[Adopted 5-12-1986; amended 4-12-2004 by Res. No. 1-2004]
The Authority 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 Authority and the existing users of the system. Until such
time as persons who have been granted reserve capacity choose to make
use of such capacity, the Authority and ultimately the existing users
of the system are required to amortize the costs 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 interest of the Authority, 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 the current debt service in proportion to the existing users of
the system. The purpose of this article is to provide for the imposition
and collection of a charge to be known as the "reservation of capacity
charge" in accordance with Section 5607(d)(24) of Title 53 of the
Pennsylvania Consolidated Statutes, as amended by Act 57 of 2003.
When used in this article, the following words,
terms and phrases shall have prescribed to them the meanings hereafter
set forth:
AUTHORITY
The Valley Forge Sewer Authority, Chester County, Pennsylvania.
DEP PERMIT
The permit which is required by the Department of Environmental
Protection of the Commonwealth of Pennsylvania for the construction
of a new sanitary sewer line or the extension of an existing sanitary
sewer system.
DEVELOPER
Any landowner who makes or causes to be made a subdivision
of land or a land development.
LAND DEVELOPMENT
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose, involving:
A.
A group of two or more buildings;
B.
The division 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
C.
Any other project requiring the approval of
the Authority.
LAND PLANNING MODULE
The modules required by the Pennsylvania Department of Environmental
Protection under Act 537, the Pennsylvania Sewage Facilities Act.
PERSON
Any individual or group of individuals, partnership, joint
venture, public or private corporation or any other entity of any
nature.
RESERVE RENTAL CHARGE
The charge imposed upon a person for the allocated sanitary
sewage capacity reserved.
RESERVED CAPACITY
The reserved sanitary sewage capacity for and reserved by
a person who has received final sanitary sewer extension approval
from the Authority.
SANITARY SEWAGE SYSTEM
All sanitary 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 Authority 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 Authority
and are not owned or maintained by the Authority. 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.
SUBDIVISION
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 purposes, whether immediate
or future, of improvement and development.
The developer who has reserved sewer capacity
may apply to the Authority to have the reservation of capacity quarterly
charge 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 Authority procedures. Rates cannot be
adjusted retroactively.