§ 219-9Purpose.
§ 219-10Definitions.
§ 219-11Application to connect.
§ 219-12Water system tapping fee.
§ 219-13Due date and collection.
§ 219-14Enforcement.
Based upon a capital charges study and report prepared by its consulting engineers, pursuant to 53 Pa.C.S.A. § 5601 et seq., the Council of the Borough of Duncannon has determined that certain impact fees as prescribed by said Act must be imposed in order to recover certain capital costs incurred in the construction of the water treatment and distribution system (water system) and in order to provide for the recovery of certain costs associated with the connection of additional users to the water system and in order to avoid the creation of an unreasonable and inequitable economic burden upon the Borough and the existing users of the water system. It is, therefore, deemed by Borough Council to be in the public interest of both the Borough and the existing users of the water system that all improved properties hereafter connected to the water system pay a tapping fee as provided in 53 Pa.C.S.A. § 5601 et seq., aforesaid, and as provided in this article. The purpose of this article is to provide for the imposition and collection of such a fee.
When used in this article, the following words, terms and phrases shall have prescribed to them the meanings hereafter set forth:
- BOROUGH
- Refers to the Borough of Duncannon, Perry County, Pennsylvania.
- EQUIVALENT DWELLING UNIT or EDU
- Any room, group of rooms, house, trailer or other structure
or enclosure occupied or intended for occupancy as separate living
quarters by a family or by persons living together or by persons living
alone. For a nonresidential use, the water flows for such use, divided
by 146.9 gallons per day, shall be the number of EDUs for such nonresidential
use.[Added 5-17-2005 by Ord. No. 361]
- IMPROVED PROPERTY
- Any property upon which there is erected a structure or structures intended for continuous or periodic habitation, occupancy or use by human beings or animals.
- OWNER
- Any person vested with ownership, either legal or equitable, sole or partial, of any improved property.
- PERSON
- Includes natural persons, partnerships, companies, societies, trusts, associations and corporations, and other groups or entities, public or private.
- TAPPING FEE
- The fee authorized by 53 Pa.C.S.A. § 5601 et seq., as amended by Act 57 of 2003, and which is required to be paid upon application to connect any improved property to the water system operated by the Borough.
No person shall connect any improved property with any part of the water system without first making application securing a permit therefor in writing from the Borough and making payment of the tapping fee in the amount set forth in § 219-12 of this article, such application to be made on a form provided by the Borough.
Any property owner desiring to connect to the Borough's water system shall pay to the Borough prior to connecting thereto a tapping fee of $3,041. The tapping fee consists of the following components:
| Capacity part: | $1,405 |
| Distribution part: | $1,636 |
| Total water tapping fee (per EDU): | $3,041 |
The tapping fee imposed hereunder with respect to any improved property to be served by the water system shall be due and payable at the time of filing of the application for a permit to connect such property to the water system or within 60 days of the date the owner of such property is notified by the Borough to connect such improved property to the water system, whichever occurs first.
The tapping fee imposed by this article shall be a lien on the improved property connected to and served by the water system where such fee is not paid as provided herein, which lien shall be filed in the office of the Prothonotary of Perry County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collection of municipal claims. In addition, the payment of said fee imposed hereunder may be enforced by the Borough in any manner appropriate under existing laws at the time it becomes due and payable.
