[Adopted 5-1-2003 by Ord. No. 278]
For the purpose of this article, certain terms, phrases and
words are defined as follows:
Any structure or any portion thereof intended to be used
wholly or in part for the purpose of carrying on a trade, business
or profession or for social, amusement, religious, educational, charitable
or public uses, and which contains plumbing for kitchens or toilets,
washing facilities, and processing, excluding dwelling units and industrial
establishments, and which establishment is connected directly or indirectly
to the sewer system.
Any room, group of rooms, mobile home, building, apartment,
condominium, townhouse, living unit or other enclosure connected,
directly or indirectly, to the sewer system and occupied or intended
for occupancy as a separate living quarters by a person or persons
or a family or any other group of persons living together or by a
person or persons living alone.
Any property upon which there is erected a structure intended
or used for continuous or periodic habitation, occupancy for any purpose
whatsoever or use for any purpose whatsoever, by human beings or animals,
from which sanitary wastes or wastes in addition to or other than
sanitary sewage is discharged and is connected directly or indirectly
to the sewer system.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use, in whole or in part, in the operation of an enterprise for manufacturing,
fabricating, processing, cleaning, laundering or assembling any product,
commodity or article.
All wastes discharged from industrial or commercial establishments
into the sewage system other than sanitary sewage.
Any person vested with the ownership, legal or equitable,
sole or partial, of any improved property, dwelling unit or industrial
establishment or commercial establishment.
Any individual, partnership, estate, trust, firm, association,
corporation, municipality, municipality authority, school district
or any other group or legally recognized entity.
The normal water-carried household and toilet wastes discharged
from any improved property dwelling unit, commercial or industrial
establishment.
A fee imposed under the authority of the applicable state
law to enable the recovery of the costs of certain future proposed
projects and in addition to the Township's equity in the existing
sewage system which may be composed of a capacity part and may in
the future include a collection part, special purpose part and/or
a reimbursement part as set forth in Acts 203 and 209 of 1990.[1] A tapping fee shall be considered the fee referred to
and defined as a "tapping fee" in Acts 203 and 209 of 1990 aforesaid.
The Township of Forks, Northampton County, Pennsylvania.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2961 et seq. and
53 P.S. § 10501-A et seq., respectively.
No person shall connect any dwelling unit, improved property, commercial establishment or industrial establishment or any other facility hereafter described in § 150-85 herein, to the sewer system without first making application for and securing a permit, in writing, from the Township. Such application shall be made on a form to be provided by the Township.
A tapping fee as set forth in § 150-85 of this article is imposed upon and is to be charged to and paid by the owner of each dwelling unit, improved property, commercial establishment, industrial establishment and any other facility hereafter described, who or which shall physically connect its or their property to the sewer system, whether such use shall be direct or indirect, and subject further to the conditions stated in § 150-91.
The development and determination of the tapping fee herein
is based on financial information and data, including a Recommended
Five Year Capital Improvement Plan prepared by the Township Sewer
Engineer and presented to Township at or prior to the date of the
adoption of this article and copies of the same were made available
to the public at the public meeting at which this article is adopted.
The tapping fee shall be calculated as follows:
A.
Capacity part. The fee for capacity-related facilities which provide
service by connection to the sewer system shall be $3,350 per equivalent
dwelling unit (EDU) in accordance with the table below:
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Schedule of EDU Values
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Property To Be Connected
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EDU Value
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Each private dwelling unit or living unit (including each home,
townhouse, condominium unit or apartment unit)
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1 EDU/unit
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Each firehouse or municipal building
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1 EDU/connection
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Each church
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1 EDU/connection
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Each retail store
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1 EDU/3,500 sq. ft.
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Each strip mall, strip plaza, shopping mall, whether enclosed
or not, consisting of 2 or more connected units, in lieu of separate
calculations for retail stores, restaurants, offices and any other
uses, but excluding laundromats, which shall be calculated separately
as indicated below on this schedule
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1 EDU/2,200 sq. ft.
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Each office, office building, or portion of a building used
for business and/or professional offices (excluding doctor's and dentist's
offices, for which additional tapping fees will be charged in accordance
with categories below on this schedule)
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1 EDU/25,000 sq. ft.
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Each warehouse, in addition to office space
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1 EDU/25,000 sq. ft.
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Each industrial establishment, excluding process waste
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1 EDU/3,500 sq. ft.
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Each doctor's office
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1 EDU/2 examining rooms
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Each dentist's office
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1 EDU/3 dental chairs
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Each retail gas station without car-washing facilities
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2 EDUs/connection
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Each retail gas station with car-washing facilities
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3 EDUs/connection
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Each hotel or motel, in addition to restaurant or bar
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1 EDU/2.5 rooms
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Each restaurant, barroom, or other commercial establishment
(not otherwise classified herein), which regularly dispenses food
and/or beverages
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1 EDU/10 seats
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Each banquet room (room not used for general restaurant trade,
but used for group functions)
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1 EDU/30 seats
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Hospital
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1 EDU/1.5 beds
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Rest homes, nursing homes
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1 EDU/2.5 beds
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Funeral homes
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1 EDU/2 viewing rooms
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Each public or private day school (in accordance with rated
capacity)
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1 EDU/15 teachers, employees and pupils
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Each boarding school
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1 EDU/3 pupils
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Each day-care school (in accordance with rated capacity)
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1 EDU/20 teachers, employees and pupils
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Self-service laundromat
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1 EDU/2 machines
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Theaters
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1 EDU/100 seats
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Bowling alleys, in addition to restaurant facilities
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1 EDU/5 alleys
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Industrial process waste, cooling water, or any water or wastewater
discharge other than normal domestic waste
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1 EDU/280 gallons/day (average daily flow)
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Any other uses not classified above
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To be determined by Authority
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The minimum tapping fee for each connection to the sewer system
shall be $3,350.
In case of a combination of one or more dwelling units each
thereof having use of the sewer system through one sewer connection,
then each such dwelling unit shall be charged the fee herein provided
as though each dwelling unit had a direct and separate connection
to the sewer system. Each dwelling unit in a double house, row or
connecting houses, and in a trailer park or mobile home park shall
be considered as a separate entity for the purpose of calculating
the tapping fee. In the case of apartment buildings or condominiums,
each apartment unit and each condominium unit shall be considered
a dwelling unit, and one tapping fee shall be paid for each dwelling
unit, and one tapping fee shall be paid for each dwelling unit within
the apartment building or condominium but paid by the owner of the
apartment building or condominium, as distinguished from the apartment
unit or condominium unit owner.
Where two or more buildings or structures are connected to the sewer system through a single service connection or where two or more uses are made of the same improved property (i.e., motel with a restaurant, retail store with a restaurant, home with a professional office, etc.), the tapping fee determination shall be computed as though such building and each type of use were separate improved properties or uses with separate sewer connections. For connected buildings of multiple users with one sewer connection, see § 150-91.
Where any building connected to the sewer system shall be converted, enlarged or remodeled or additional buildings shall be constructed on a property and connected indirectly to the sewer system through an existing lateral, or connected directly through a new lateral so as to create or establish more extensive use or additional uses as classified in § 150-85 above, an additional tapping fee in accordance with § 150-85, and subject also to the provisions of § 150-91, for each such additional use, shall be payable to the Township by the owner of the property so improved.
Where square footage is used to determine tapping fee EDU values,
the gross floor area of the building, including the total of each
floor and basement, shall be used.
A.
The owner of any building or property connected to the sewer system shall be entitled to discharge a maximum of 280 gallons per day (gpd) of water or wastewater into the sewer system per EDU value for the use made of the subject property, in accordance with the schedule provided in § 150-85.
B.
For those properties connected to the sewer system prior to the effective
date of this article, each property, irrespective of ownership and
whether title was held in the same name during the entire period,
shall have a reserved allocated capacity based on a minimum of 280
gallons per day or on the average usage in gallons per day over the
prior three consecutive years, commencing with the end of calendar
year 2003, whichever is higher, and revised annually for any usage
increase over that amount for which additional tapping fees will be
charged equal to each additional EDU of usage over the previous reserved
allocated capacity. Where usage exceeds the allocated reserved capacity,
the new allocation will be designated in multiples of full EDU values.
Hence, as an example, if the prior allocated reserved capacity for
a property was two EDUs, and in a subsequent year the usage for the
year was 2 1/2 EDUs, the new allocation of reserved capacity
would be three EDUs, and one additional tapping fee would be payable.
C.
For those properties connected to the sewer system on or after the effective date of this article, the reserved allocated capacity shall be in accordance with the table set forth in § 150-85 according to the usage for which tapping fees were originally paid when the property was connected, and revised annually for any usage increase over the amount calculated at the time of connection, for which additional tapping fees will be charged equal to each additional EDU of usage over the reserved allocated capacity.
D.
Whenever the usage is changed to a more water-intensive use than
the previous, reserved allocated capacity will be increased in accordance
with the new use, and additional tapping fees shall be due and payable
immediately.
E.
For properties consisting of but one connection to serve more than one user, use, owner, tenant, subtenant, office, industrial or commercial establishment, professional office or restaurant, but subject to the provisions of § 150-87, the allocation of reserved capacity shall be for the entire premises irrespective of the number of units served by the single connection.
F.
As provided in Subsections B and C above, if it is determined at the end of any year after calendar year 2003 that the water or wastewater discharge volume for any property exceeds the above-mentioned reserved allocated capacity for any owner, the owner shall pay an additional tapping fee for the excess discharge over the reserved allocated capacity for that property at the rate of $2,400 per EDU. Upon payment of the additional tapping fee, the Township shall adjust the tapping fee EDU value of the property on its records. Once a tapping fee has been paid, it will not be decreased, and no refunds will be made for wastewater discharges less than the allowable. This section does not apply to dwelling units, firehouses, municipal buildings or churches, sanctuary and church fellowship-Sunday school facility, volunteer nonprofit emergency, ambulance or rescue squad and paramedic organizations.
In order that the Township may verify the adequacy of the tapping
fees imposed on any building connected to the sewer system, each building
so connected or to be connected must utilize one or more properly
functioning water meters to determine, at all times, the total volume
of water usage. Meters installed on the public water supply must conform
to the requirements of the water supplier. Meters installed on the
private water supply must be provided, installed and maintained by
the property owner and must be acceptable to Forks Township.
The tapping fee shall be due and payable at the time the application is made to the Township to make any such connection to the sewer system as provided in § 150-82 or at the time the application is made to the Township for a building permit, whichever occurs first; or, for properties not connected, on the date when the Township shall connect or order the property owner to connect any such improved property, dwelling unit, commercial or industrial establishment or other facility intended or required to connect to the sewer system at the cost and expense of the owner when such owner shall have failed to make such connection as required by the Township pursuant to the provisions of the Connection Ordinance, as the same may hereafter be amended or supplemented, whichever shall occur earlier; or when the use of the property is changed to a more intensive water or wastewater usage or when the water or wastewater usage of said property exceeds the allocated capacity set forth in § 150-91.
Should any owner of any dwelling unit, improved property, commercial
establishment or industrial establishment or any other facility herein
described which heretofore connected to, the sewer system or hereinafter
connected to the sewer system expand the use of said property, a tapping
fee, calculated in the manner set forth herein, is hereby imposed
upon the expanded portion of such property.
All tapping fees shall be payable to the Township or to such
officer or representative of the Township as shall be authorized,
from time to time, to accept payment thereof.
Payment of tapping fees charged by the Township pursuant to
this article shall be enforced by the Township in any manner appropriate
under the laws at the time in effect.
The tapping fees imposed hereunder shall be in addition to any
fees or charges imposed by the Forks Township Connection Ordinance
aforesaid, as amended, or Forks Township Rate Ordinance, as amended,
or any other fees or charges fixed or imposed by the Township.
The Township ratifies, adopts and incorporates by reference
all existing rules, regulations and resolutions of the Authority,
to the extent that they are not inconsistent or in conflict with the
provisions of this article.
The Township hereby appoints such officers, employees or agents
as may be appointed or designated from time to time by the Township
as its agent or agents to collect and pay over to the Township the
tapping fees hereby imposed and to do all acts necessary or desirable
to determine, charge and collect the same.
