[Adopted 9-1-1999 by Ord. No. 700]
For purposes of this article, the following
terms shall have the meanings ascribed to them in this section unless
the context otherwise clearly indicates:
The Township of South Whitehall Authority, a municipal authority
duly created pursuant to the Municipalities Authorities Act of 1945,
as amended.[1]
Any structure, or part thereof, designed and intended to
be occupied as the living quarters of a single family or housekeeping
unit and having separate kitchen and separate bathroom facilities.
Any property located within this Township upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property. When more than one person is
the owner of any particular parcel of improved property, all such
persons shall be jointly and severally liable for the payment of the
fees and charges imposed under this article.
Any individual, partnership, company, association, society,
corporation or other group or entity.
The Township of South Whitehall, Lehigh County, Pennsylvania,
a Pennsylvania municipal corporation and First Class Township.
All facilities, as of any particular time, for producing,
pumping, transporting, treating, storing or distributing potable water,
which are situate in or adjacent to this Township and owned, leased
or operated by the Township.
Imposition of fee. Except as provided in the
rules and regulations of the Authority, the owner of each improved
property which is to be newly connected to the water system shall
pay a connection fee to the Authority, in the amount determined by
the Authority to be in effect as of the time of payment, at or before
the time the owner or his agent obtains a permit to connect into the
water system.
Imposition of fee. Except as provided in the
rules and regulations of the Authority, the owner of each improved
property which is to be newly connected to the water system shall
pay a customer facilities fee to the Authority, in the amount determined
by the Authority to be in effect, as of the time of payment, at or
before the time the owner or his agent obtains a permit to connect
into the water system.
A.
New connection. Except as provided in the rules and
regulations of the Authority, the owner of each improved property
which is to be newly connected to the water system shall pay a tapping
fee to the Authority, in the amount determined by the Authority to
be in effect as of the time of payment, at or before the time the
owner or his agent obtains a permit to connect into the water system.[1]
B.
Improper connection. The owner of each improved property
which is improperly connected to the water system without a permit
shall pay a tapping fee to the Authority in the amount determined
by the Authority to be in effect as of the time of actual payment
immediately upon demand by the Authority.[2]
C.
Failure to make required connection. The owner of
each improved property which is not connected to the water system
within 60 calendar days after the date the Township serves a notice
to connect such improved property to the water system shall pay a
tapping fee to the Authority, in the amount determined by the Authority
to be in effect as of the time of actual payment, on the 61st calendar
day after the date the notice was served. Service for this purpose
shall be complete when a notice to connect is deposited, postage prepaid,
in the United States mail, addressed to the legal owner(s) of the
improved property at their last known address according to the records
of the Lehigh County real estate tax office.[3]
D.
New equivalent dwelling units. The number of new equivalent
dwelling units for an improved property which is being assessed a
tapping fee under this section shall be equal to the number of equivalent
dwelling units for the improved property (for water purposes) as of
the later of (1) the date of payment, (2) the date the use intended
for the improved property (as of the date of payment) is established,
or (3) the date the improvements contemplated for the improved property
(as of the date of payment) are completed.
E.
Purpose. The water tapping fee is imposed for the
ability to use water system facilities to the extent of the number
of new equivalent dwelling units associated with the use of the improved
property.
Imposition of fee. The owner of each improved
property which is connected to the water system shall pay a tapping
fee to the Authority, in the amount determined by the Authority to
be in effect as of the time of payment, whenever the use of the improved
property is to be changed, the use of the improved property is to
be intensified or constructed or made on the improved property, unless
the number of equivalent dwelling units for the improved property
as of the date the new use intended for the improved property is established,
the date the existing use of the improved property is intensified,
or the date the improvements, alterations, extensions or modifications
contemplated for the improved property are completed, is less than
or equal to the number of equivalent dwelling units assigned to the
improved property at the time the most recent water tapping fee was
paid. The tapping fee shall be paid pursuant to such rules and regulations
as are created, from time to time, by the Authority.
Imposition of fee. The owner of each improved
property which is connected to the water system shall pay a tapping
fee to the Authority, in the amount determined by the Authority to
be in effect as of the time of payment, whenever the Authority shall
reasonably determine that the actual average flow of water to the
improved property from the water system during the 30 day period for
which the flow is greatest in a year is more than 110% of the flow
for which the total number of equivalent dwelling units for which
a water tapping fee has been paid with respect to the improved property.
The fee shall be paid pursuant to such rules and regulations as are
created, from time to time, by the Authority.
Any person, firm or corporation who shall violate
any rule or regulations of the Authority shall, upon conviction thereof,
be sentenced to pay a fine not to exceed $1,000 plus costs and, in
default of payment of said fine and costs, to imprisonment for a term
not to exceed 30 days. Each day that a violation of this article continues
shall constitute a separate offense.
In the event of a drought emergency and/or water
shortage emergency is declared by the Governor of Pennsylvania or
his or her designee in the Delaware River Basin portion of Pennsylvania,
all restrictions, penalties and enforcement imposed by said declaration
shall supersede restrictions referred to in this article in the event
restrictions, penalties and enforcement are more stringent than those
imposed by this article.
