[Added 12-10-2001 by Ord. No. 513]
Section 5622 of the Municipalities Authorities Act, 53 Pa.C.S.A. § 5601 et seq., empowers municipalities which have created municipal authorities to signify by appropriate action the requirement of the municipality that the authority convey a project to the municipality. By ordinance enacted December 10, 2001, Borough Council directed Denver Borough Authority of Lancaster County to transfer its public water supply and distribution system to the Borough. The Borough therefore desires to establish tapping fees for the connection to or expansion of the use of the water system now owned by the Borough.
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 12-19-2005 by Ord. No. 556]
- The Borough of Denver, Lancaster County, Pennsylvania.
- COMMERCIAL 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, and which contains plumbing for kitchens, toilets or washing facilities, excluding dwelling units.
- CONNECTION FEE
- 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 for inspection and restoration.
- The Pennsylvania Department of Environmental Protection or
any agency successor thereto.[Added 12-19-2005 by Ord. No. 556]
- DWELLING UNIT
- Any room, group of rooms, mobile home, building or other
enclosure connected, directly or indirectly, to the water 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. Each dwelling unit shall be considered one
EDU.[Amended 12-19-2005 by Ord. No. 556]
- An equivalent dwelling unit; the amount of water consumed
by an average dwelling unit in a day which is required to be 172 gallons
per day ("gpd") in accordance with the Authorities Act. Nonresidential
uses shall be assigned a number of EDUs based upon the estimated or
actual water consumption, and each 172 gpd consumed or estimated to
be consumed shall be considered one EDU, with such consumption being
calculated using the consecutive ninety-day period with the highest
consumption. In calculating the applicable number EDUs herein, the
number of EDUs shall always be a whole number and any portion whatsoever
of an EDU shall be rounded up to the next highest EDU.[Amended 12-19-2005 by Ord. No. 556]
- 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.
- INDUSTRIAL ESTABLISHMENT
- Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the water 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.
- NONRESIDENTIAL ESTABLISHMENT
- Any commercial establishment or industrial establishment.
- Any person vested with the ownership, legal or equitable, sole or partial, of any improved property.
- PERMIT FEE
- The fee imposed to recover the Borough's costs in processing
applications, issuing connection permits, and similar matters which
shall be established by separate resolution.[Added 12-19-2005 by Ord. No. 556]
- 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.
- TAPPING FEE
- A fee imposed to enable the recovery in the equity in the water system composed of a capacity part and a distribution 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 Section 5607(d)(24) of the Municipalities Authorities Act.
- WATER SYSTEM
- The public water supply and distribution system owned and operated by the Borough.
No person shall connect any improved property with any part of the water system without first making application for and securing a permit, in writing, from the Borough. The application shall be made on a form 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 a permit shall expire if the connected 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 water system shall pay a connection fee to reimburse the Borough for the costs of making such connection to the water system. The amount of the connection fee for each connection to the water 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 the improved property to the water system. In the event the actual expenses incurred by the Borough in the owner's improved property to the water system exceed $1,500, the owner shall pay such excess amount 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 water 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 § 196-44 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 water system or who or which shall expand, change or intensify the use of an improved property previously connected to the water system, for the use of the water 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 § 196-44.
Each owner of improved property shall pay a tapping fee for the use, ability to use, or expansion of use of the water system calculated as follows:
[Amended 12-19-2005 by Ord. No. 556; 8-27-2007 by Ord. No. 570]
In case of a combination of two or more dwelling units, each having use of the water system through one water connection, each such dwelling unit shall be charged the tapping fee herein provided as though each dwelling unit had a direct and separate connection to the water 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.
The amount of the tapping fee for connection of each improved property to the water system shall be based upon the number of EDUs attributable to the use based upon estimated water consumption. If necessary, the consumption 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 consumption, and the Borough shall thereafter adjust the tapping fee previously collected, either upward or downward, based on the actual consumption. In no event shall the tapping fee for an improved property be less than the tapping fee for one EDU.
[Amended 12-19-2005 by Ord. No. 556]
If an applicant for capacity in the water system or an owner of improved property which will expand its use of the water 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.
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 water 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 water 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 water 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 water consumption by an improved property of more than 500 gallons per day on the basis of average daily consumption over the prior 12 months shall be considered an expansion of the use of the water system regardless of whether the improved property has been enlarged or any new use has been instituted. The Borough may compare current consumption with consumption 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 consumption based on water meter readings for the entire year to determine whether there has been a change in water consumption 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 water system as provided in § 196-41; or at the time application is made to the Borough for a zoning permit; or when the use of an improved property connected to the water 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.
[Amended 12-19-2005 by Ord. No. 556]
The connection fee and tapping fee imposed hereunder shall be in addition to other fees and charges which shall include, but not be limited to:
Customer facilities fee. All owners of improved properties shall pay to the Borough a customer facilities fee. The customer facilities fee shall reimburse the Borough for its costs relating to the provision of a water meter and the installation of a remote reader and other necessary metering facilities. The owner shall install the meter provided by the Borough and such installation shall comply with all of the Borough's rules and regulations for installation of water meters. After installation of the meter, the Borough shall inspect the installation and shall install a remote reader and any other necessary metering facilities. The customer facilities fee shall be the actual cost of the water meter and associated facilities paid by the Borough, plus the cost for the Borough to inspect the installation of the meter and install the remote reader.
Water rates. All owners of improved properties connected to the water system shall pay all fees and charges imposed by the rate ordinance.
Reservation fees. If the Borough imposes any charges for reservation of capacity in the water system, such fees and charges shall be in addition to the fees established by this article.
[Amended 12-19-2005 by Ord. No. 556]
Upon the expiration of a connection permit and upon request of an applicant, the Borough will refund the tapping fee, less an administrative processing cost of 5%. No refund of the permit fee shall be made. Such refunds must be requested by the applicant promptly, but in any event not later than six months after the expiration of a permit. If the applicant elects to proceed with construction in the future, the applicant shall make a new application for a connection permit and shall pay all tapping, connection, and customer facilities fees the Borough imposes, together with all the permit fee, in effect at the time the applicant makes reapplication for 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 § 196-50 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 attorneys' 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. 556]
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 water system. Where an extension of the water 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. 556]
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.
Editor's Note: The Water Tapping Fee Determination is included at the end of this chapter.