[Ord. 2054, 8/9/2005, § 1]
The following terms and definitions shall apply to this Part:
An applicant for a connection to or additional use of the
sewer system.
Any room or group of rooms intended for separate occupancy
as a single habitable residential unit with sleeping, cooking and
lavatory facilities.
A unit of measure for determining sewer tapping fees, which
unit equals 238.5 gpd and is based on an average dwelling unit occupancy
of 2.65 persons times a per capita sewage discharge of 90 gpd.
A peak daily average of the gallons of sewage flow which
is or may be discharged from a use to the sewer system, which average
is used to determine the sewer tapping fee.
The Borough's public sanitary sewer system.
Charge(s) for sewer system capital costs, assessed against
the owner of the property.
Each dwelling unit and each separate business, profession,
occupation, leasehold and/or condominium which or where an operation
or activity is or is intended to be conducted, whether commercial,
industrial, institutional or other nonresidential use.
[Ord. 2054, 8/9/2005, § 1]
A sewer tapping fee is hereby fixed and imposed upon the owner
of the property where a use is to be connected to the sewer system,
directly or indirectly, and/or where a previously connected use is
changed and/or one or more new uses is/are to be connected. Such connections
may be through a new or existing connection, regardless of whether
such property is connected separately or through one or more existing
or new lateral sewers or sewer connections or collection lines owned
by any owner other than the Borough. Sewer tapping fees, for each
use, shall be in accordance with the following:
A.
Application for Service. Before any new connection is made to the
sewer system, any new use is added to an existing connection, any
connected use (other than a dwelling unit) is changed and/or used
so as to generate more flows and/or any connected use is changed to
another use, an application therefor must be filed, with the Borough,
by the property owner. Each applicant, for a connection to the sewer
system, shall certify to the Borough the proposed use or uses and,
with respect to each use other than a dwelling unit, the reasonably
anticipated sewer usage in peak gallons per day for each use to be
connected. All applications shall provide such relevant information
as the Borough may require. No such connection, change or additional
usage shall be made and/or begun until and unless the Borough approves
the application, issues a connection permit therefor and the sewer
tapping fee is paid in full.
C.
The owner of any building, structure or property which contains more
than one use shall pay a separate sewer tapping fee for each use.
D.
The sewer tapping fee for each dwelling unit shall be $4,100.
E.
The sewer tapping fee for each use other than a dwelling unit shall
be based initially upon the applicant's estimate of the projected
gpd of peak daily sewage flows from the proposed use; however, in
no case shall the sewer tapping fee be less than that for one ETDU
(i.e., $4,100).
F.
If any building connected to the sewer system shall be converted,
enlarged or remodeled or (an) additional building(s) is/are to be
constructed on a property and connected directly or indirectly to
the sewer system through an existing lateral, so as to create or establish
(an) additional or expanded use(s), an additional sewer tapping fee
for each such additional or expanded use shall be paid prior to the
issuance of a connection permit therefor and prior to the issuance
of any building permit for any improvements for the use and if no
building permit is required, prior to any occupancy permit for the
use.
G.
If a connected use is changed, expanded and/or added to, so that
additional sewage flows will result, an additional sewer tapping fee
is imposed. Such additional fee shall be equal to the gpd of the additional
peak daily sewage flow multiplied by $17.19 per gallon of such flow.
H.
Borough Determination of Usage. The Borough shall have the right,
at any time, to determine the actual sewer usage of any use connected
to the sewer system to verify that the actual sewer usage conforms
to the applicant's certification.
I.
For uses other than a dwelling unit(s), the Borough, from time to
time, following the connection of the use and/or the addition and/or
change of a nonresidential use already connected, may assess and impose
an additional sewer tapping fee based upon actual additional peak
daily sewage flow (over the sewage flow for which the use's paid sewer
tapping fee(s) was/were based). Such additional fee shall be equal
to the gpd of the additional peak daily sewage flow multiplied by
$17.19 per gallon of such flow.
J.
The sewer tapping fee(s) imposed hereunder shall be in addition to:
K.
Decreased Usage. No refund, rebate or credit of sewer tapping fees
shall be made in the event of a decrease in sewer usage.
L.
Nontransferable Fees. No sewer tapping fee paid, under this Part,
for a use on any property, shall be transferable to any other property.
M.
Time for Payment. Sewer tapping fees shall be due and payable upon
the Borough's issuance of a connection permit for the proposed use
and/or change or addition to a use. For increased sewer use or a change
in use, the additional sewer tapping fee shall be due and payable
upon issuance of any building permit for improvements for a new use
and, if no improvements are proposed, any certificate of occupancy
for changed or expanded use.
[Ord. 2054, 8/9/2005, § 1)
A.
If a use is connected and/or begun before paying the required sewer
tapping fees, the fee shall be subject to a 10% penalty and the fee
plus the penalty shall bear interest from the due date at the rate
of 1% per month or fraction thereof until paid. These penalties shall
be concurrent with all other remedies, legal and equitable, available
to the Borough for collection of the fees including, but not limited
to, municipal lien and assumpsit remedies. The Borough shall also
have the right to disconnect the service for failure to pay the sewer
tapping fee.
B.
All sewer tapping fees, together with all penalties thereon, not
paid on or before the end of six months from the date due shall be
deemed to be delinquent. All sewer tapping fees and all penalties
and interest thereon shall be a municipal claim and lien against such
property where the connected use(s) is/are located and may be collected
in the manner provided by law for the filing and collection of such
claims and liens.
