[Adopted 9-10-1991 by Ord. No. 10-1991]
A connection fee (hereinafter referred to as the "connection fee"),
as said term is described in Act No. 203 of 1990 of the Commonwealth of Pennsylvania, which Act was enacted on December 19, 1990, and as authorized
by Section 507-A of Act No. 209 of 1990 of the Commonwealth of Pennsylvania,
enacted on December 19, 1990, is hereby imposed for any connection hereafter
made to the water distribution system of the Borough of Kutztown (hereinafter
referred to as the "water system") or to the sewer system of the Borough of
Kutztown (hereinafter referred to as the "sewer system").
The connection fee to either the water system or the sewer system shall
be in an amount equal to the actual costs incurred by the Borough of Kutztown
in making such connection. Such costs shall include, by way of illustration
and not limitation, all labor costs, equipment rental fees, reasonable equipment
use charges and cost of all materials utilized in such connection.
[Amended 6-15-2004 by Ord. No. 14-2004]
Each request for a connection to either the water system or the sewer
system shall be accompanied by a deposit. A request for connection to both
the water system and sewer system shall be accompanied by a deposit for each
connection. Each such deposit shall be held by the Borough of Kutztown in
a non-interest-bearing account and shall be utilized by the Borough of Kutztown
for payment of actual costs incurred in the making of such connection. Upon
completion of the connection and the payment of all costs related thereto,
the Borough of Kutztown shall return any remaining and unspent portion of
the deposit to the person who made the application for the connection and
paid the deposit. In the event that the actual costs of the connection exceed
the deposit, the additional costs shall be billed to the owner of the real
property serviced by the connection. No water service or sewer service shall
be provided to the real property to be serviced by such connection or conections
until such time as any such additional costs have been paid in full to the
Borough of Kutztown. The amount of the deposit shall be set from time to
time by resolution of the Borough Council.
[Amended 12-26-1995 by Ord. No. 12-1995]
In addition to the connection fees hereinabove provided for in §
218-3 of this article, a cost for facilities fee, as such term is defined by the aforesaid Act No. 203 of 1990 and authorized by the aforesaid Act No. 209, is hereby imposed
for the furnishing of a water meter and the installation of a water meter.
Such fee shall be in an amount equal to the greater of the cost of furnishing
such water meter and the installation thereof or the sum set from time to
time by resolution of the Borough Council.
[Adopted 2-9-1993 by Ord. No. 3-1993;
amended in its entirety 6-21-2005 by Ord. No. 20-2005]
The following definitions shall be applicable to this article:
BASE YEAR USE
Shall equal the number of EDU's utilized by customer in the
calendar year 2005.
COMMERCIAL CUSTOMER
The owner of an improved property where a commercial activity only
is conducted.
BOROUGH
The Borough of Kutztown, Berks County, Pennsylvania.
IMPROVED PROPERTY
A.
Any property upon which is erected any type of structure and/or improvements
intended for continuous or periodic use, occupancy or habitation by human
beings or animals; and/or
B.
Any property to which water shall be supplied from the water system
and/or from which property sewage shall be transmitted to the sewer system.
INDUSTRIAL CUSTOMER
The owner of an improved property where an industrial activity is
conducted.
OWNER
Such person who owns an improved property.
PERSON
Any individual, firm, partnership, company, association, society,
corporation, trust or governmental body or any agency, department or political
subdivision thereof or any other group or entity.
SEWER EQUIVALENT DWELLING UNIT OR SEWER EDU
The unit of measure by which the sewer tapping fee shall be imposed
upon each improved property connected to the sewer system in constituting
the annual sewer usage by such improved property in any amount up to 224 gallons
per day and increments of up to 224 gallons per day thereafter.
SEWER SYSTEM
The existing sewage collection, conveyance and treatment system,
sewage treatment plant, pumping station, manholes, lines and facilities of
the borough, together with all appurtenant facilities the borough currently
owns and operates and all future expansions thereof, including all property,
real, personal and mixed, rights, powers, licenses, easements, rights-of-way,
privileges, franchises and other property or interest in property of whatsoever
nature used or useful in connection with such sewer facilities and all alterations,
extensions, additions and improvements thereof or thereto which may be made
or acquired from time to time by the borough. As used in this article, "sewage"
shall mean sanitary sewage and/or wastewater.
WATER EQUIVALENT DWELLING UNIT OR WATER EDU
The unit of measure by which the water tapping fee shall be imposed
upon each improved property connected to the water system and constituting
an annual water usage of such improved property in any amount up to 162 gallons
per day and increments of up to 162 gallons per day thereafter.
WATER SYSTEM
The existing water system, wells, pumps, reservoirs, lines and facilities
of the borough, together with all appurtenant facilities the borough currently
owns and operates and all future expansions thereof, including all property,
real, personal and mixed, rights, powers, licenses, easements, rights-of-way,
privileges, franchises and other property or interest in property of whatsoever
nature used or useful in connection with such water facilities and all alterations,
extensions, additions and improvements thereof or thereto which may be made
or acquired from time to time by the borough.
No person shall connect any improved property to or with any part of
the water system and/or sewer system without first making a written application
for and securing a permit from the borough. Application for connection to
the borough's water system and/or sewer system shall be made by the owner
of any such improved property in a form that indicates the amount of water
usage and/or sewage discharge requested and the type and use of the improved
property to be connected to the water system and/or sewer system. The form
of application shall be provided by the borough.
A tapping or tap-in fee (herein after referred to as the "sewer tapping fee"), as said term is described in Act Number 203 of 1990 of the Commonwealth of Pennsylvania (Application Works Act 203), "(which Act was enacted on December 19, 1990, as amended by Act 57 of 2003 of the Commonwealth of Pennsylvania) Act 57, "(which Act was enacted on December 30th, 2003, and as authorized by Section 507-A of the Pennsylvania Municipalities Planning Code, as enacted by Act Number 209 of 1990 of the Commonwealth of Pennsylvania on December 19th, 1990, is hereby imposed, in the amount set forth in §
218-8 of this article, against the owner of any improved property as to which the service point of connection for sewer service is located within the corporate boundary limits of the borough and which improved property is required to be connected to the sewer system pursuant to the term and provisions of the ordinances, codes and regulations of the borough then in effect requiring such connection.
The total dollar amount of the sewer tapping fee payable by the owner of an improved property regarding such improved property, as described in §
218-7 of this article, shall be the product of the sum of $3,676 and the number of equivalent dwelling units and fractions thereof made applicable to such improved property by §
218-11 of this article. (The minimum number of sewer equivalent dwelling units applicable to any improved property shall be one).
A tapping or tap-in fee (hereinafter referred to as the "water tapping fee") (the sewer tapping fee and the water tapping fee, herein after collectively the "tapping fees"), as said term is described in Act 203, as amended by Act 57 and as authorized by Section 507-A of the Pennsylvania Municipalities Planning Code, as enacted by Act 209 of 1990 of the Commonwealth of Pennsylvania on December 19th, 1990, is hereby imposed, in the amount set forth in §
218-10 of this article, against the owner of improved property as to which the service point of connection for water service is located within the corporate boundary limits of the borough at which improved property is required to be connected to the water system pursuant to the terms and provisions of the ordinances, codes and regulations of the Borough then in effect requiring such connection.
The total dollar amount of the water tapping fee payable by the owner of an improved property regarding such improved property, as described in §
218-9 of this article, shall be the product of the sum of $1,143 and the number of equivalent dwelling units and the fractions thereof made applicable to such improved property by §
218-11 of this article. (The minimum number of water equivalent dwelling units applicable to any improved property shall be one).
The calculation and itemization of the maximum tapping fee pursuant
to Section 4B(t) of Act 203, as amended by Act 57, determined in accordance
with the replacement cost approach, is set forth in Exhibit B, attached hereto
and incorporated herein by reference thereto.
The calculation and itemization of the maximum water tapping fees pursuant
to Section 4B(t) of Act 203, as amended by Act 57, determined in accordance
with the replacement cost approach is set forth in Exhibit C, attached hereto
and incorporated herein by reference thereto.
All tapping fees imposed by the borough pursuant to this article shall
be payable to the Treasurer of the borough or to such other officer or representative
of the borough as shall be authorized, from time to time, to accept payment
thereof.
Payment of tapping fees imposed by the borough pursuant to this article
shall be enforced by the borough in any manner appropriate under laws in effect
at the time of such enforcement.
The borough may, from time to time, adopt modifications of, supplements
to or amendments of this article.
This article shall not affect any existing agreements which relate to
the subject matter of Act 203 and the tapping fees for connections to the
water system and/or sewer system. The provisions of Section 4B(z) of Act 203
shall be applicable to any agreements for extension of the sewer system and/or
water of the borough entered into after the effective date of this article.