[Adopted 11-15-1977 by Ord. No. 47 (Ch.
18, Part 4, of the 1994 Code)]
The Borough has determined that the state mandated
allocation to and reservation of sanitary sewer system capacity for
future use creates an unreasonable and inequitable economic burden
upon the Borough and the existing users of the system. Until such
time as persons choose to make use of such reserved sewer capacity,
the Borough and ultimately the existing users of the system are required
to amortize the cost of the reserved facilities. Moreover, such reserved
capacity remains unavailable to other persons who may have immediate
need of the same. It is therefore deemed to be in the public interest
of the Borough, the existing users of the sanitary sewer system, and
potential users without reserved capacity, that persons desiring or
required to reserve sanitary sewer system capacity pay a charge designed
and calculated to amortize the cost of that portion of the system
allocated to and reserved by them. The purpose of this article is
to provide for the imposition and collection of such charge to be
known as the reserve rental charge.
When used in this article, the following words,
terms and phrases shall have prescribed to them the meanings hereafter
set forth:
A charge established by the Borough reasonably designed to
cover the cost of administering this article.
The sum of the annual reserve rental charge and the annual
administrative charge.
The Borough of Bonneauville, Adams County, Pennsylvania.
Any landowner who makes or causes to be made a subdivision
of land or a land development.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, or its successor in authority.
The permit which is required by the Department of Environmental
Protection for the construction of a new sanitary sewer line or the
extension of an existing sanitary sewer system.
A hypothetical unit equal to a residence with 3 1/2
occupants or in the alternative an amount of effluent generated by
said residence.
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose, involving:
A group of two or more buildings; or
The diversion or allocation of land or space
between or among two or more existing or prospective occupants by
means of, or for the purpose of streets, common areas, leaseholds,
condominiums, building groups or other features; or
Any other project requiring the approval of
the Borough.
The modules required by the Pennsylvania Department of Environmental
Protection under Act 537, the Pennsylvania Sewage Facilities Act.[1]
Any individual or group of individuals, partnership, joint
venture, public or private corporation, or any other entity of any
nature.
The sewage volume capacity allocated to and reserved by a
person.
The charge imposed upon a person for the volume of sewer
capacity reserved.
A subdivision of land into lots intended for conveyance to
persons for single-family dwelling sites.
All sanitary or combined sewers, all pumping stations, all
force mains, all sewage treatment works, and all other sewage facilities
owned by or leased to and operated by the Borough for the collection,
transportation and treatment of sanitary sewage and industrial wastes,
together with their appurtenances, and any additions, extensions or
improvements thereto. Said term shall also include sewers which serve
one or more properties discharging into the public sanitary sewage
system even though such sewers may not have been constructed by the
Borough and are not owned or maintained by the Borough. It shall not
include storm sewers or culverts which have been constructed for the
sole purpose of carrying storm and surface runoff, the discharge from
which is not and does not become tributary to the sewage treatment
facilities.
The division of a single lot, tract or parcel of land, or
part thereof, into two or more lots, tracts or parcels of land, including
changes in street lines or lot lines for the purpose, whether immediate
or future, of improvement and development.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
A.
All developers of a subdivision or land development subject to a reserve rental charge as provided in § 184-34 hereof shall prepare and submit to the Borough with their preliminary development plan, and in no event less than 30 days prior to the date of Borough consideration of a plan as the final plan, a written application requesting the allocation to and reservation of sanitary sewer capacity for the development.
B.
The application for the reservation of such sewer
capacity shall be in the form provided by the Borough and contain
a time schedule for the development of the subdivision or land development,
and include such other information and supporting data as the Borough
shall determine is reasonably necessary to estimate a five-year sewage
flow from the development.
C.
The Borough shall, in its sole discretion, based upon
competent engineering advice and all other factors and conditions
relating to the sanitary sewage system existing at the time of approval,
determine the sewer capacity to be allocated to and reserved by the
applicant for the development.
D.
No allocation of reserve sewer capacity shall be binding
upon the Borough nor shall the applicant acquire any vested right
therein, unless and until a permit for the same has been issued by
the Department of Environmental Protection.
E.
In the event that the Department of Environmental
Protection shall cancel, revoke, or stay the effectiveness of any
permit for any reason, or should it for any reason impose a ban on
connections or extensions to the sanitary sewer system, the Borough
shall not as a result thereof incur any liability of any nature to
a developer allocated reserve capacity.
A.
An annual rental charge for reserve sewer capacity
is hereby imposed upon the following:
(1)
Any person or developer who shall make application
in due form for the reservation of sewer capacity for any lot or lots
for which a building permit is not simultaneously requested.
(2)
Any person or developer who shall make application
for a sewer connection and building permit but for whatsoever reason
shall fail to make any connection to said sewer system within six
months from date of application.
B.
The annual reserve rental charge shall be applicable
and continue in effect until any of the following events occur:
(1)
The total reserve capacity has been utilized or consumed
by the applicant, or applicant's successor in title.
(2)
Any unused reserve capacity has been cancelled by
the applicant for whom it was reserved, or by the Borough as hereinafter
provided.
(3)
A period of five years shall have expired from the
date of final approval by the Borough of the development or project,
or application.
A.
Reserve rental rate for reserved capacity.
[Amended 10-20-2009 by Ord. No. 104]
(1)
The
reserve rental rate for reserved capacity shall be the charge of 50%
of the basic sewer rate per EDU charged at the time application for
or reservation of sewer capacity is requested.
(2)
The
reserve rental rate for reserved capacity charge may be amended by
Borough Council from time to time as said Borough Council deems necessary
by resolution of Council.
B.
The rate of the annual reserve rental charge shall
remain in effect and unchanged until the reserve capacity has been
utilized, cancelled, or a period of five years shall have expired
from the date of final approval, whichever shall first occur.
C.
Any person other than a developer of a subdivision,
who desires to make application for reservation of sewer capacity,
may do so by filing such form as shall be used by the Borough for
this purpose.
D.
Any person, being a developer or not, who makes application
for a sewer connection but who fails to connect to said sewer system
within six months from date of application, shall be deemed hereunder
to have applied for sewer capacity reservation and shall be subject
to the rates, charges and liens described herein.
An administrative charge of 5% of the annual reserve rental charge shall be added to the rates set forth in § 184-35 hereof to cover the cost of administering this article and collecting the charges herein provided.
A.
The annual rental charge shall be paid quarterly as
of the first day of January, April, July and October of each calendar
year.
B.
In the case of new subdivisions or land developments,
the first quarterly payment shall be due and payable immediately upon
final approval of the plan or application.
C.
In the case of applications from persons other than
developers, the first quarterly payment shall be due and payable upon
approval of reservation by the Borough.
A.
A penalty of 1% per month shall be added 30 days after
the date upon which a quarterly payment is due and remains unpaid.
B.
The Borough shall not issue a connection permit to
or for the use of a person or applicant for which a quarterly payment
is due and has remained unpaid for 30 days.
C.
All quarterly payments which shall be due and remain
unpaid for a period of 180 days may be entered as a lien pursuant
to the Municipal Lien Law against the real estate of the developer
for which such charges were unpaid.
D.
The Borough may, in its discretion, cancel all or
any portion of the remaining reserve capacity of a person or applicant
for which a quarterly payment shall be due and remain unpaid for a
period of 180 days.
Quarter-annually, after completion of each quarterly
billing period, [a] developer who has reserved sewer capacity may
apply to the Borough to have the reserve capacity and quarterly rental
charges adjusted to reflect capacity utilized by connection to the
sanitary sewage system during the preceding quarter. The said adjustments
shall be as follows: Each person or applicant shall have removed from
his assessment any and all lots which have been connected to the sewer
system following applicable Borough procedures.
A.
Adjustments.
(1)
In the event that the reserve capacity of any person shall be determined to be insufficient during the term of any permit, and the person shall request additional reserve capacity, such request shall be processed as a new application in accordance with the provisions of § 184-33.
(2)
If after five years from the date of final approval by the Borough, a person is still in need of all or a portion of the sewer capacity originally reserved, the person shall make application to the Borough for continued reserve capacity which shall be processed as a new application in accordance with the provisions of § 184-33.
B.
Cancellation.
(1)
A person may, at any time, upon written application
to the Borough cancel all or any portion of the reserve capacity allocated
to and reserved by him. Such cancellation shall be effective as of
the date of the next billing quarter, provided that the application
shall have been made at least 15 days prior thereto.
(2)
Connection of an EDU shall work an automatic cancellation
as to that reservation for capacity.
A.
Sewer capacity allocated to and reserved by a person
shall apply to and be valid only for such person, or their successor
in title.
B.
Reserve capacity shall be in the nature of a covenant
running with the land and upon the sale or conveyance by any means
of any unimproved lot, parcel, tract or any part of a subdivision
or land development, the reserve capacity applicable to such lot,
parcel, tract or part of the subdivision or land development shall
become the property of the new owner thereof, with or without a formal
assignment of such reserve capacity.
All revenues received by the Borough from the
annual rental charges imposed by this article shall be segregated
by accounting practices from all other revenues of the Borough and
shall be deposited in the Sewer Fund. Said revenues shall be used
for the sanitary sewer system as authorized in the lease agreement
between the Borough and the Bonneauville Sewer Authority.
