly authorized representative shall,
at all reasonable times, be permitted to enter upon any and all properties
for the purpose of inspecting, observing, measuring, and sampling
wastes discharged to the sewer system. Any industrial development
or high-density residential user that desires to connect to the sewer
system or which is connected to the sewer system and plans to change
its operations so as to materially alter the characteristics and volumes
of wastes discharged thereto shall notify the Borough, in writing,
at least 10 days before making such connection or changing its operations.
If such notice is not given, the industrial establishment or high-density
residential user shall bear all costs incurred by the Borough in locating
this noncomplying discharge source and all costs resulting from damage
to equipment or from changes in the treatment operations as a result
of this discharge.
Commencing January 1, 1979, sewer rentals shall
be paid quarterly, and quarterly billings for sewer rentals shall
be made by bills dated the first day of January, April, July and October
of each year. All bills shall be due and payable on their respective
dates.
A.
Quarterly charges for sewer service shall be subject
to 10% penalties if not paid within 30 days after the date of the
bill. If not paid within 90 days after becoming due, the Borough shall
have the right to cut off sewer service from the delinquent premises
and not to restore the same until all delinquent bills against the
same and the cost of cutting off and restoring service shall have
been paid.
B.
All persons connected to the sewer system must give
the Borough their correct address. Failure to receive bills will not
be considered an excuse for nonpayment nor permit an extension of
the period during which bills are payable at face.
C.
Payments made, as evidenced by the United states Post
Office mark, on or previous to the end of the period during which
the bills are payable at face will be deemed to be a payment within
such period.
D.
All sewer rentals, together with all penalties thereon,
not paid on or before 90 days from the date of each bill shall be
deemed to be delinquent. All delinquent sewer rentals and all penalties
thereof shall be a lien on the property served and may be entered
as a lien against such property in the office of the Prothonotary
of Bucks County and shall be collected in the manner provided by law
for the filing and collection of such liens.[1]
The Borough reserves the right to and may from
time to time adopt, revise, amend and readopt such rules and regulations
as it deems necessary and proper for the use and operation of the
sewer system, and all such rules and regulations shall be and become
a part of this article.
This article shall be designated as the "Sewer
Rate Ordinance of Silverdale Borough.”
