Lancaster Area Sewer Authority, PA Article II Tapping Fees and Reservation Fees

§ 30-3 Allocation of, securing, and reserving capacity.

[Amended 8-26-2021 by Res. No. 21-08-001]

A. In accordance with Chapter 125, Article I, Allocation and Reservation of Capacity, adopted by the Board of the Authority, setting forth a policy for the allocation of capacity to users or potential users of the Authority's sewer system, a developer or other party desiring to acquire a construction permit or obtain capacity within the Authority's sewer system shall have the following options to obtain the allocation of capacity for their project:

(1) Secure the allocation of capacity through payment of the entire, then-current, tapping fee for each approved EDU or gallon per day within the proposed development; or

(2) Reserve the allocation of capacity through paying a reservation of capacity fee as stipulated by Article I, Allocation and Reservation of Capacity, of Chapter 125 of these Rules and Regulations.

B. Parties who elect to secure the allocation of capacity through payment of the entire, then-current, tapping fee in accordance with Subsection A above shall not be required to pay additional tapping fee amounts in the event such fees are increased between the time capacity is secured pursuant to Subsection A and the time application for connection permit is made. Likewise, parties who elect to secure the allocation of capacity through payment of the entire, then-current, tapping fee in accordance with Subsection A above shall not be refunded any tapping fee amounts in the event such fees are decreased between the time capacity is secured pursuant to Subsection A and the time application for connection permit is made.

[Amended 2-24-2022 by Res. No. 22-02-001]

§ 30-4 Tapping fee.

A. There is hereby fixed and imposed on the owner of each property making connection to the sewer system a tapping fee comprised of the following components:

(1) Capacity component. This portion of the tapping fee consists of the capacity component as defined in the Authorities Act and as calculated by the Authority Engineer described in the Authorities Act. Refer to Appendix BB for the capacity component fee schedule in respect of each EDU or estimated EDU or gallon of flow of sewage to be discharged into the sewer system.

(2) Collection component. This portion of the tapping fee consists of the collection component of tapping fees as defined in the Authorities Act and as calculated by the Authority Engineer described in the Authorities Act. Refer to Appendix BB for the collection component fee schedule in respect to each EDU or estimated EDU or gallon of flow of sewage discharged into the sewer system from such property.

(3) Special facilities component. This portion of the tapping fee consists of the special facilities component as defined in the Authorities Act and as calculated based on the Authorities Act. Refer to Appendix BB for the special facilities component fee schedule in respect of each EDU or estimated EDU or gallon of flow of sewage to be discharged into the sewer system.

B. The Authority Engineer's calculation of each component of the tapping fee will be available for inspection by the public during LASA's regular business hours.

§ 30-5 Payment of tapping fee; term of permit.

[Amended 8-26-2021 by Res. No. 21-08-001]

Tapping fees imposed under this section shall be paid to the Authority at the time a property owner makes an application for a permit to connect to the sewer system pursuant to the Authority's then-current Rules and Regulations. A connection permit shall be valid for one year from the date a permit is issued. If a property owner fails to connect to the Authority's sewer system within the applicable time, the owner may apply to have the permit renewed. Owners who have paid a tapping fee in accordance with this § 30-5 shall not be required to pay additional tapping fee amounts in the event such fees are increased between the time a connection permit is applied for and the time connection is made. Likewise, parties who have paid a tapping fee in accordance with this § 30-5 shall not be refunded any tapping fee amounts in the event such fees are decreased between the time a connection permit is applied for and the time connection is made.

§ 30-6 Tapping fee to be in addition to connection fees.

The tapping fee imposed hereunder with respect to a property connected shall be in addition to any connection fees, rental or other charges fixed or imposed by the Authority pursuant to the Authorities Act by reason of the use, or availability for use, of the sewer system by such property.

§ 30-7 Additional units.

In the event a property owner desires to add or construct additional space to an improved property or additional individual dwelling units to an improved property, the additional EDUs or flow created by the addition or construction shall not be connected to the sewer system until the property owner:

A. Secures a permit from the Authority for connection as provided in the Authority's Rules and Regulations; and

B. Pays the Authority the appropriate connection fee; and

C. Pays to the Authority the appropriate tapping fee imposed by these Regulations or any amendments hereto.

§ 30-8 Additional usage.

[Amended 4-23-2009 by Res. No. 09-04-002]

A. Original estimate of permitted flow capacity and tapping fees: All applications for connection permits submitted by owners of commercial properties and industrial properties shall include an estimate of the gallons per day of expected discharge into the sewer system, which when reviewed and approved by LASA shall become the permitted flow capacity. The tapping fee payable with respect to such applications shall be calculated on the basis of the permitted flow capacity. Such original permitted flow capacity shall be included on the permit issued by the Authority.

B. Monitoring and revising permitted flow: After commercial or industrial properties have been connected to the sewer system, the Authority shall, on an annual basis, monitor the average daily flow from each commercial and industrial property. The average daily flow shall be calculated by dividing the total annual flow billed for sewer rental for the property during the Authority's fiscal year by 360 days. If the average daily flow for any commercial or industrial property for the fiscal year most recently completed exceeds the current permitted flow capacity for the property and if the average daily flow for either of the two fiscal years preceding the fiscal year most recently completed also exceeds the current permitted flow capacity, then LASA shall bill the property owner a tapping fee based on the flow from the most recently completed fiscal year that exceeds the current permitted flow capacity. The property owner shall have 30 days from the date of such bill to pay the Authority the additional tapping fee.

C. Payment for additional capacity and future calculations if additional capacity is purchased: Upon receipt of payment for any additional capacity purchased under the above Subsection B, the Authority shall modify the connection permit for such property to reflect the increased permitted flow capacity from such property. This increased permitted flow capacity shall become the basis upon which any future determinations of additional permitted flow capacity as required in above Subsection B shall be calculated, until which time additional permitted capacity is again purchased.