[Adopted 10-28-1996 by Ord. No. 479]
A.
The Borough is a party to a sewage service agreement
dated as of November 1, 1995 (the "regional agreement"), among various
municipalities and authorities which provides for the construction
and operation of a new regional wastewater treatment plant by the
Borough of Ephrata and Ephrata Borough Authority to serve the collection
systems in the municipalities. Pursuant to § 2.06 of the
regional agreement, an advisory committee (the "IMG") was established,
and its membership includes a representative of the Borough.
B.
Pursuant to § 604 of the regional agreement,
the parties agreed to establish a uniform charge to be imposed upon
all new users and all expansions of the use of the regional facilities
as a part of the capacity component of the tapping fees of all parties
to the agreement, which amount was to be based upon the cost of the
regional facilities determined in the manner required by Act 203 of
1990 of the Commonwealth of Pennsylvania. Under § 6.04 of
the regional agreement, the parties also agreed to establish a uniform
reservation program by which future users of the regional facilities
who desired to reserve capacity in the regional facilities could do
so upon the payment of uniform charges and subject to certain restrictions.
C.
The IMG has received a consulting engineer's report
pursuant to Act 203 of 1990. After reviewing this report, the IMG
adopted a resolution approving a proposed regional facilities part
to be included within the tapping fee of each municipality and a user
reservation program.
D.
Borough Council has received and reviewed the IMG
resolutions and desires to implement the resolution in accordance
with the regional agreement.
The IMG Resolution No. 1996-2, adopted August 26, 1996, is hereby approved in the form presented to this meeting and attached hereto as Exhibit A. The definitions of terms set forth in the IMG Resolution No. 1996-2 are incorporated herein.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
All terms defined in the agreement among the Borough of Ephrata, Borough of Denver, East Cocalico Township, Ephrata Township, Ephrata Borough Authority and East Cocalico Township Authority dated as of November 1, 1995 (the "regional agreement"), are incorporated into this article. All definitions of terms set forth in Article III, Tapping Fees, of this chapter are incorporated into this article.
A.
The Borough hereby establishes the Regional Capacity Component of the tapping fee established in Chapter 152, Sewers and Sewage Disposal, Article III, Tapping Fees, in the amount of $1,000.30 per dwelling unit and in the amount of $1,000.30 for each EDU or portion thereof for nonresidential establishments. The Regional Capacity Component shall be payable at the time the tapping fee imposed by Article III is payable.
[Amended 8-9-1999 by Ord. No. 493; 12-11-2000 by Ord. No.
505; 12-19-2005 by Ord. No. 557]
A.
Any landowner who wishes to reserve capacity in the regional facilities for a period longer than that provided under the regular connection permit as specified in Article III, Tapping Fees, of this chapter ("capacity reservation") may do so by filing an application with the Borough.
B.
Landowners are encouraged to file applications as
early as possible during the process of obtaining zoning and land
development approvals in the Borough. Capacity reservations are independent
of, and will provide no indication with respect to the disposition
by the Borough of zoning and land development and use applications.
C.
Capacity reservations are also independent of any
plan supplement or plan amendment of the applicable sewer service
plan adopted under the Sewage Facilities Act (Act No. 537). Any such
amendment, supplement or approval given to a landowner shall not constitute
a reservation of capacity for purposes of this article, and any document
issued for purposes of said Act shall expressly state that no reservation
of capacity in the regional facilities shall arise, except upon compliance
by the user with the provisions of this article.
D.
Applications for capacity reservations shall be in
writing (in six copies) and shall provide the following data:
(1)
Location of the land proposed for development or use,
including specific tax map parcel identification number.
(2)
Proposed type of development or use.
(3)
For development involving residential dwellings, the
estimated number of dwelling units proposed for construction.
(4)
For development involving nonresidential establishments,
the estimated gallons per day of sewage flows expected from the proposed
development, including average daily flows and peak flows.
(5)
In addition, for development involving industrial
users, the expected biological and chemical properties of the flows
expected.
(6)
The proposed timetable for use of the regional facilities.
E.
The Borough will use its best efforts to review and
take action on each application for capacity reservation within 90
days after a complete application has been submitted. Promptly upon
completion of such review and action, the Borough will forward the
application to the IMG for its approval.
F.
Within 60 days after approval by the IMG, the Borough
will enter into a reservation agreement with the landowner. Concurrently,
the landowner shall pay the regional facilities part of the tapping
fee to the Borough. Reservation agreements will extend for an initial
term of three years.
G.
There is hereby imposed upon each landowner who has
received a reservation agreement, while such agreement continues in
force, an annual charge ("reservation charge") representing the cost
of making such reservation available, adjusted as described below,
unless the Borough determines in a particular case to assume such
charges itself. Reservation charges shall be based upon actual expenses
of the regional facilities and shall utilize the formula set forth
in § 4.02 of the IMG Resolution. Provisions requiring the
payment of the reservation charge will be included in all reservation
agreements, unless the Borough determines in a particular case to
assume such charges itself.
H.
The amount of the annual reservation charge will be
adjusted annually by the IMG, using the formula set forth in § 4.02
of the IMG Resolution and the latest available financial reports.
Upon receipt by the Borough from the IMG of quarterly bills for the
aggregate amount of reservation charges, the Borough will send bills
to each user holding a reservation agreement. The first reservation
charge for each landowner shall be payable 24 months after the date
of such landowner's reservation agreement, and shall be calculated
in accordance with the provisions of the IMG Resolution and provisions
of the reservation agreement.
I.
Reservation agreements may be extended, at the option
of the landowner, for not more than two additional terms of three
years each, upon the conditions specified in the reservation agreement.
J.
Reservation agreements shall provide for a refund
of the regional facilities part and for abatement of future reservation
charges in the event that, because of legal restrictions or other
events beyond the control of the Borough or the IMG, it becomes impossible
to provide the capacity reserved. Such refunds shall be made without
interest. The Borough and the IMG shall have no further liability
to any landowner as a result of any such restriction or event.
K.
The reservation agreement may contain such other provisions
as the Borough may deem advisable from time to time, which are not
inconsistent with the provisions of this article or the IMG Resolution.
This Borough reserves the right, from time to
time, to adopt modifications of, supplements to or amendments of this
article.
[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 B and incorporated herein.[1]
[1]
Editor's Note: The Evaluation of the Capacity
Part of the Tapping Fee Draft Report is on file in the Borough offices.
