A.
The Township shall establish and revise, as necessary, such rates,
charges and fees for the cost-effective operation and maintenance
of the sewer system. Such rates, charges and fees shall be established
by resolution and in conformance with local, state and federal laws
and regulations.[1]
B.
The owner of improved property served or to be served by the sewer
system, and not a tenant or agent of the owner, shall be responsible
for the payment of all rates, charges and fees of the Township for
use of the sewer system.
A.
Sewer rentals. Sewer rentals or charges are imposed upon and shall
be collected from the owner of each improved property which shall
be connected to the sewer system for use of the sewer system, whether
such use shall be direct or indirect, and shall be payable as provided
herein.
(1)
Billing for sewer service begins when a building sewer installation has been inspected, tested, approved and connected to a service lateral, regardless of whether a new structure under construction has been completed. Billing shall continue until the building sewer is physically removed or until the conditions of § 200-8.3E have been met.
(2)
Sewer rentals or charges for sanitary sewage discharged into
the sewer system from any improved property constituting a residential
dwelling unit shall be on a flat-rate basis and at such rates as shall
be determined, from time to time, by resolution of the Board of Commissioners
of Upper Allen Township.
(3)
Sewer rentals or charges for sanitary sewage and industrial wastes not subject to special charge under § 200-8.6 below which shall be discharged into the sewer system from any improved property constituting a nonresidential commercial, institutional or industrial establishment shall be based upon the volume of water usage, adjusted if appropriate, as provided in this chapter, where the volume of water usage shall be metered in connection with the public water system, metered private wells, or otherwise, plus the fixed-cost base rate to be applied based on the number of EDUs calculated in accordance with the provisions of Section 5607(d)(24)-(33) of the Pennsylvania Municipal Authorities Act, as amended, and Act 57 of the Pennsylvania General Assembly.
(4)
Sewer rentals or charges for sanitary sewage and industrial wastes not subject to a special charge under § 200-8.6 below which shall be discharged into the sewer system from any improved property constituting a nonresidential commercial, institutional or industrial establishment may be based upon actual metered volume of wastewater discharge, as permitted in this chapter.
(5)
In either of the foregoing cases, such sewer rentals or charges
shall be based on volume of water consumption or volume of wastewater
discharge and shall include a usage charge per 1,000 gallons, and
a base rate per EDU, calculated in accordance with the provisions
of Section 5607(d)(24)-(33) of the Pennsylvania Municipal Authorities
Act, as amended, and Act 57 of the Pennsylvania General Assembly.
Said charges shall be subject to annual adjustment and shall be set
by resolution of the Board of Commissioners, subject, however, to
a minimum sewer rental or charge per quarter annum, regardless of
the volume of water usage or of the volume of actual metered waste
discharge, said charge to be derived from the calculated number of
EDUs and the base rate per EDU in effect at the time.
(6)
Sewer rentals or charges for new non-residential, commercial, institutional or industrial establishments shall be estimated for the initial quarter-annum billing cycle based on documented water usage or flow volume from similar establishments in the Township, supplemented by sewage flows as set forth in Chapter 73, § 73.17 of the Pennsylvania Code, Title 25. In addition, initial water use or flow volume shall be adjusted based on the estimated initial level of occupancy or use during the first billing period. The foregoing parameters shall be as determined by the Township and/or its Sanitary Engineer. Water usage or flow volume for subsequent quarterly billing cycles shall be based on actual usage or volume from the previous billing cycle, or estimated water usage or flow volume initially set forth in the first quarter-annum billing cycle, whichever is higher. After four full quarter-annum billing cycles have passed, the number of billing EDUs shall be calculated and implemented and shall be adjusted annually thereafter prior to the next year's first quarterannum billing.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(7)
Each billing unit located in a multiple unit shall be billed
as a separate entity, and the foregoing sewer rentals or charges,
as appropriate, shall be used in computing the sewer rentals or charges
applicable to each such billing unit as though such billing unit was
in a separate structure and had a direct and separate connection to
the sewer system; provided, however, that this section shall not be
applicable to a combination dwelling unit and commercial establishment
as specified above.
(8)
If the use classification of any improved property shall change
during any quarter-annum period, the sewer rental or charge shall
be adjusted by this Township, by proration on a monthly basis to the
nearest calendar month, with a credit or charge, as shall be appropriate
under the circumstances, being made on the statement for the next
succeeding quarter-annum period.
(9)
This Township reserves the right, from time to time, to alter,
modify, revise and/or amend residential and nonresidential quarter-annum
rates applicable thereto.
(10)
Notwithstanding any other provision of this chapter, this Township
shall have the right, based upon good reasons and circumstances existing,
to enter into special agreements with the owner of any improved property
with respect to terms and conditions upon which sanitary sewage and/or
industrial wastes may be discharged into the sewer system and with
respect to payments to be made to this Township in connection therewith.
In such event, such service and payments with respect thereto shall
be governed by terms and conditions of such special agreement.
(11)
Whenever the Township shall determine that the actual cost of
providing sewer system usage or the transporting, treating and disposing
of wastes discharged thereto or the costs of collecting or processing
the charges therefor exceed the amount properly charged under any
other section or subsection of this chapter, the Township may impose
a charge equal to the actual costs of the items set forth above.
B.
Tapping fees. A tapping fee is based on all of the fee components
contained herein as applicable and as determined through a capital
charges study performed in accordance with the provisions of the Municipal
Authorities Act, as amended, and Act 57 enacted by the Pennsylvania
General Assembly. A tapping fee is assessed for each equivalent dwelling
unit to offset the capital costs associated with constructing the
Township's sanitary sewer system and treatment facilities.
(1)
Such person shall pay a tapping fee, unless such person is subject to contractual or special agreements providing for payment of certain sums in lieu of a tapping fee, in order to make any connection to the sewer system in the Township, regardless of whether such connection is direct or indirect, including changing the type of use of property previously connected or connecting one or more additional or separate uses of the types hereinafter referred to through an existing connection, and regardless of whether such property is connected separately or through one or more existing or new lateral or sewer connections, or whether such collection line is owned by the Township or owned by any owner other than the Township. Each separate or additional use shall represent an equivalent domestic unit and shall be subject to payment of a tapping fee as stated in Subsection B(2) hereof. The tapping fee amount shall be set from time to time by resolution of the Board of Commissioners of Upper Allen Township for each equivalent dwelling unit (EDU) located on said property. Each equivalent dwelling unit shall be charged separately even though two or more domestic units are or will be connected to either new or existing collection lines through a single collection line. For nonresidential owners (commercial, industrial or institutional establishments), the number of EDUs to be assigned to each owner shall be determined from the nature of the establishment and estimated according to the actual hydraulic and/or organic loads which may be or are discharged into said collection lines. These estimates shall be made on the basis of the standard loadings established by the DEP for different types of users. Whenever actual hydraulic and/or organic loads exceed estimates, an additional tapping fee shall be charged. Additional tapping fees may also be assessed as stated in Subsection B(2) hereof.
(2)
Where any property or building connected to said connection line shall be converted, enlarged or remodeled or additional buildings shall be constructed on a property and connected indirectly to said collection line through an existing lateral so as to create or establish additional business enterprises or uses as classified in Subsection B(1) hereof, additional tapping fees determined herein for each such additional use shall be payable to the Township by the owner of said property regardless of the number of EDUs stated in any prior approved plan and irrespective of actual metered water consumption or measured sewage flows.
(3)
The fee components included in the tapping fee, calculated by
the Township Engineer pursuant to Act 203 of 1990 and Act 57 of 2003,
are as set forth from time by resolution of the Board of Commissioners
and are available for public inspection at the Township Sewer Department
office.
(4)
The tapping fee imposed hereunder shall be in addition to:
(5)
All tapping fees shall be payable to Upper Allen Township at
the time of application for connection of the improved property to
the sewer system and in the amount in effect at the time the tapping
fees are paid.
(6)
Payment of tapping fees charged by the Township pursuant to
this chapter shall be enforced by the Township in any manner appropriate
under the laws at the time in effect.
(7)
The Township reserves the right, from time to time, to adopt
modifications of, supplements to or amendments of this chapter and
to revise and substitute the Schedule of Fees as set forth from time
to time by the Board of Commissioners, which shall be available for
public inspection, to reflect appropriate amendments to the cost components,
design, capacity or other elements of the required calculations of
the tapping fee.
(8)
The capacity portion of the sewer tapping fee shall be payable
as follows:
(a)
In the event a new development sewer planning module, or a waiver
in lieu thereof, is approved by the Township, the developer or applicant
for a sewer connection or connections shall pay to the Township the
capacity portion of the sewer tapping fee in effect at the time of
submission of the application for connection, per residence or EDU,
and any applicable collection portion of the sewer tapping fee upon
application for a building and zoning permit and sewer permit for
said residence, building or other improvement.
(b)
The Township shall allocate capacity to a developer or applicant
who completes an application for and enters into a reservation of
capacity agreement and pays the applicable reservation of capacity
fee, pursuant to the provisions of this chapter, or to the developer
or applicant who pays in full the capacity portion of the tapping
fee per residence or EDU.
(c)
The developer or applicant is required to either enter into
a reservation of capacity agreement or pay in full the capacity portion
of the tapping fee for each residence or EDU prior to recording of
an approved plan.
A.
Sewer rentals or charges imposed by this chapter shall be payable
quarterly.
B.
All bills with respect to billing units shall be rendered each calendar
quarter on the first days of January, April, July and October of each
year for service during the preceding quarter annum.
C.
Sewer rentals or charges shall be due and payable five days after
mailing or delivery by or in behalf of this Township to the person
responsible for payment thereof and shall be payable at the Township
Building, 100 Gettysburg Pike, Upper Allen Township, Pennsylvania.
If sewer rentals or charges are not paid within 30 calendar days after
the same become due and payable, an additional sum of 10% shall be
added to such net bill, which net bill, plus such additional sum,
shall constitute the gross bill. Payment received on or before the
last day of such thirty-calendar-day period shall constitute payment
within such period. If the end of such thirty-calendar-day period
falls on a legal holiday or on a Sunday, payment made on or mailed
and postmarked on the next succeeding business day which is not a
legal holiday shall constitute payment within such period. If sewer
rentals and charges are not paid within 60 calendar days after the
same become due and payable, the bill therefor, in addition to bearing
the aforesaid charge of 10%, shall also bear interest at the rate
of 1/2% per month, or fraction thereof, from the due date of payment.
D.
Whenever service to any improved property shall begin after the first
day or shall terminate before the last day of any quarterly billing
period, sewer rentals or charges for such period shall be prorated
equitably, if appropriate, for that portion of the quarterly billing
period during which such improved property was served by the sewer
system.
E.
The Township may suspend sewer rentals or charges to owners of unoccupied
improved property not utilizing the sewer system if and only if the
property owners provide the Township with advance notice of their
intention not to utilize the sewer system for a period of time and
if the public utility providing water service disconnects service
to the improved property, or the owner of the improved property not
serviced by public water service renders the owner's private water
system or sewer plumbing inoperable to the satisfaction of the Township.
In the event that a property is abandoned and the owner cannot be
located or is deceased, and the Township has verified that water service
has been terminated and/or private water system or sewer system plumbing
has been rendered inoperable, the Township may also suspend sewer
rentals or charges until such time that it has been determined by
the Township that the private sewer system is in use.
In the event that an owner of improved property connected to and served by the sewer system does not pay quarterly rentals or charges on or before the applicable billing due dates, the Township, at its discretion, may, in addition to collecting late fees imposed under § 200-8.3, exercise any or all of the following remedies:
A.
If an account is three or more quarters overdue, the Township shall
mail a first warning letter to the property owner via regular mail.
This gives the owner of the property 10 days to pay the balance or
make payment arrangements by signing a promissory judgment note.
B.
If after 10 days of the first warning letter a delinquent account
has not been paid, or the property owner has not made suitable payment
arrangements with the Township, the Township may file a municipal
lien against the improved property so connected to and served by the
sewer system, which lien shall be filed with the office of the Prothonotary
of Cumberland County, Pennsylvania, and shall be collected in the
manner provided by law for the filing and collecting of municipal
claims.
C.
The Township shall ensure that the owner is not in bankruptcy proceedings
prior to filing a lien. In the event that the owner has filed for
bankruptcy, only the post-petition obligations are subject to collection
actions, as the pre-petition obligations are covered by the automatic
stay. The Township may file a lien on any post-petition past due balance
and treat it as any other delinquent account.
D.
After a lien is filed, a time-stamped copy of the lien and a second
notification letter shall be sent to the property owner via certified
and regular mail, advising that the owner has 10 days to pay the balance
due or to make payment arrangements with the Township, and warning
of possible water service termination.
E.
Water service termination is permitted by Pennsylvania law under
the provisions of the Water Service Act, 53 P.S. § 3102.101.
If after 10 days the owner has made no effort to reconcile his/her
sewer account, a water termination letter along with a copy of the
Responsible Utility Customer Protection Act of 2004 is sent via certified
mail and regular mail to the property owner explaining that he has
an additional 10 days to pay or the water service will be terminated.
This letter is also posted on the property and on the front door of
the residence at the time of posting. Said action shall result in
additional charges becoming due and payable, including any fee imposed
by the water utility.
F.
After the passage of 10 days without communication from the owner,
the Township will initiate water service termination. The water company,
per its policies, may terminate service Monday through Thursday of
each week, but not preceding a holiday weekend. The water company
charges a fee to terminate and reconnect service. This fee is charged
by the Township to the customer's sewer account.
G.
If a delinquent property owner does not fulfill his obligations following
water termination posting, and the water to the property is shut off,
the residence may be determined uninhabitable and/or the Township
may pursue legal action through a writ of scire facias or a civil
complaint.
H.
Initiate civil proceedings, the costs of which shall be borne by
the owner of the improved property.
I.
Initiate execution proceedings, including but not limited to securing
issuance of writ of scire fascias.
J.
File a post-petition bankruptcy claim in accordance with the terms
set forth in Bankruptcy Code Section 366, Utility Service.
K.
Utilize any new remedy hereinafter adopted by the Township's Board
of Commissioners of Upper Allen Township relative to the collection
of delinquent sewer rentals or charges, including referring delinquent
rentals or charge accounts to an approved agency for collection, with
all costs to the Township therefor to be borne by the owner of the
improved property.
L.
At said time when full payment is made on a delinquent account for
which a property lien has been filed, the Township shall file a lien
satisfaction with the office of the Prothonotary of Cumberland County,
Pennsylvania, with all costs related thereto to be borne by the owner
of the improved property.
The applicable charges or fees shall be set forth in the Township's
Schedule of Charges and Fees, as set forth from time to time by resolution
of the Board of Commissioners of Upper Allen Township and available
for inspection at the Township office.
A.
Initial survey. The Township may make an initial survey of the discharge
from nonresidential establishments to determine the applicability
of the surcharge. The survey shall consist of suitable sampling and
analysis of the wastewaters for three consecutive days during a period
of normal industrial or commercial operation. Based on the survey
results, the Township may institute the surcharge and/or require the
owner to provide such tests, equipment and information, which will
provide a further basis for determination of the surcharge.
B.
Frequency of surcharge monitoring. Following the initial survey,
the Township shall determine whether monthly monitoring shall be conducted
or whether standard waste strengths based on a waste classification
system established for similar operations may be imposed. Site-specific
monitoring shall consist of no less than three samples per quarter,
preferably one sample per month.
C.
Data to determine surcharge. The surcharge shall be based on the
volume of wastewater used for billing purposes, for the appropriate
period, and the concentration of surchargeable pollutants measured
in a composite sample taken over the duration of the discharge or
24 hours, whichever is shorter. In lieu of monitoring at certain nonresidential
establishments for which waste strength characteristics have been
established, the published concentrations may be used if agreed upon
by both the Township and the industrial user. The cost of obtaining
all information required to determine the surcharge shall be borne
by the industrial user. This includes, but not by way of limitation,
the costs of sample collection, flow measurement, laboratory analysis
and engineering analysis. In establishing pollutant concentrations
for surcharge purposes, all analytical and sampling procedures shall
be conducted in accordance with 40 CFR 136, as amended.
D.
Surcharge limits and calculation.
(1)
Although the wastewater treatment facilities may be capable
of treating industrial wastewater in excess of typical domestic wastewater
concentrations, the actual treatment of such wastewaters may increase
the cost of operating and maintaining the wastewater treatment facilities.
Therefore, a surcharge shall be imposed on each user discharging wastewater
in excess of the concentrations provided below:
|
Type
|
Concentration
(mg/l)
|
|---|---|
|
Biochemical oxygen demand (BOD)
|
300
|
|
Ammonia nitrogen (NH3-N)
|
50
|
|
Total phosphorus (Total P)
|
12
|
|
Total suspended solids (TSS)
|
300
|
(2)
The surcharge shall be calculated according to the following
formula:
|
S = 8.34 x Q x {[(BOD-300) x TBOD] +
[(NH3-N-50) x TNH3-N] + [(P-12) x TP] + [(TSS-300) x TTSS]
|
|
Where:
| |||
|
S
|
=
|
Surcharge cost
| |
|
8.34
|
=
|
Constant to convert wastewater strength expressed in mg/l to
pounds
| |
|
Q
|
=
|
Quarterly user flow, mg
| |
|
BOD
|
=
|
User quarterly average BOD concentration, mg/l
| |
|
TBOD
|
=
|
Cost to treat one pound of BOD; determined annually based on
actual O&M costs and adopted by resolution of the Township
| |
|
NH3-N
|
=
|
User quarterly average NH3-N concentration,
mg/l
| |
|
TNH3-N
|
=
|
Cost to treat one pound of NH3-N; determined
annually based on actual O&M costs and adopted by resolution of
the Township
| |
|
P
|
=
|
User quarterly average P concentration, mg/l
| |
|
TP
|
=
|
Cost to treat one pound of P; determined annually based on actual
O&M costs and adopted by resolution of the Township
| |
|
TSS
|
=
|
User quarterly average TSS concentration, mg/l
| |
|
TTSS
|
=
|
Cost to treat one pound of TSS; determined annually based on
actual O&M costs and adopted by resolution of the Township
| |
(3)
When a user's quarterly average concentrations for BOD, NH3-N, Total P and TSS are less than the surcharge levels
stipulated above, the surcharge concentration shall be used in the
surcharge formula, in effect creating no-surcharge cost.
E.
Method of measuring volume.
(1)
Whenever the entire water supply of an improved property, or,
if applicable, a billing unit or billing units located therein, constituting
an industrial establishment which shall be discharging sanitary sewage
and/or industrial wastes into the sewer system is supplied by the
water system, the volume of water furnished, as determined from meter
readings of the water system, shall be used as the measure of discharge
of sanitary sewage and/or industrial wastes in computing sewer rentals
or charges, subject to adjustments, if appropriate, as provided in
this chapter.
(2)
Whenever an improved property, or, if applicable, a billing
unit or billing units located therein, constituting an industrial
establishment which shall be discharging sanitary sewage and/or industrial
wastes into the sewer system shall have a source or sources of water
supply in addition to or other than the water system, the owner of
such improved property shall provide a meter or meters on such additional
or other source or sources of water supply. The total volume consumed,
as determined from the meter readings of the water system and/or the
meter readings of the meter or meters on such other source or sources
of water supply, as appropriate, shall be used as the measure of discharge
of sanitary sewage and/or industrial wastes in computing the sewer
rentals or charges, subject to adjustment, if appropriate, as provided
in this chapter.
(3)
Whenever an improved property, or, if applicable, a billing
unit or billing units located therein, constituting an industrial
establishment shall use water from the water system and/or water from
a source or sources of supply in addition to or other than the water
system for cooling or unpolluted commercial or industrial process
purposes and all or part of the water so used shall not be discharged
into the sewer system, the volume used as the measure of discharge
of sanitary sewage and/or industrial wastes in computing sewer rentals
or charges may be adjusted by one of the following methods:
(a)
By installing a meter or other measuring device on the connection
to the sewer system. The readings from such meter or measuring device
shall be used as the measure of discharge of sanitary sewage and/or
industrial wastes in computing sewer rentals or charges.
(b)
By installing a meter or other measuring device to measure the
volume not being discharged into the sewer system. The readings from
such meter or measuring device shall be deducted from the total water
meter readings, and the remainder shall be used as the measure of
discharge of sanitary sewage and/or industrial wastes in computing
sewer rentals or charges.
(c)
If it is not practical, in the opinion of this Township, to
install a meter or other measuring device to determine continuously
the volume not discharged into the sewer system, this Township shall
determine, in such manner and by such method as it may prescribe,
the percentage of metered water which is being discharged into the
sewer system. The quantity of water used as the measure of discharge
of sanitary sewage and/or industrial wastes in computing sewer rentals
or charges shall be the percentage so determined of the quantity measured
by the water meter or meters. Any dispute as to such estimated percentage
shall be submitted to this Township, after notice of such estimate.
The decision of the Township with respect to the matter shall be final
for the then current calendar year.
(4)
Whenever an industrial establishment shall discharge only industrial
wastes into the sewer system, the volume of water used, measured as
herein provided, shall be used as a measure of the quantity of industrial
wastes so discharged.
F.
Measuring devices. Meters or other measuring devices which shall
not be available in connection with the water system but which shall
be required or permitted under provisions of this chapter shall be
furnished and installed in accordance with specifications of this
Township by the owner of the improved property at his/her expense
and shall be under the control of this Township and may be tested,
inspected or repaired by this Township whenever necessary. The owner
of the improved property upon which such meter or other measuring
device shall be installed shall be responsible for its maintenance
and safekeeping; and all repairs thereto shall be made at the expense
of the owner, whether such repairs shall be made necessary by ordinary
wear and tear or other cause. Bills for such repairs, if made by this
Township, shall be due and payable immediately upon completion of
such repairs and shall be collected in the same manner as quarterly
bills for sewer rentals or charges.
G.
Meter readings. This Township, except to that extent that meter readings
are made by any other person in connection with the water system and
are made available to this Township for purposes of this chapter,
shall be responsible for the reading of all meters or other measuring
devices, and the same shall be available to this Township at all reasonable
times.
H.
Payment of waste surcharge. Quarterly waste surcharges shall become
due on the last day of each quarter of each calendar year.
The Township may adopt charges and fees for reimbursement of
costs for the development, implementation and operation of an industrial
pretreatment program as follows:
A.
Fees for wastewater discharge permit applications, including the
cost of processing such applications.
B.
Fees for monitoring, inspections and surveillance procedures, including
the cost for the sampling and analysis of an industrial user's wastewater
discharge, and reviewing monitoring reports submitted by industrial
users.
C.
Fees for reviewing and responding to accidental discharges and construction.
D.
Fees for filing appeals.
E.
Other fees as the Township may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by these rates, rules and regulations and are separate from all other
fees, fines and penalties chargeable by the Township.
A.
Reservation of capacity application.
(1)
Reservation of capacity in the Township's sanitary sewer system
is not required, but is offered as an accommodation of the expressed
desire of the applicant to have the Township's commitment of capacity
availability; all owners and developers desiring said capacity reservation
shall, within five days of receipt of DEP planning module approval,
submit a completed reservation of capacity (ROC) application to the
Board of Commissioners of Upper Allen Township which shall identify
the site information and requested allocation to and reservation of
sanitary sewer capacity for the development in terms of the number
of EDUs applicable to said development. Copies of the ROC application
form are available at the Township Sewer Department office.
(2)
The Township shall, in its sole discretion, based upon competent
engineering advice and all other factors and conditions relating to
the sanitary sewage system existing at the time of consideration of
the application and the particular development plan, determine the
sewer capacity, if any, to be allocated to and reserved by the applicant
for the development.
(3)
All owners or developers of a subdivision or land development
shall, within five days of final plan approval by the Board of Commissioners,
either pay in full the capacity portion of the tapping fee for each
EDU approved in the planning module or enter into a reservation of
capacity agreement with the Township as provided herein, which said
agreement shall set forth the sewer capacity reserved, the calculation
of the amount of the ROC fee payment, and acknowledgement of receipt
of said payment. Said reservation of capacity agreement shall be valid
for a period of five years from the date of the agreement.
B.
Assignment of capacity.
(1)
Owners and developers will be required to either pay in full
the capacity portion of the tapping fee for each EDU approved in the
planning module or enter into a reservation of capacity agreement
with the Township, upon approval by the Township of the owners' or
developers' applications, and shall do so within five days of approval
of the final plan by the Board of Commissioners. Blank copies of the
ROC agreement are available at the Township Sewer Department office.
(2)
Upon receipt of full payment of the capacity portion of the
tapping fee for each EDU approved in the planning module, or upon
receipt of the capacity reservation application from the applicant,
approval of the agreement by the Board of Commissioners, execution
of this agreement, and payment of the fees specified in the applicable
rate schedule of the Township, the reservation will be effective.
(3)
The applicant recognizes and acknowledges that the capacity
reservation fee addressed in this agreement is only a reservation
fee, which is not applied to or credited to the tapping fees or other
charges or fees imposed upon the applicant by the Township and is
not refundable.
(4)
The applicant agrees to remit to the Township the quarterly
capacity reservation charges specified in response to the applicant
and as billed by the Township on a quarterly basis.
(5)
Sewer capacity allocated to and reserved by an owner or developer
for a specific subdivision or land development shall apply to and
be valid only for such subdivision or land development, except as
provided hereinafter.
(6)
Reserve capacity shall be in the nature of a covenant running
with the land, and, upon the sale or conveyance by any means of any
unimproved lot, parcel, tract or any part of a subdivision or land
development, the reserve capacity applicable to such lot, parcel,
tract or part of the subdivision or land development shall become
the property of the new owner thereof, with or without a formal assignment
of such reserve capacity. The landowner assumes responsibility for
notifying a successor owner of obligations and responsibilities assumed
under the ROC agreement.
(7)
Except as provided in Subsection B(6) of this section, reserve capacity for a subdivision shall not be sold, transferred, or assigned to any other person for the use of any other subdivision or land development.
(8)
Capacity reservation fees are the obligation of the landowners,
successors and assigns and, in the event of nonpayment, will be collected
as a lien against the land for which the capacity is reserved.
(9)
In the event that the DEP shall fail to issue or shall cancel,
revoke or stay the effectiveness of any permit for any reason, or
should it for any reason impose a ban on connections or extensions
to the Township's sanitary sewer system or wastewater treatment plant,
or Lower Allen Township Authority's facilities, the Township shall
not as a result thereof incur any liability of any nature to a developer
for the allocated reserve capacity.
(10)
Capacity reserved in accordance with the application, the agreement,
and the rates, rules and regulations of the Township is subject to
any limitation or restriction placed upon the Township by any regulatory
agency and a determination by the Township that the regulatory requirements
can be met in a manner deemed to be in the best interests of the ratepayers.
(11)
If, after five years from the date of execution of said reservation
of capacity agreement, the owner or developer has not paid all tapping
fees for all of the capacity originally reserved under said ROC agreement,
the owner or developer shall make application to the Township for
continued reserve capacity if so desired. Said application shall be
processed as a new application in accordance with the provisions of
this chapter. Any portion of the capacity reserved under the original
ROC agreement which has not been used after five years shall be guaranteed
to the owner or developer, provided that the owner or developer has
submitted a completed application for reservation of said capacity
at least 30 days before the expiration of five years from the date
of execution of the original reservation of capacity agreement, and
provided that the Township has determined in its discretion that the
owner or developer is proceeding with development and building construction
at a rate that is acceptable to the Township. Such renewal application
shall be given priority consideration over any pending initial applications
for reserve capacity.
(12)
Verification of capacity reservation by the Township to the
applicant does not give the applicant a claim against assets of the
Township or transfer to the applicant an ownership interest in the
Township. However, the applicant does indemnify and hold the Township
harmless of any and all claims relating to capacity availability and
reservation.
(13)
The system capacity reserved by an ROC agreement shall be terminated
or altered by the landowner only upon the occurrence of one of the
following events:
(a)
Nonapproval of the plan of the development by the Township;
(b)
Modification or revision of the plan of development or change
of use of the property; or
(c)
Withdrawal of the plan of development documented by the applicant
to the Township with the request that the reserved capacity be released
by the Township;
(d)
Tapping fees have not been paid within five years of the signing
of the ROC agreement;
(e)
A period of five years from the date of signing of the ROC agreement
has expired; or
(f)
As individual units of the property covered by this agreement
apply for and are issued building permits and sewer connection permits
for the respective EDUs reserved under this agreement.
C.
Adjustments to capacity. In the event that the reserve capacity allocated
to any owner or developer shall be determined to be in excess of or
insufficient for the subdivision or land development, and the owner
or developer desires to request additional reserve capacity or release
the capacity reserved, such request shall be processed as a new application
in accordance with the provisions of this chapter.
D.
Cancellation of capacity. A developer may, at any time, upon written
application to and approval thereof by the Township, cancel all or
any portion of the reserve capacity allocated to and reserved by said
owner or developer. Such cancellation shall be effective as of the
beginning of the next full month following cancellation, and any prorated
unused reservation of capacity fee will be refunded to the owner or
developer.
E.
Amount of reservation of capacity fee.
(1)
Itemizations of the fixed operating expenses and debt associated
with the Township sewer system and the calculation of the maximum
reservation of capacity fee payable with respect to capacity reserved
by the Township for each EDU are available for inspection at the Township
Sewer Department office. The referenced ROC fee determination indicates
that the maximum amount of the annual reservation of capacity fee,
in accordance with Act 57 of 2003, is equal to 60% of the average
user fee charged in association with the Township's sewer system.
The Township hereby fixes and imposes a reservation of capacity fee
in the amount of 60% of the then current user fee as identified in
the Township Schedule of Fees, as set forth from time to time by the
Board of Commissioners.
(2)
The rates established for the reservation of capacity fee as
set forth herein may be amended hereafter from time to time by the
Board by duly adopted resolution, but in no event shall such rates
be greater than 60% of the average annual sanitary sewer bill for
a residential customer for the same billing period.
(3)
The Township shall have the right and power to fix, alter, charge
and collect rates, assessments and other charges in the area served
by its facilities at reasonable and uniform rates as authorized by
applicable law.
F.
Adjustments to charges. Annually, after completion of the annual
billing period, an owner or developer who has reserved sanitary sewer
capacity may apply to the Township to have the reserve capacity and
annual rental charges adjusted to reflect capacity utilized by connection
to the sanitary sewage system during the preceding period.
(1)
Residential subdivisions. For each dwelling unit connected to
the system during such period, the owner or developer's reserve capacity
shall be reduced by one dwelling unit, and the annual reservation
of capacity charge for the current period shall be reduced to reflect
each dwelling unit so connected.
(2)
Nonresidential or other subdivisions, land developments and
projects. For the number of gallons of average daily flow connected
to the sewer system during such period, the owner or developer's reserve
capacity as calculated by EDUs shall be reduced by that number of
gallons, and the annual rental charge of the number of EDUs for the
current period shall be reduced to reflect the number of gallons so
connected.
G.
Due dates and collection.
(1)
The reservation of capacity fee shall become payable by an owner
or developer to the Township within five days of the date that the
final plan is approved by the Board.
(2)
The reservation of capacity fee shall be paid in advance annually
as of the first day of the month of each calendar year after the reservation
of capacity agreement is approved by the Township.
(3)
The reservation of capacity fee shall be payable for each EDU
as approved in the planning module.
(4)
If any fee is canceled pursuant to this chapter during the year,
its amount due shall be prorated and the unused charges shall be repaid
to the applicant.
H.
Failure to pay charges.
(1)
A penalty payable at the rate of 1% per month of the outstanding
sewer reserve capacity fee shall be added 30 days after the date upon
which an annual payment is due and remains unpaid.
(2)
The Township shall not issue an occupancy or construction permit
to or for the use of an owner or developer of a subdivision or land
development for which a payment is due.
(4)
The Township may, in its discretion, cancel all or any portion
of the remaining reserve capacity of a subdivision or land development
for which a payment shall be due and remain unpaid for a period of
90 days.
