[Adopted 9-2-2008 by Ord. No. 428; amended in its entirety 11-17-2008 by Ord. No.
430]
The Township has determined that allocation to and reservation
of sanitary sewer system capacity for future use creates an unreasonable
and inequitable economic burden upon the Township and the existing
users connected to the sewer system. Until such time as landowners
who have been granted capacity choose to make use of such capacity,
the Township and 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 an immediate
need or capacity. Therefore, it is determined to be in the best interest
of the Township, the existing users of the sanitary sewer system,
and potential users without reserve capacity that landowners desiring
or required to reserve sanitary sewer system capacity pay a charge
designated 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 establish procedures for the imposition and
collection of such charges, to be known as "sewer reservation fees,"
pursuant to Pennsylvania law.
As used in this article, the following terms shall have the
meanings indicated:
The allocated sanitary sewage capacity for and reserved by
an applicant.
The charge imposed upon an applicant for the allocated sanitary
sewage capacity reserved.
A.Â
An annual fee for the reservation of sewer capacity is hereby imposed
upon an applicant for any connections not made within six months from
the date of approval of the sewage planning module by DEP.
B.Â
The annual reservation-of-capacity fee shall be applicable and continue
in effect until any of the following events occurs:
(1)Â
The total reserve capacity has been utilized or consumed;
(2)Â
Any unused reserve capacity has been canceled by the applicant for
whom it was reserved or by the Township as hereinafter provided; or
(3)Â
A period of five years shall have expired from the date of final
approval by the Township of the development or project or application.
If, after five years from the date of final approval by the Township,
an applicant is still in need of all or a portion of the sewer capacity
originally reserved, the applicant shall make application to the Township
for continued reserve capacity, which shall be processed as a new
application for sewer capacity, and the approval to grant an extension
of the reserve capacity shall not be unreasonably withheld by the
Township.
C.Â
Rates.
(1)Â
The reservation-of-capacity fee shall not exceed 60% of the average
sanitary sewer bill for a residential customer in the Township.
(2)Â
The amount of the fee shall be established and modified as necessary
by resolution and/or ordinance adopted by the Board of Commissioners.
(3)Â
Reservation-of-capacity fees shall be billed quarterly. The face
amount of each quarterly bill shall be due and payable in full within
30 days from its date. If full payment of the face amount is not received
within 30 days from its date, a penalty of 10% of the face amount
of the bill shall be added thereto, and interest on the unpaid amount,
including penalty, shall accrue at the rate of 9% per annum, commencing
from the 30th day until paid. The penalty and interest provided in
this subsection shall be in addition to such other and further penalties,
interest or other remedies which may be available to the Township
should it proceed to collect such bill, penalty and interest by way
of municipal claim and lien or other appropriate legal or equitable
action.
(4)Â
Adjustment to rates. Any applicant who has reserved sewer capacity
may apply to the Township to have the reserve capacity charges adjusted
to reflect capacity utilized by connection to the sanitary sewage
system during the preceding quarter following applicable Township
procedures.
A.Â
In the event that the reserve capacity of any applicant shall be
determined to be insufficient during the term of any permit, an applicant
shall request additional reserve capacity. Such request shall be processed
as a new application in accordance with all Township requirements.
B.Â
An applicant may, at any time, upon written application to the Township,
cancel all or any portion of the reserve capacity allocated to and
reserved by him/her. Such cancellation shall be effective as of the
date of the next billing quarter, provided that the application shall
have been made at least 30 days prior thereto.
