The access fee for any property, industry or development shall be determined by the Borough Council. It shall be in addition to the hookup fee when it is determined that, due to unusual circumstances, costs that are much more than normal will be incurred to accommodate a particular connection or connections to a particular property, structure or development. The access fee shall not be levied for typical residential connections.
[Amended 9-9-2004 by Ord. No. 14-2004]
The hookup fee shall be levied at any time a connection is to occur to the sanitary system. This shall include all single connections within a development as determined by the Borough Council. Any and all structures required to make connections shall be levied a fee as set from time to time by resolution of Borough Council, to be payable upon application for connection. Connection shall not be allowed to any party prior to fee being paid.
The road cut fee shall be determined by the Borough Council and set forth in Ordinance No. 16-1990[1] and shall be used to null the costs of road repair if a connection requires a lateral, that is approved by the Borough Engineer, is to be installed and connected to the sanitary system. A bond may be required by either the contractor, owner of property that is to be improved, or developer or designated agent.
[1]
Editor's Note: See Ch. 264, Streets and Sidewalks, Art. I.
The fee for reviewing any plans submitted to the Borough of Moosic shall be established by the current Schedule of Tariffs as applied to the review or reviews necessary. The fee shall be used to null the costs of engineering expenses and additional administration costs.
The fee for interim or final inspection by the Borough shall be $15 due at time of inspection(s). The fee shall be returned to the Borough for disposition and shall cover actual inspection costs and administration costs.
[Amended 11-13-2018 by Ord. No. 14-2018; 1-6-2020 by Ord. No. 9-2020]
The current residential rate shall be $35 per annum to be billed by the Borough and shall be known as the "residential EDU rate." The nonresidential rate shall be $90 per annum, plus the water usage rate which shall be known as the "nonresidential EDU rate." The current residential EDU rate and current nonresidential EDU rate shall be billed annually. The water usage rate shall be billed quarterly. They are applied as a charge for installation, maintenance and administration of the Moosic Borough sanitary sewer system and charge for installation, maintenance and administration of the Moosic Borough stormwater system to the extent such work is necessary to protect the integrity of the sanitary sewer system. Rates may be increased or decreased from time to time by the Borough with regards to payment requirements for bond issues and expenses as set forth above.[1]
[1]
Editor’s Note: Original Section 4.6.5, Temporary billing rate, which immediately followed this section, was repealed 9-9-2004 by Ord. No. 14-2004.
The EDU rate and water usage rate will be applied towards each property connected to the sanitary system or towards each property required to be connected to the sanitary system, with this rate to be billed to the property owner for each equivalent dwelling unit that exists on the connected property and the water usage rate, and shall be payable at the times and in the amount as provided by the Borough.
The residential rate shall apply for each dwelling unit constructed as a private dwelling unit, within which a single family resides or could reside. Habitation shall not be required and an improved property will not be exempt from rate classification when no person or persons reside on said property. A dwelling unit rate will be assigned to an improved property for each separate dwelling area that may exist within or on the improved property. If two or more families use separate cooking and/or toilet facilities in an improved property, the sewer charge payable hereunder shall be computed as though each family was a separate user with a separate connection to the sewer system.
The nonresidential rate classification shall be charged to and collected from the owner of a nonresidential improved property or section(s) of an improved property that includes both residential and nonresidential areas served by the sewer collection system. The nonresidential rate shall be the addition of the basic nonresidential EDU rate plus the water usage factor. The nonresidential rate shall be charged to improved property that accommodates both residential and nonresidential within a single structure with or without a common entrance.
The water usage rate to be charged to nonresidential property shall be based upon water usage and in accordance with the following table:
Consumption in Gallons
Rate Per 1,000 Gallons
0
-
11,999
No additional charge
12,000
-
24,999
$1.51 per 1,000 gallons
25,000
-
224,999
$0.93 per 1,000 gallons
225,000
-
2.25 million
$0.68 per 1,000 gallons
-
Over 2.25 million
$0.32 per 1,000 gallons
The residential EDU rate and the nonresidential EDU rate shall be paid annually and shall be collected by the Borough Tax Collector and shall be billed as part of the real estate tax billing. The nonresidential water usage rate shall be billed quarterly and collected by the Borough or its designee as may be determined by the Borough Council.
The properties owned by the Borough or approved public safety organizations shall be exempt from rate classification and will not be charged for use of the sanitary system. Current public safety organizations are the Moosic Police Department and the Moosic Volunteer Hose Company No. 1 and the Greenwood Volunteer Hose Company. The volunteer hose companies are in agreement with the Borough to provide emergency response to system incidents which may be considered a threat to public safety or system functions at no charge to either the Borough or the Borough.
The usage of water in terms of gallons used per shall be measured by meter as provided by the water company, which is currently Pennsylvania Gas and Water Co., or by records or the Lackawanna River Sewer Basin Authority. The most recent records available shall be used and billing shall reflect the most recent period of record.
Any owner who effects any changes in his property which shall result in a change in the sewer billing rate, such as adding an apartment or office, or cohabitation by two families within a single home, etc., shall promptly notify the Borough prior to making such changes so that appropriate changes may be made to the billing rate of said property. Failure to do so shall subject offending party to prosecution as provided by law.
If the owner of any improved property shall fail to provide the Borough with complete information required to compute the sewer rate or any charges assigned by the Borough as applied to the improved property, this Borough shall estimate a reasonable rate classification and/or fee or fees and the aforementioned charges or fees shall be the actual sewer rate, charge, fee or fees, payable to the Borough until the required information is filed with the Borough; provided, however, that no rebates will be paid by this Borough if the information filed reveals a lower charge, rate, or fee than that estimated by the Borough. Any information filed that reveals that a higher charge, rate or fee is necessary, that increase shall be payable to the Borough through the period that reflects an accurate commencement time of determining factors that yield said increase whether the reasons commenced at the time of the information filing or any time prior and shall be due with interest added as currently levied by the Borough.
Additional classifications and sewer charges, fees or rates may be established by the Borough as deemed necessary.
Nothing herein contained shall be deemed to prohibit this Borough or Borough Council from entering into separate agreements with any owner with respect to charges, rates or fees to be imposed in those cases where, due to seasonal fluctuations or other unusual circumstances, the sewer charges, rates or fees set forth herein shall be deemed by this Borough to be unfair or inequitable.
A. 
Each owner of an improved property which shall be connected to the sewer system during any year shall pay as follows:
Date Sewer Permit Obtained
Resident
Nonresident
EDU Rate
Before April 1
75% of the above EDU rate
After April 1 but before July 1
50% of the above EDU rate
After July 1 but after
25% of the above EDU rate
B. 
Any nonresidential shall be billed in conjunction with the water user rate with the next regular quarterly billing as determined by the Borough.
It shall be the owner's responsibility to notify the Borough within 24 hours prior to said improved property being reoccupied or occupied and failure to do so will result in a fine not to exceed $600, plus costs of prosecution, and, in default of payment of such fine and costs, in imprisonment not to exceed 30 days, plus $5 per each day the property in question was occupied or reoccupied prior to any notification given to the Borough by the owner of said property.
Quarterly billing charges shall be due and payable 30 days after the applicable billing date and in the appropriate amount, as computed in accordance with this chapter, and shall constitute a net bill. If not paid within the specified 30 days after each billing date, an additional sum, in accordance with prevailing laws, shall be added to such net bill, which net bill, plus additional sum, shall constitute the gross bill.
Each owner of an improved property which is connected to the sewer system initially or thereafter shall provide this Borough with and thereafter shall keep this Borough advised of his correct address and if the address aforementioned is not the improved property address the owner shall provide this Borough with the improved property address along with occupancy information and occupancy purpose of said improved property in addition to his address.
Failure of any owner to receive any bill, request for fee payment, request for any charge(s), etc., as issued by this Borough shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of the period of time during which the net bill shall be payable.
This Borough will not provide bills or requests of payment of any improved property to any party other than the owner of said property, notwithstanding a private agreement has been entered into between a party not being an owner of an improved property and the Borough. Any tenant-landlord payment agreement or similar transaction is of no concern to this Borough.
[Added 12-12-1994]
This Borough will not provide bills or requests for payment to the owners of mobile home tenants renting the real property on which a trailer is located, but shall provide all bills and requests for payment to the landowner. Any tenant-landlord payment agreement or similar transaction is of no concern to this Borough.
Sewer charges, fees or bills imposed by this chapter shall be a lien on the improved property connected to and/or served by the sewer system; and such charges, fees or bills which are delinquent shall be filed as a lien against the improved property so connected to and served by the sewer system, which lien shall be filed in the office of the Clerk of Courts of Lackawanna County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collection of municipal claims and/or Borough shall collect any outstanding amount owed by any means provided by prevailing law.
The current rate charge shall be paid upon application for a sewer permit. The quarterly rental charge for nonresidential uses of the sewer system shall commence the quarter following issuance of a building permit or sewage application. Postponement of billing may be allowed by the Borough upon written request by the owner of the property to which the building permit has been issued so as to delay billing until construction has been completed.
[Added by Ord No. 2-1997]
A. 
Any and all sewer user's fees shall become delinquent 30 days after the first due date.
B. 
Any sewer user's fees paid 30 days after the first due date will include interest of 10% per annum.
C. 
Any sewer user fee paid 30 days after the due date will include a five-percent late penalty.
D. 
If the Borough is required to institute suit or legal process for the collection of the user's fees, any claim and demand shall include all costs of instituting said suit.