[Adopted 10-28-1996 by Ord. No. 478]
A.Â
Section 18 of the Municipality Authorities Act of
1945 empowers municipalities which have created municipal authorities
to signify by appropriate resolution the requirement of the municipality
that the authority convey a project to the municipality. By resolution
adopted December 18, 1995, Borough Council directed Denver Borough
Authority of Lancaster County to transfer its sewage collection and
conveyance system to the Borough. Borough Council took this action
as a result of an intergovernmental agreement dated as of November
1, 1995 (the "regional agreement"), concerning sewage conveyance and
treatment services to be provided at the Ephrata Borough Authority
Wastewater Treatment Plant and a new wastewater treatment plant to
be constructed by Ephrata Borough Authority.
B.Â
In accordance with the regional agreement, all municipalities
and municipal authorities served by the wastewater treatment plant
or plants owned by Ephrata Borough Authority agreed to impose a regional
capacity component in their tapping fees to recover the costs of the
conveyance and treatment facilities shared in accordance with the
terms of the regional agreement. This article provides for the imposition
of the regional capacity component as well as a tapping fee to recover
the Borough's equity in its sewer system.
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:
The fee imposed to recover the Borough's costs in processing
applications, issuing connection permits, conducting required inspections
of facilities installed, and similar matters which shall be established
by separate resolution.
[Added 12-19-2005 by Ord. No. 557]
The Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq., as amended and supplemented.
[Added 12-19-2005 by Ord. No. 557]
The Borough of Denver, Lancaster County, Pennsylvania.
Any structure or any portion thereof intended to be used
wholly or in part of the purpose of carrying on a trade, business
or profession or for social, amusement, religious, educational, charitable,
institutional or public use, and which contains plumbing for kitchens,
toilets or washing facilities, excluding dwelling units.
A fee based upon the actual cost of the connection of the
improved property extending from the Borough's main to the property
line or curb stop of the improved property so connected, including
reasonable costs of inspection and restoration.
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 12-19-2005 by Ord. No. 557]
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 12-19-2005 by Ord. No. 557]
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.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use, in whole or in part, in the operation of a business enterprise
for manufacturing, processing, cleaning, laundering or assembling
any product, commodity or article.
An improved property other than a dwelling unit. Nonresidential
establishments shall include but not be limited to all improved properties
used as commercial establishments, industrial establishments, or for
institutional purposes.
[Amended 12-19-2005 by Ord. No. 557]
Any person vested with the ownership, legal or equitable,
sole or partial, of any improved property.
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.
A portion of the tapping fee designed to recover treatment
and conveyance capacity in the force and gravity interceptor and wastewater
treatment plant or plants owned by Ephrata Borough and Authority and
operated by Ephrata Borough which provide conveyance and treatment
services for the Borough sewer system in accordance with an intergovernmental
agreement entered into by the Borough and other municipalities and
municipal authorities dated as of November 1, 1995, as amended from
time to time.
The wastewater collection and conveyance system owned and
operated by the Borough.
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 12-19-2005 by Ord. No. 557]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5607(d)(24).
No person shall connect any improved property
with any part of the sewer system without first making application
for and securing a permit, in writing, from the Borough. Such application
shall be made on a form to be provided by the Borough, and no application
shall be considered complete until all fees imposed in this article
have been paid in full. A permit shall be valid for a period of 12
months from the date of issuance, and such permit shall expire if
the construction is not commenced or the connection is not made within
the twelve-month period.
The owner of each improved property who or which shall physically connect such improved property to the sewer system shall pay a connection fee to reimburse the Borough for the costs of making such connection to the sewer system. The amount of the connection fee for each individual connection to the sewer system shall be the actual cost incurred by the Borough, including the cost of inspection and restoration. The owner of the improved property shall deposit with the Borough the sum of $1,500 to be placed in escrow in order to insure reimbursement of the Borough's actual costs in connecting owner's improved property to the sewer system. In the event the actual expenses incurred by the Borough in connecting the owner's improved property to the sewer system exceed $1,500, the owner shall pay such excess amount in accordance with the provisions of § 152-23 within 30 days of receipt of the Borough's invoice for such expenses. In the event that the actual expense incurred by the Borough in connecting the owner's improved property to the sewer system is less than $1,500, the Borough shall refund such excess amount, without interest, to the owner.
A tapping fee as set forth in § 152-20 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 commercial establishment and industrial establishment as set forth in § 152-20.
A.Â
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 12-11-2000 by Ord. No. 505; 12-19-2005 by Ord. No.
557]
(2)Â
Collection part. The fee imposed to recover the cost
of collection facilities which provide service to dwelling units and
nonresidential establishments shall be as follows:
[Amended 8-27-2007 by Ord. No. 570]
(3)Â
Regional facilities part of the capacity component. A fee shall be imposed to recover the cost of the capacity-related facilities owned by Ephrata Borough Authority and operated by Ephrata Borough which provide wastewater conveyance and treatment services for the Borough sewer system as set forth in this chapter, Article IV, Regional Wastewater Treatment.
B.Â
In case of a combination of one or more dwelling units
each thereof having use of the sewer system through one sewer 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.Â
The amount of the tapping fee for each improved property
for the use of the sewer system shall be based upon the number of
EDUs attributable to the use based upon estimated wastewater discharge.
If necessary, the wastewater discharge shall be estimated by the Borough
or the Borough's consulting engineer using standard engineering data
and procedures. Within one year following the date of connection,
the Borough shall make an analysis of actual wastewater discharge
or, if discharge is not separately metered, actual water consumption,
and the Borough shall thereafter adjust the tapping fee previously
collected, either upward or downward, based on the actual wastewater
discharge or water consumption. In no event shall the tapping fee
for an improved property be less than the tapping fee for one dwelling
unit or EDU.
[Amended 12-11-2000 by Ord. No. 505; 12-19-2005 by Ord. No.
557]
D.Â
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 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
used the capacity requirement set forth in the planning module for
land development. The tapping fee shall not be reduced, regardless
of actual consumption, unless and until a revision to the planning
module for land development is filed with, and approved by, the Department
of Environmental Protection or the delegated local agency reducing
the projected capacity required.
E.Â
The tapping fee shall not be charged for the reoccupancy
of vacant buildings where flows have temporarily been reduced or eliminated.
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. 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 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. 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 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.
The connection fee and 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 § 152-17; or at the time application is made to the Borough for a zoning 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 the connection ordinance, codified as Article 1, Sewer Connections, 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.
All connection fees and 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. Connection fees and 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.
The connection fees and tapping fees imposed hereunder shall be in addition to any fees or charges imposed by the rate ordinance, codified as Article II, Sewer Rentals and Changes; 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.
Upon the expiration of a connection permit and
upon request of an applicant, the Borough will refund the regional
facilities part of the capacity component paid for such permit upon
receipt of such regional facilities part of the capacity component
as provided for in the regional agreement. The Borough shall have
no obligation to make any such refund unless the IMG refunds the regional
facilities part of the capacity component to the Borough. Such refunds
must be requested by the applicant promptly, but in any event not
later than six months after the expiration of a permit.
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 $600,
and in default of payment of the fine, such person shall be liable
to imprisonment for not more than 30 days.
In addition to or in lieu of the penalties provided in § 152-26 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 the reasonable attorney's fees 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.
[Amended 12-19-2005 by Ord. No. 557]
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.
[Added 12-19-2005 by Ord. No. 557]
In accordance with the requirements of the Authorities Act, as amended by Act 57 of 2003, a report showing the calculation of the fees imposed by this article is attached hereto as Exhibit A and incorporated herein.[1]
[1]
Editor's Note: The Sewer Tapping Fee Determination is included at the end of this chapter.
