Borough of Millersville, PA
Lancaster County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Millersville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 150.
Hazardous wastes — See Ch. 200.
Rental property — See Ch. 290.
Stormwater management — See Ch. 315.
Streets and sidewalks — See Ch. 320.
Subdivision and land development — See Ch. 325.
Trailers and trailer parks — See Ch. 341.
Zoning — See Ch. 380.
Fees — See Ch. A395.
Attachment 1 - Exhibit A, Act 57 Tapping Fee Report, Wastewater Attachment 2 - Exhibit B, Design of Grease Interceptor and Sampling Chamber
[Adopted 2-23-1993 by Ord. No. 1993-4]

§ 305-1 Definitions.

[Amended 12-28-1993 by Ord. No. 1993-21; 4-17-2001 by Ord. No. 2001-2]
Unless the context specifically and clearly indicates otherwise, the meanings of terms and phrases used in this article shall be as follows:
AUTHORITIES ACT
The Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended.
[Amended 1-27-2009 by Ord. No. 2009-1]
BOROUGH
The Borough of Millersville.
COMMERCIAL UNIT
Each improved property which is separately connected to the sewer system, with the exception of residential units, Millersville University and Manor Township. This definition is intended to include but not necessarily be limited to hotels, schools, with the exception of Millersville University, churches, fire halls and ambulance facilities.
CONNECTION FEE
A fee, based upon the Borough's cost of connection to the Borough's sewer system, including the Borough's fees and costs incurred in the inspection of such connection, for each service connection to the Borough's sewer main.
CUSTOMER FACILITIES FEE
A fee, based upon the Borough's cost of connection, including the Borough's fees and costs incurred in the inspection of such connection, for each connection of a customer facility line to the service connection.
CUSTOMER FACILITY LINE
That part of the sewer line extending from the outer building wall or foundation wall of a building or structure to its connection with the service connection.
DEVELOPMENT
Any man-made change to improved or unimproved property, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
EPA
The United States Environmental Protection Agency or any agency successor thereto.
[Added 11-25-2014 by Ord. No. 2014-6]
GENERATOR
A facility that causes, creates, generates, stores or otherwise produces wastewater from on-site process operations, whether domestically or commercially generated.
[Added 11-25-2014 by Ord. No. 2014-6]
IMPROVED PROPERTY
Any property within the service area upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL WASTES
Any and all wastes discharged from an industrial establishment, other than sanitary sewage.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
An individual, a partnership, a company, an association, a society, a trust, a corporation or other group or legal entity.
PROPERTY
Real estate within the Borough.
RESIDENTIAL UNIT
Any room or group of rooms located within a dwelling wholly or partly used or intended to be used for living, sleeping, cooking and eating by humans.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any improved property.
SERVICE AREA
The area served by the sewer system.
SERVICE CONNECTION
That part of the sewer line extending from the Borough's sewer main to a curb stop at the curbline or, if there shall be no curbline, at the edge of the street abutting the property affected.
SEWER SYSTEM
All facilities owned or controlled by the Borough for use in the collecting, pumping, transporting, treating and disposing of sanitary sewage, all connections therewith, and all property, real, personal and mixed, appurtenant to, used or useful in connection with all or any part thereof.
STREET
Any street, road, lane, court, cul-de-sac, alley, public way or public square.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development.
TAPPING FEE
A fee imposed to enable the recovery of the equity in the sewer system, which shall be composed of a capacity part and a collection/conveyance part and may, in the future, if warranted, include for some customers a special purpose part and/or a reimbursement part. A tapping fee shall be considered the fee referred to as a "tapping fee" in the Authorities Act.

§ 305-2 Connection to sewer system.

[Amended 1-27-2009 by Ord. No. 2009-1]
After the effective date of this article, the owners of all properties connected to the sewer system shall be required to remain connected. The owners of all unconnected improved properties to which the sewer system is now or hereafter becomes accessible shall be required to make application to connect to the sewer system. The sewer system shall be considered accessible if the improved property abuts or adjoins any street in which there is a sewer main which is part of the Borough's sewer system or, although an improved property may not abut or adjoin, if any part of the improvements erected on such property shall be within 100 feet of such sewer main and if the ground floor thereof may be drained by gravity into the sewer by way of any public or private street, alley or available right-of-way. The Borough shall have the right, in its discretion, to determine whether it is desirable or advisable to permit connections to the sewer system, all of which shall be at the property owner's expense; and no person shall use or make connection, repair or replacement to the Borough's sewer system without first applying for and obtaining a permit from the Borough and paying all applicable fees. Each premises shall have its own individual customer facility line and service connection. Each unit in a double house shall be considered as a separate premises. Except as otherwise provided in this article, each improved property shall be connected separately and independently to the sewer system. Grouping of more than one improved property on one customer facility line or service connection shall not be permitted. Connections shall be at the place designated by the Borough.

§ 305-3 Application; when connection to be made.

A. 
The Borough Manager shall give each owner of property required to be connected to the sewer system notice of this article and notice to make application to connect to the sewer system within 15 days. No property shall be connected to the sewer system until the property owner:
(1) 
Completes a sewer service application, agreeing to pay all lawful charges for sewer service to such property [whether or not occupied by the applicant(s)], so long as the applicant(s) remain the owner(s) thereof and thereafter until the applicant(s) shall give written notice to the Borough of a change of ownership and the name(s) of the new owner(s).
(2) 
Receives approval of the sewer service application from the Borough.
(3) 
Pays the Borough the appropriate connection, tapping and customer facilities fees within 10 days of the date of the Borough's invoice for these fees. If the appropriate fee payment is not received within 10 days, the sewer service application shall become null and void.
B. 
Upon approval of the application and receipt of the payment of all fees, the Borough shall issue a permit to connect to the sewer system. The applicant shall make such connection within 30 days of the issuance of such permit, and in the case of new construction prior to occupancy, and shall give the Borough Manager at least 24 hours' notice of the time when such connection shall be made. Failure of such owner to comply with any of the time periods established in this section shall constitute a violation of this article.

§ 305-4 Workmanship and materials; indemnification of Borough.

A. 
No connection, repair or replacement shall be made to any part of the sewer system except:
(1) 
By or on behalf of the person, firm or corporation named in the permit.
(2) 
In accordance with all other applicable Millersville Borough ordinances, including but not limited to the Pennsylvania Uniform Construction Code (Chapter 150, Article II) and the Street Opening Ordinance (Chapter 320, Article I).
[Amended 1-27-2009 by Ord. No. 2009-1]
(3) 
In a good and workmanlike manner in accordance with recognized standards of good plumbing practice.
B. 
Every excavation done pursuant to this article shall be guarded adequately with barricades and lights to protect all persons and property from injury or damage. Any street, sidewalk or other public property disturbed in the course of such work shall be restored, at the cost of the owner of the improved property being connected or otherwise involved, in a manner satisfactory to the Borough.
C. 
The Borough may require any reasonable test of tightness of joints to be made at the expense of the owner.
D. 
Any work rejected by the Borough for failure to conform to the requirements hereof shall be remedied and replaced at the expense of the owner of the property so that it shall meet with the approval of the Borough as being in conformity with the requirements hereof. Any and all work within the lines of any street and up to the curb stop shall be done by a qualified plumber.
E. 
Owners performing or on whose behalf such work is performed shall indemnify and save harmless the Borough from all loss or damage which may result directly or indirectly from such work.

§ 305-5 Grease and industrial waste.

[Amended 7-23-1996 by Ord. No. 1996-6; 11-25-2014 by Ord. No. 2014-6]
Floor drains must be provided with grease interceptors, pursuant to the requirements of § 305-21 of this article. The Borough Manager may require owners of premises discharging industrial wastes which disrupt or impede or in any way impair the sewer system or its treatment of sewage to give such waste special treatment, at the expense of such owners, to make it acceptable in the sewer system before discharging into the sewer system.

§ 305-6 Maintenance of facilities; action upon failure to comply.

All flow meters and all parts of and connections with customer facility lines shall be maintained and repaired at the cost of the owner(s) of the property served thereby, subject to the Borough's directions, approval and inspection. If any customer facility line or appurtenance thereof shall be found to leak, and the property owner shall not procure its immediate stoppage or repair; or if a meter shall be found to register defectively, and the owner shall not immediately agree, in writing (in such form as may be prescribed by the Borough), to pay for its replacement or repair; or if any owner shall fail to pay the agreed cost of such meter repair within 60 days after the same is billed; or if any property owner or occupant shall prevent or obstruct the inspection of sewer pipes, meters, connections or facilities, the Borough may forthwith shut off such owner's or occupier's sewer service; and the same shall be restored only upon remedying of the cause of shut off and paying all costs of shutting off and restoring service.

§ 305-7 Inspections.

The Borough shall have the right, so long as any property is connected to the sewer system, to enter upon all parts of the property in which sewer connections, pipes or facilities are located, at all reasonable hours, to inspect the same and the use thereof.

§ 305-8 Connection fee.

There is hereby imposed and fixed upon the owner of each property connecting a service connection to the Borough's sewer main after the effective date of this article a connection fee for each such connection in the amount of the actual cost of the inspection. In the event that a connection does not pass inspection, the actual cost of each subsequent inspection until and including a final successful inspection shall be added to the connection fee and borne by the owner.

§ 305-9 Customer facilities fee.

There is hereby imposed and fixed upon the owner of each property making a connection of a customer facility line to the service connection after the effective date of this article a customer facilities fee for each such connection in the amount of the actual cost of the inspection. In the event that a connection does not pass inspection, the actual cost of each subsequent inspection until and including a final successful inspection shall be added to the connection fee and borne by the owner.

§ 305-10 Tapping fee.

[Amended 4-17-2001 by Ord. No. 2001-2]
The owner of each property making a connection to the sewer system or expanding the use of the sewer system shall pay a tapping fee in accordance with the provisions of Article II of this chapter.

§ 305-11 Payment of fees.

All tapping, connection, and customer facilities fees and charges for sewer service shall be payable to the Borough of Millersville or to such other officer or representative of the Borough as shall be authorized, from time to time, by resolution of the Borough to accept payment thereof.

§ 305-12 Enforcement.

Payment of tapping, connection and customer facilities fees charged by the Borough pursuant to this article shall be enforced by the Borough in any manner appropriate under laws in effect at the time.

§ 305-13 Sewer rental rates.

[Amended 12-28-1993 by Ord. No. 1993-21]
A. 
The quarterly charges for sewer service shall be at the following rates:
[Amended 5-28-2002 by Ord. No. 2002-7; 1-25-2005 by Ord. No. 2005-2; 12-11-2007 by Ord. No. 2007-8]
(1) 
Each residential unit: $110.
(2) 
Each commercial unit: $167.30 for the first 10,000 gallons and $4.50 for each one-thousand-gallon increment or part thereof in excess of the first 10,000 gallons.
(3) 
Millersville University. The sewer rental rates and debt service shall be in accordance with agreements from time to time in effect between the Borough and Millersville University.
(4) 
Manor Township. The sewer rental rates and debt service shall be in accordance with agreements from time to time in effect between the Borough and Manor Township.
B. 
Where two or more uses (i.e., residential and commercial) are combined on one premises, the amount and number of uses shall be determined by the Borough. For these combined premises, the first 10,000 gallons shall be at the residential rate, and the second 10,000 gallons shall be at the commercial rate. All consumption in excess of 20,000 gallons shall be at the consumption rate for commercial units over 10,000 gallons.
C. 
Charges shall accrue upon all property required to be connected to the sewer system regardless of occupancy; provided, however, that, after a connected unit has been vacant and unoccupied for one whole quarterly billing period, the Borough Manager may relieve it from further charges during its continued vacancy if all water supply to the unit shall be shut off satisfactory to the Manager.

§ 305-14 Payment of sewer rates; delinquent bills; staggered billing.

[Amended 9-27-2016 by Ord. No. 2016-09]
All charges for service at the aforesaid sewer rates shall be due and shall be billed at the end of each quarter and, if not paid within 30 days after the date of the bill, shall be subject to a penalty of 10%. Charges and penalties not paid within 60 days after the date of the bill shall be considered delinquent, at which point interest at the rate of 6% per year (in addition to the penalty) shall be added to the charges and collected as part thereof. Sewer service may be cut off from the delinquent property in accordance with applicable law and not be restored until all delinquent bills against the same, together with cost of shutting off and restoring service, shall have been paid. The Borough may, for convenience, treat any three-month period as a billing quarter and may end billing quarters in different months for various customers.
A. 
In the event that the Borough institutes a civil action to collect delinquent sewer rates, the property owner shall be responsible for all costs arising out of the civil action, including but not limited to filing fees and the costs of service of process (whether by certified mail or other means).
B. 
Each property owner shall be responsible for all costs which the Borough incurs in filing a municipal lien to secure payment of delinquent sewer rates, including but not limited to certified mail charges for notification of intent to include attorneys' fees in the amount of the municipal lien, attorneys' fees, and filing fees.
C. 
Each property owner shall be responsible for all costs which the Borough incurs in requesting that the public water service provider terminate water service for nonpayment of sewer rates, including but not limited to certified mail charges for notification of intent to terminate water service, fees relating to termination and restoration of water service, and lost revenue charges of the water service provider.

§ 305-15 Unlawful acts.

After the enactment of this article, it shall be unlawful for any person:
A. 
To maintain, use or permit to exist or to be used on any property connected to the sewer system, or to be connected to, any cesspool, privy, vault, sinkhole, septic tank or similar receptacle for the disposal of sanitary sewage, except as permitted by appropriate authority.
B. 
To discharge sanitary sewage from the inside of any building or structure by any means other than the sewer system.
C. 
To establish or permit to exist any connection to the Borough's sewer system from any cesspool, privy or other receptacle for sanitary sewage.
D. 
To place or deposit or permit to be placed and deposited upon public or private property or in the manholes of the sewer system within the Borough any sanitary sewage, provided that sanitary sewage may be accepted at the sewage disposal plant for processing under such conditions and for such fees as the Borough Council may prescribe.
E. 
To cover over work involved in any connection, repair or replacement mentioned in this article before it is inspected and approved by the Borough.
F. 
To permit stormwater or groundwater or drainage other than sanitary sewage to enter or infiltrate into the sewer system; and no fixtures, joints, or connections which allow such entry shall be permitted.
G. 
To install drainage fixtures, in addition to those installed upon initial connection with the sewer system, on any premises without a permit from the Borough, which permit shall be issued without charge.
H. 
To place, deposit or permit to be placed or to be deposited upon public or private property within this Borough, from any improved property, any sanitary sewage or industrial wastes, except as provided in this article.
I. 
To connect any privy, vault, cesspool, sinkhole, septic tank or similar receptacle upon any improved property at any time with the sewer system of the Borough.

§ 305-16 Violations and penalties; hearings.

[Amended 7-25-1995 by Ord. No. 1995-5; 1-27-1998 by Ord. No. 1998-1]
A. 
Any person, firm or corporation (whether owner, occupier, plumber or other responsible person, firm or corporation) who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs, including the Borough's reasonable attorneys' fees, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate violation, and each section violated shall constitute a separate violation. If any violation shall not be corrected within 10 days after notice from the Borough served on the property, the Borough may either:
[Amended 11-25-2014 by Ord. No. 2014-6]
(1) 
Enter upon the property and correct the defect or make the necessary connection and charge the cost thereof against the owner or owners of the property and collect the same by lien or suit;
(2) 
Take legal action to compel the owner or owners or occupier or occupiers to correct the defect or make any required connection;
(3) 
Enter upon the property and shut off sewer and/or water service and restore the same only upon payment of the cost of shutting off and restoring service and of any work done by the Borough; or
(4) 
Pursue any or all of its remedies cumulatively.
B. 
Any party aggrieved by an "adjudication," as that term is defined in the Local Agency Law, 2 Pa.C.S.A. § 101 et seq., may request a hearing by the Borough Council if no other hearing procedure exists. The request shall be in writing, shall reasonably describe the decision, determination, ruling or other adjudication in question and the basis for disagreement with it, shall be signed by the person or persons aggrieved and contain the addresses and telephone numbers of the persons claiming to be aggrieved and shall be filed with the Borough Manager. The request shall be filed within 30 days of the date the party knew or reasonably should have first known himself or herself to be aggrieved. The Council shall schedule a hearing and give reasonable notice thereof to all persons who have requested a hearing. The procedure shall thereafter be in accordance with the Local Agency Law.

§ 305-17 Abatement of nuisances.

The use or occupancy of any building or the use or maintenance of any cesspool, privy, or similar receptacle or device in violation of this article is hereby declared to be a public nuisance and, in addition to any other remedies available, may be abated by the Borough in such manner and by such officers as the Borough Council may direct at the cost of the owners or occupiers of the property.

§ 305-18 Borough extensions of sewer system.

A. 
The cost and expense of laying out and constructing any and all additions to or modifications of the sewer system as it exists on the effective date of this article shall be assessed against the property benefitted, improved or accommodated by such additions or modifications according to the applicable provisions of the Borough Code then in effect. For the purpose of this article, "property benefitted, improved or accommodated" shall mean any property to which the sewer system is or shall become accessible, as set forth in § 305-2, above, after the construction of such additions or modifications.
B. 
Assessment shall be made by resolution, and 30 days' notice thereof shall be given by the Borough Manager to the owner of each property assessed, or to his agent, or in the absence thereof may be left on the premises.
C. 
The Borough reserves the following rights, to be exercised in its sole discretion:
(1) 
To permit an equitable adjustment of any assessment where any such assessment on the full frontage would be unjust.
(2) 
To provide by ordinance for the payment of the assessment in installments on such terms and under such conditions as the Borough sees fit.
D. 
Nothing contained herein is intended or shall be construed to release, diminish, or in any way abrogate the responsibility of those persons who are subject to Chapter 325, Subdivision and Land Development, to lay out and construct sanitary sewers as provided therein.

§ 305-19 Owner extensions of sewer system.

A. 
In the event that the Borough has determined to construct an extension of the sewer system at the expense of the owner or owners of properties but has not yet undertaken significant action [as set forth in Subsection A(1) of this section] in furtherance of such construction, then the owner or owners of such properties shall have the right to construct such extension himself or themselves or through a subcontractor approved by the Borough, subject to the following:
(1) 
Unless the right to construct such extension shall be waived by the Borough, such owner or owners shall have no right to undertake such construction in the event that the Borough shall have taken any of the following significant actions in furtherance of the Borough's construction of the extension:
(a) 
The obtaining of financing by the Borough for construction of the extension.
(b) 
The execution of a contract for the design and specification of the extension or the making or award of a contract for the construction of the extension, which cannot be terminated by the Borough without obligation and under which the Borough is or shall be obligated to make payment, absent reimbursement of the Borough by such owner or owners for expenses incurred under any such contract and/or assumption by such owner or owners of all obligations under any such contract with a release of liability of the Borough.
(2) 
Any extension of the sewer system to be constructed by an owner or owners of properties at such owner's or owners' expense shall be in accordance with the Millersville Borough Manual For Sewer Extension Construction and shall only be undertaken pursuant to an agreement, upon terms satisfactory to the Borough, which shall provide, without limitation:
(a) 
That the extension shall be constructed in accordance with plans and specifications approved by the Borough.
(b) 
That the extension shall comply in all respects with all laws, ordinances, regulations and rules from time to time in effect and applicable to the construction of the extension of its use.
(c) 
That the extension shall be subject to inspection during construction by an inspector authorized to approve such construction and employed by the Borough.
(d) 
That the owner or owners or their contractors, in advance of construction of the extension:
[1] 
May, at the option of the Borough, be required to deposit with the Borough an amount equal to the reasonable and necessary costs which the Borough estimates it will incur in connection with the construction of the extension, including, without limitation, the cost of reviewing plans and specifications, performing inspections and providing other administrative services, and the reasonable fees of the engineers and attorneys of the Borough; and
[2] 
May, at the option of the Borough, be required to provide the Borough with financial security for the proper completion of construction of the extension, which security shall be acceptable to the Borough and of a type and description as provided in the Municipalities Planning Code, 53 P.S. § 10101 et seq.
(e) 
That, upon completion of construction of the extension, the owner or owners shall dedicate and the Borough shall accept the extension, provided that the extension as completed complies with the approved plans and specifications, all applicable laws, ordinances, regulations and rules, and the terms of agreement made for such extension.
(f) 
That, in the event that the extension provides future excess capacity of the sewer system to accommodate future development upon lands of other owners, then the Borough shall reimburse such owner or owners when the owner of another property not in the development for which the extension was constructed connects a service connection directly to the extension within 10 years of the date of the dedication of such extension to the Borough in accordance with the following:
[1] 
Such reimbursement shall be equal to the collection part of each tapping fee collected as a result of subsequent connection. The Borough shall be entitled to deduct from each reimbursement payment an amount equal to 5%, which shall be deemed to represent the appropriate charge for administrative expenses and services rendered in calculating, collecting, monitoring and disbursing the reimbursement payments to the property owner entitled thereto.
[2] 
Reimbursement shall be limited to those lines which have not previously been paid for by the Borough.
[3] 
The Borough shall, in the preparation of the necessary reimbursement agreement with the property owner or owners for whose benefit reimbursement will be provided, attach as an exhibit an itemized listing of all sewer facilities for which reimbursement shall be provided.
[4] 
The total reimbursement to which a property owner or owners shall be entitled shall not exceed the cost of all labor and material, engineering design charges, the cost of performance and maintenance bonds, Borough review and inspection charges, as well as flushing and television charges and any and all charges involved in the acceptance and dedication of such facilities by the Borough, less the amount which would be chargeable to such property owner based upon the Borough's collection and distribution of tapping fees which would be applicable to all lands of the property owner served directly or indirectly through such extensions if the property owner did not fund the extension.
[5] 
The Borough shall be required to notify, by certified mail, to their last known address, the property owner or owners for whose benefit such reimbursement shall apply within 30 days of the Borough's receipt of any such reimbursement payment. In the event that the property owner or owners have not claimed a reimbursement payment within 120 days of the mailing of the notice, the payment shall revert to and become the sole property of the Borough with no further obligation on the part of the Borough to refund the payment to the property owner or owners.
(g) 
That, upon completion of the extension and application for connection of such extension to the sewer system, the owner or owners shall pay the tapping fee or fees due with respect to their properties as imposed under this article, subject to any rights of reduction to which such owner or owners would be entitled as provided herein.

§ 305-20 Rules and regulations.

The Borough reserves the right to and may from time to time adopt, revise and amend such rules and regulations as it deems necessary and proper for the use and operation of the sewer system.

§ 305-21 Grease interceptors and oil/water separators.

[Added 7-23-1996 by Ord. No. 1996-6; amended 1-27-2009 by Ord. No. 2009-1; 11-25-2014 by Ord. No. 2014-6]
A. 
Grease interceptors and oil/water separators are required of all new commercial and industrial facilities involved in the preparation of food, including but not limited to motels, cafeterias, restaurants, hospitals, schools and other institutions. Oil/water separators are required of vehicle repair facilities and car washes which have floor drains discharging into the sewer system. Existing commercial and industrial facilities may be required to install such interceptors and/or separators when, in the opinion of the Borough's Engineer, they are necessary for the proper handling of liquid wastes containing grease and oil in amounts sufficient to cause obstruction to the flow in the sewer or to interfere with the operation of the wastewater treatment facilities, except that such interceptors and separators shall not be required for dwelling units.
(1) 
The concentration of fats, oils and grease that can be discharged into the sewer system shall not exceed 80 mg/l.
B. 
All interceptors and/or separators shall be of a type and capacity approved by the Borough and shall be located as to be readily and easily accessible for cleaning, inspection and sampling. Such interceptors and/or separators shall be inspected, cleaned and repaired regularly, as needed, by the owner at the owner's expense. In the maintaining of these grease interceptors and/or oil/water separators, the owner shall be responsible for the proper removal and disposal of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by the Borough. Any removal and hauling of the collected materials not performed by the owner must be performed by currently licensed waste disposal firms.
C. 
Grease interceptor sizing and design criteria.
(1) 
Size, type and location of grease interceptors shall be in accordance with the manufacturer's instructions and the requirements of the Borough.
(2) 
Sizing requirements. Sizing methods described herein are intended as guidance in determining grease interceptor sizes that will afford the sewer system a minimum degree of protection against grease and other obstructing materials. In approving a customer's plumbing or grease interceptor design, the Borough does not accept liability for the failure of a system to adequately treat wastewater to achieve effluent quality requirements. It is the responsibility of the owner of the improved property and the generator to ensure the appropriate level of treatment necessary for compliance with environmental and wastewater regulations. Minimum acceptable grease interceptor sizing shall be accomplished as follows:
(a) 
Sizing according to formulas found in § 305-21C(3) below.
(b) 
Under no circumstances should exterior grease interceptors less than 750 gallons be utilized. Where sizing formulas result in determination of a grease interceptor less than 750 gallons in capacity, minimum size is required.
(c) 
In the circumstances of single-service kitchens with no food preparation (heat/service only) and which use only paper service items, a minimum of 50 gallons per minute (gpm) flow-rated or one-hundred-pound grease-retention mechanical grease interceptors may be used. In these instances, the grease interceptor is to be installed in an area separate from the food-handling area, and the grease interceptor must be readily accessible for cleaning and maintenance.
(3) 
Grease interceptor sizing formulas. Sizing of grease interceptors is based on wastewater flow and grease retention capacity. Exterior grease interceptors may be installed in series if greater capacity is needed. It is the responsibility of the generator and the owner of the improved property to ensure that wastewater discharge is in compliance with the Borough's discharge limitations. For the purpose of plan review, a general assessment of grease interceptor design and size will be performed using the following formulas which are recommended by the EPA for grease interceptor sizing.
(a) 
Method 1: EPA grease interceptor sizing formula taken from Chapter 8 of EPA's October 1980 Design Manual: On-site Wastewater Treatment and Disposal System; Document No. EPA 625/1-80-012.
(b) 
Method 2: Uniform Plumbing Code.
(c) 
Method 3: Alternate sizing formulas/proposals. Facilities that propose the use of alternate sizing techniques and/or procedures that result in specifications that differ from calculated requirements must submit formulas and other bases to support proposed grease interceptor size/installation. Submission should also provide documentation of the ability to meet effluent quality requirements. This proposal must be signed by a licensed plumbing contractor or engineer licensed in the Commonwealth of Pennsylvania.
(d) 
Method 4: In cases where the Borough permits indoor grease interceptors, the indoor grease interceptors shall be designed in accordance with the Plumbing and Drainage Institute Standard PDI-G101. Indoor grease interceptors will not be approved for food-service establishments that are equipped with dishwashers or food waste grinders.
(4) 
Construction/installation: All permitting, construction and inspection activities must be completed in accordance with the Uniform Construction Code as adopted by the Borough. Additionally, the following specifications must be incorporated into grease interceptor design:
(a) 
The grease interceptor shall be constructed with a minimum of two chambers or shall have a minimum of two tanks in series. If two-chambered, the dividing wall must extend to within one foot of the bottom of the tank and within two inches of the top and be securely fastened to both sides.
(b) 
There must be inlet and outlet tees installed, made of schedule 40 PVC or other noncarbon steel and noncorroding material such as concrete. The inlet tee should extend down approximately 1/3 the depth of the grease interceptor from the top, and the outlet tee should be located 12 to 18 inches off of the bottom of the grease interceptor. Inability to visually inspect tees during cleanout of the interceptor will require entry into the grease interceptor at least once every five years.
(c) 
Grease interceptors are to be installed at a minimum distance of 10 feet from sinks and dishwashers to allow for adequate cooling of wastewater. Water temperatures must be less than 140° F. prior to entering the grease interceptor.
(d) 
Grease-bearing waste streams should be routed through an appropriate grease interceptor, including: three-compartment sinks, pot/pan sinks, soup kettles, hand-washing sinks, dishwashers, mop sinks and floor drains. Notable exceptions: Drains that receive clear water only, such as from ice machines, condensate from coils and drink stations, may be plumbed to the sewer system without passing through the grease interceptor with the condition that the receiving drain is a hub type that is a minimum of two inches above the finished floor.
(e) 
If deemed necessary by the Borough Engineer, exterior or recessed grease interceptors are to be installed with an effluent sampling chamber. The effluent sampling chamber shall be configured with a hydraulic jump on the discharge side of the grease interceptor. A cleanout shall be provided on the outlet side of the grease interceptor.
(f) 
Grease interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. Interceptors shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
(g) 
Each chamber shall have its own manhole. Manholes shall be finished to grade to allow easy access for proper maintenance.
(h) 
The grease interceptor and sampling chamber shall be designed and constructed in a manner substantially the same as Exhibit B to this section.[1]
[1]
Editor's Note: Exhibit B is included as an attachment to this chapter. Said exhibit was originally titled "Exhibit A" but was redesignated as "Exhibit B" upon codification to avoid confusion with the existing Exhibit A, Act 57 Tapping Fee Report, Wastewater.
(5) 
Oil/water separators shall be of a type and size proposed by the owner and approved by the Borough Engineer prior to installation.
(6) 
Prior to the installation of a grease interceptor or oil/water separator, the owner of the property shall provide the Borough with a sketch that adequately sets forth the specifications of the grease interceptor or oil/water separator. The Borough, after payment of a review fee as set forth from time to time by resolution of the Borough Council, shall promptly review the sketch and determine whether the grease interceptor or oil/water separator meets the Borough's requirements.
D. 
The Borough Council shall adopt additional regulations, when deemed necessary, to implement these requirements or to adopt other standards or specifications for grease interceptors or oil/water separators.
[Adopted 4-17-2001 by Ord. No. 2001-2]

§ 305-22 Short title.

The article shall be known and may be cited as the "Millersville Borough Sewer System Tapping Fee Ordinance."

§ 305-23 Definitions and word usage.

In the interpretation of this article, the singular shall include the plural and the masculine shall include the feminine and neuter. The following terms shall have the meanings indicated:
AUTHORITIES ACT
The Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended and supplemented.
[Added 8-9-2005 by Ord. No. 2005-6]
BOROUGH
The Borough of Millersville, Lancaster County, Pennsylvania.
DWELLING UNIT
Any room, group of rooms, mobile home, building or other enclosure connected, directly or indirectly, to the sewer system and occupied or intended for occupancy as a separate living quarters by a family or any other group of persons living together or by a person or persons living alone. A dwelling unit shall be considered a household or a residential customer, as such terms are used in Section 5607(d)(24) of the Authorities Act.[1] Each dwelling unit shall be considered one EDU.
[Amended 8-9-2005 by Ord. No. 2005-6]
EDU
An equivalent dwelling unit; the amount of wastewater discharged into the sewer system by an average dwelling in a day, which is estimated to be 238 gallons per day, and which figure includes a factor to account for inflow and infiltration. Nonresidential establishments shall be assigned a number of EDUs based upon the estimated or actual wastewater discharged, and each 238 gallons per day of wastewater discharged or estimated to be discharged, together with the factor for inflow and infiltration, shall be considered one EDU, with such wastewater discharge being calculated using the consecutive ninety-day period with the highest discharge.
[Amended 8-9-2005 by Ord. No. 2005-6]
IMPROVED PROPERTY
Any property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure wastewater shall be or may be discharged.
NONRESIDENTIAL ESTABLISHMENT
Any structure or any portion thereof intended to be used, wholly or in part, for the purpose of carrying on a trade, business or profession or for social, amusement, religious, educational, charitable, institutional or public uses or used or intended to be used in the operation of a business enterprise for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article and which contains plumbing for kitchens, toilets or washing facilities, excluding dwelling units.
OWNER
Any person vested with the ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, estate, trust, firm, association, corporation, municipality, municipality authority, school district or any other group or legally recognized entity and the members of such partnership or association and the officers of such corporation.
SEWER SYSTEM
The wastewater collection and conveyance facilities and the wastewater treatment plant owned and operated by the Borough.
TAPPING FEE
A fee imposed to enable the recovery of the equity in the sewer system, which shall be composed of a capacity part and a collection/conveyance part and may, in the future, if warranted, include for some customers a special purpose part and/or a reimbursement part. A tapping fee shall be considered the fee referred to as a "tapping fee" in the Authorities Act.
[Amended 8-9-2005 by Ord. No. 2005-6]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5607(d)(24).

§ 305-24 Connection to sewer system.

All persons desiring to connect an improved property to the sewer system shall comply with all requirements and pay all fees established by Article I of this chapter and any applicable Borough resolutions.

§ 305-25 Imposition of tapping fee.

A tapping fee as set forth in § 305-26 of this article is imposed upon and shall be collected by the Borough from the owner of each improved property who or which shall physically connect such improved property to the sewer system or who or which shall expand, change or intensify the use of an improved property previously connected to the sewer system, for the use of the sewer system, whether such use or the expansion, change or intensification of such use shall be direct or indirect. A tapping fee is charged for each dwelling unit and each nonresidential establishment as set forth in § 305-26.

§ 305-26 Calculation of tapping fee.

A. 
Each owner of improved property shall pay a tapping fee for the use, ability to use, or expansion of use of the sewer system, calculated as follows:
[Amended 8-9-2005 by Ord. No. 2005-6; 11-22-2011 by Ord. No. 2011-6; 11-25-2014 by Ord. No. 2014-6]
(1) 
Capacity part. A fee shall be imposed to recover the cost of capacity-related facilities which provide service to dwelling units and nonresidential establishments as follows:
(a) 
Dwelling unit: $2,216.
(b) 
Nonresidential establishment (for each EDU or portion thereof): $2,216.
(2) 
Collection part. A fee shall be imposed to recover the cost of collection facilities which provide service to dwelling units and nonresidential establishments as follows:
(a) 
Dwelling unit: $2,127.
(b) 
Nonresidential establishment (for each EDU or portion thereof): $2,127.
B. 
In case of a combination of one or more dwelling units, each thereof having use of the sewer system through one connection, each such dwelling unit shall be charged the fee herein provided as though each dwelling unit had a direct and separate connection to the sewer system. Each dwelling unit in a double house, row or connecting houses and in a trailer park or mobile home park shall be considered as a separate entity for the purpose of calculating the tapping fee. In the case of apartment buildings, each apartment shall be considered a dwelling unit, and one tapping fee shall be paid for each dwelling unit within the apartment building.
C. 
The amount of the tapping fee for connection of each nonresidential establishment to the sewer system shall be based upon the number of EDUs attributable to the use based upon estimated water consumption. If necessary, the water consumption shall be estimated by the property owner or property owner's engineer and reviewed by the Borough or the Borough's consulting engineer using standard engineering data and procedures. In no event shall the tapping fee for an improved property be less than the tapping fee for one dwelling unit or EDU.
[Amended 8-9-2005 by Ord. No. 2005-6; 11-25-2014 by Ord. No. 2014-6]
D. 
If an applicant for capacity in the sewer system or an owner of improved property which will expand its use of the sewer system has submitted or shall submit a planning module for land development to the Pennsylvania Department of Environmental Protection or a local agency which has been delegated to approve such planning documents in accordance with Act 149 of 1994,[1] which sets forth the capacity in the sewer system required by the applicant or the owner for the improved property, the amount of the tapping fee shall be based upon the number of EDUs attributable to the use or expansion of the use calculated using the capacity requirement set forth in the Planning Module For Land Development.
[Amended 11-25-2014 by Ord. No. 2014-6]
[1]
Editor's Note: Act 149 of the 1994 amended the Pennsylvania Sewage Facilities Act; see 35 P.S. § 750.1 et seq.
E. 
The tapping fee shall not be charged for the reoccupancy of vacant buildings where flows have temporarily been reduced or eliminated.

§ 305-27 Expansion of use.

Should any owner of any improved property connected to the sewer system expand, change or intensify the use of said improved property, the owner shall pay a tapping fee calculated in the manner set forth in this article upon the expanded, changed or intensified portion of such use of the sewer system by the improved property. Examples of an expansion, change or intensification of the use of an improved property shall include but shall 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 barbershop, the conversion of a warehouse to a restaurant or manufacturing facility, or the adding of a third work shift to an industrial processing operation. A change in sewage flows generated by an improved property of more than 500 gallons per day on the basis of average daily flows over the prior 12 months shall be considered an expansion of the use of the sewer system, regardless of whether the improved property has been enlarged or any new use has been instituted. The Borough may compare current flow rates with flow rates previously approved by means of the payment of the tapping fees or the approval of a planning module for land development or with the last calendar-year average daily flow based on water meter readings for the entire year to determine whether there has been a change in sewage flows exceeding 500 gallons per day, regardless of whether the improved property has been expanded or any new use has been instituted.

§ 305-28 Time of payment of fees.

The tapping fee shall be due and payable at the time application is made to the Borough to make any such connection to the sewer system as provided in Article I of this chapter, or at the time application is made to the Borough for a zoning or building permit, or on the date when the Borough shall connect any such improved property to the sewer system at the cost and expense of the owner when such owner shall have failed to make such connection as required by the Borough pursuant to the provisions of Article I of this chapter, or when the use of an improved property connected to the sewer system is expanded, as the same may hereafter be amended or supplemented, whichever shall occur earlier.

§ 305-29 Fees to be paid to Borough; interest.

All tapping fees shall be payable to the Treasurer of this Borough or to such other officer or representative of this Borough as shall be authorized, from time to time, to accept payment thereof. Tapping fees which are not paid in full when due shall bear interest at the rate of 12% per annum or at the rate of any outstanding debt incurred by the Borough, whichever is greater.

§ 305-30 Fees in addition to other charges.

The tapping fees imposed hereunder shall be in addition to any fees or charges imposed by Article I, Sewer Rates and Regulations, of this chapter or any other fees or charges fixed or imposed by the Borough by reason of the reservation of capacity in the sewer system or the use, or availability for use, of the sewer system.

§ 305-31 Violations and penalties.

Any person who or which shall violate or shall assist or permit any other person to violate any of the provisions of this article shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $1,000; and in default of payment of the fine, such person shall be liable to imprisonment for not more than 30 days.

§ 305-32 Remedies.

In addition to or in lieu of the penalties provided in § 305-31 hereof, the Borough may commence actions to collect fees which are due and payable under this article and/or may file a municipal claim for the unpaid fees, plus costs of collection, including reasonable attorney's fee incurred by the Borough, against the improved property. Any violations of this article may be abated by proceeding against the violator in a court of equity for relief.

§ 305-33 Reservation of rights.

[Amended 8-9-2005 by Ord. No. 2005-6]
This Borough reserves the right, from time to time, to adopt modifications of, supplements to, or amendments of this article. The Borough reserves the right to establish separate service areas which may have a special purpose part and/or reimbursement part of the tapping fee in addition to the capacity part and collection part imposed throughout the sewer system. Where an extension of the sewer system has been made at the expense of a private person, the Borough reserves the right to require payment of a reimbursement part of the tapping fee.

§ 305-34 Report of calculation of tapping fees.

[Added 8-9-2005 by Ord. No. 2005-6; amended 11-22-2011 by Ord. No. 2011-6]
In accordance with the requirements of the Authorities Act, as amended by Act 57 of 2003,[1] a report showing the calculation of the fees imposed by this article is attached hereto as "Exhibit A" and incorporated herein and all prior reports are considered supplemented by such report.[2]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5607.
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.