[Ord. 11-2001, 9/4/2001, Art. 1]
1. 
Biglerville Borough Council and Biglerville Borough Authority has determined, based upon a Capital Charges Study and Report prepared by its consulting engineers, pursuant to Act 203, that certain impact fees as prescribed by said Act must be imposed in order to recover certain capital costs incurred in the construction of a water supply, storage, transportation 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 in order to avoid the creation of an unreasonable and inequitable economic burden upon the Authority, the Borough and the existing users of the water system.
2. 
It is, therefore, deemed to be in the public interest of the Authority, the Borough and the existing users of the water system that all improved properties hereafter connected to the water system pay certain fees as prescribed in Act 203 and as provided in this Part. The purpose of this Part is to provide for the imposition and collection of such fees.
[Ord. 11-2001, 9/4/2001, Art. 2]
When used in this Part, the following words, terms and phrases shall have prescribed to them the meaning hereafter set forth:
APARTMENT OR OFFICE USE
A building which is intended to be used for continuous or periodic habitation by human beings and containing two or more family dwelling units, or which contains business or professional offices and one or more family dwelling units, or which contains business, professional or any other similar type of office or offices.
AUTHORITY
The Biglerville Borough Authority.
BOROUGH
The Borough of Biglerville, Adams County, Pennsylvania.
COMMERCIAL USE
An improved property that is intended to be used for the purpose of carrying on a trade, business or profession or for social, religious, educational, charitable or public uses.
CONNECTION FEE
The charge authorized by Act 203 of 1990 and representing the cost of connection of the improved property extending from the Authority's water main to the curb box of such improved property.
CUSTOMER FACILITIES FEE
The fee authorized by Act 203 of 1990 and representing the cost of connection of the improved property from the curb box to the existing or proposed dwelling or building to be served.
DOMESTIC USE
An improved property that is intended to be used for continuous or periodic habitation by human beings in a single family unit.
EDU (EQUIVALENT DWELLING UNIT)
In the case of a domestic use, 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. The basis used in computing an EDU shall be as indicated under § 26-405 of this Chapter.
IMPROVED PROPERTY
Any property upon which there is erected a structure or structures intended for continuous or period habitation, occupancy or use by human beings or animals.
INDUSTRIAL USE
An improved property which is intended to be used in whole or in part for the manufacture, fabrication, processing, cleaning, laundry, conversion or assembly of any product, commodity or article.
OWNER
Any person vested with ownership, legal or equitable, sole or partial of any improved property.
PERSONS
Natural persons, partnerships, companies, societies, trusts, associations and corporations and other groups or entities, public or private.
TAPPING FEE
The fee authorized by Act 203 of 1990 and which is required to be paid upon the connection of any improved property to the water system owned by the Authority and operated by the Borough.
[Ord. 11-2001, 9/4/2001, Art. 3]
No person shall connect any improved property with any part of the water system owned by the Authority without first making application, securing a permit therefor in writing from the Borough and making payment of the various fees in the amounts set forth in § 26-404 of this Part. Such application shall be made on a form provided by the Borough.
[Ord. 11-2001, 9/4/2001, Art. 4; as amended by Ord. 6-2003, 9/2/2003, § 1]
1. 
Connection Fee.
A. 
Pursuant to Act 203 of 1990 and as determined in the Capital Charge Study and Report prepared by the consulting engineers to the Authority and Borough, the following connection fee schedule is hereby adopted for each improved property hereafter connected to the water system.
B. 
Where the service connection is installed by the open cut, boring or jacking method of installation or any combination thereof, the fee to be charged by the Authority or the Borough for the installation of such service connection shall be the actual costs incurred for construction of the service connection from the water main line to the curb box servicing the property requesting the connection.
C. 
In lieu of the payment of the above connection fee, the Authority or the Borough may require the installation of the service connection be made by and at the expense of the owner of the improved property, in which case no connection fee shall be levied.
2. 
Customer Facilities Fee.
A. 
Since this Authority or Borough does not install building water services, no fee is provided herein for the cost of connecting an improved property from the curb box to the existing or proposed dwelling or building to be served by the water system. However, pursuant to Act 203 of 1990 and as determined in the Capital Charges Study and Report prepared by the consulting engineers to the Authority and Borough, fees or charges in amounts to be established from time to time by resolution of Borough Council are hereby imposed where applicable as customer facilities fees.
B. 
The Borough shall furnish and the property owner shall reimburse the Borough the actual costs of the water meter, remote readouts and any other fittings, materials or appurtenances furnished by the Borough or installation by the property owner as part of the requirements to connect to the water system.
3. 
Tapping Fee.
[Amended by Res. No. 2019-01, 4/2/2019]
A. 
Effective April 1, 2019, any residential property owner desiring to connect to the Authority's water system shall pay to the Authority prior to connecting thereto a tapping fee of $2,495 per household, which tapping fee consists of the following components:
Capacity part
$1,540
Distribution part
$955
Special purpose part
$0
Reimbursement component
$0
Total water tapping fee
$2,495
B. 
As to multifamily or apartment dwellings, the per-household tapping fee shall apply to each dwelling unit.
C. 
Tapping fees are imposed and payable for each separate EDU use made within any improved property. In the case of domestic uses, apartments, offices, commercial uses, industrial uses, institutional and all other types of uses, a separate tapping fee shall be paid for each separate use or uses. The number of EDUs shall be established in accordance with § 26-405 of the Biglerville Borough Code.
D. 
For the addition to or change in the use of such improved property which results in an increase in the volume of water usage, an additional tapping fee shall be paid for each additional EDU generated by such expansion, addition or change in use, based upon the EDUs calculated in accordance with § 26-405 of the Biglerville Borough Code.
E. 
The Capital Charges Study Pursuant to Act 57 of 2003-Water System, dated March 2019, is hereby incorporated by reference herein in its entirety, made a part of this subsection, and shall be made available for public inspection in accordance with applicable law.[1]
[1]
Editor's Note: Said study is on file in the Borough offices.
F. 
Connection fees and customer facilities fees, as applicable, shall be charged at actual cost.
G. 
The tapping fees set forth in this subsection and adopted hereby shall remain in effect until changed or modified by the Borough/Authority as provided by law.
H. 
All rules, regulations and resolutions of the Borough/Authority and all parts or portions thereof to the extent not specifically modified hereby shall remain in full force and effect, it being the intention of this subsection only to establish tapping fees as noted above and to effect no other charges or affect any prior rules, regulations or resolutions of this Borough/Authority.
[Ord. 11-2001, 9/4/2001, Art. 5]
1. 
To determine the number of equivalent dwelling units (EDUs) connected, increased or about to be connected to the water system, the Borough's Sewer Use Ordinance [Chapter 18, Part 1] should be referenced. In addition to the Sewer Use Ordinance [Chapter 18, Part 1], the following shall apply in determining EDUs and capital charges fees:
A. 
Home Businesses.
(1) 
Home business shall mean a small business located within the same structure as a single family residence, owned and operated by the owner and resident of the single family dwelling, without a separate physical water connection for the exclusive or primary use of the business and without a separate toilet facility for the exclusive or private use of the business.
(2) 
A single-family residence which also has a home business shall not be charged an additional water system capital charges fee solely by virtue of the home business.
(3) 
The owner of the residence with a home business shall pay the normal residential rate for the actual volume of water used as monitored.
B. 
Multiple EDUs.
(1) 
The Borough of Biglerville shall collect capital charges in proportion to volume utilized by the water customer.
(2) 
Each EDU shall be deemed as a separate entity with respect to the water capacity and service and shall be billed accordingly, regardless of the number of actual physical connections.
(3) 
The owner of an improved property shall be subject to multiple capital charges fees, depending on the number of EDUs served on the property.
(4) 
The addition of an apartment unit, multiple units, office spaces, retail shop or other residential or commercial entity creating a need for additional water capacity in the water system, shall be charged the appropriate capital charges fees for water capacity utilized by the customer.
C. 
In lieu of or in addition to, the payment of the above tapping fee, the Authority or the Borough may require the construction and dedication of such capacity, distribution/collection or special purpose facilities necessary to supply service to any improved property to be connected to the water system.
D. 
In accordance with the Capital Charges Study and Report prepared by the consulting engineers, the Authority and Borough reserve the right to compute tapping fees applicable to a nonresidential customer based upon the estimated volume of water usage for the respective nonresidential property owner.
[Ord. 11-2001, 9/4/2001, Art. 6]
The water system capital charges fee imposed to any improved property shall be due and payable at the time of the filing of the application to connect such property to the water system or within 60 days of the date the owner of the property is notified by the Authority or the Borough to connect such improved property to the water system, whichever occurs sooner.
[Ord. 11-2001, 9/4/2001, Art. 7]
1. 
For new land developments or subdivisions, it shall be a condition of the approval of a planning module for land development that the water system capital charges fee shall be paid or secured by financial security acceptable to the Borough, prior to approval of the planning module for land development by the Borough and Authority. No capacity in the water system shall be guaranteed in the absence of such payment or the securing thereof.
2. 
Any tapping fee or fees paid in order to guarantee water capacity shall be nonrefundable and the capacity obtained or guaranteed shall be nontransferable or assignable to any other person or for the use of any other improved or unimproved property without prior approval of the Borough; rather, however, such capacity shall be in the nature of a covenant running with the land and upon the sale or conveyance or by any means, the applicable capacity shall be the property of the new owner thereof, with or without a formal assignment of such capacity.
3. 
Any such capacity guaranteed by the payment of the tapping fees shall be valid for a period of three years from the date of payment and upon the expiration of said three-year period, the owner must file an application with the Borough to renew or extend such guarantee. Extensions of water capacity shall be limited to a maximum of one additional three-year period unless otherwise agreed to and approved by the Borough.
4. 
All connection fees, customer facilities fees and tapping fees shall be paid to the Treasurer of the Borough or to such other officer, representative or agent of the Authority or the Borough as shall be authorized, from time to time, to accept payment thereof.
[Ord. 11-2001, 9/4/2001, Art. 8]
The connection fees, customer facilities fees or tapping fees imposed by this Part shall be a lien on the improved property connected to and served by the water system where such fees or charges are not paid as provided herein, which lien shall be filed in the Office of the Prothonotary of Adams County, Pennsylvania, as the case may be, and shall be collected in the manner provided by law for the filing and collection of municipal claims. In addition, the payment of said fees imposed hereunder may be enforced by the Authority or the Borough in any manner appropriate under existing laws at the time they become due and payable.
[Res. 7-96, 12/3/1996]
The addition of an apartment unit, multiple units, office space, retail shop or other residential or commercial entity creating a need for additional public water capacity in the distribution system and the water supply and treatment facility, shall be charged the appropriate capital charges fees for the public water capacity utilized by the customer.
[Res. 5-95, 12/5/1995]
1. 
As used in this part, "home business" shall mean a small business located within the same structure as a single family residence, owned and operated by the owner and resident of the single family dwelling, without a separate physical sewer connection for the exclusive or primary use of the business and without a separate toilet facility for the exclusive or private use of the business.
2. 
A single family residence which also has a home business shall not be charged an additional water system capital charges fee (connection fee) solely by virtue of the home business.
3. 
The owner of the residence with the home business shall pay the normal residential rate for the actual volume of water used as metered.