[Adopted 6-30-2005 by Ord. No. 2005-04]
As used in this article, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
APPLICANT
An applicant for a connection to or additional use of the water system.
DWELLING UNIT
Any room or group of rooms intended for separate occupancy as a single habitable residential unit with sleeping, cooking and lavatory facilities.
EQUIVALENT TYPICAL DWELLING UNIT or ETDU
A unit of measure for determining water tapping fees, which unit equals 172.25 gpd, which is based on an average dwelling unit occupancy of 2.65 persons times a per capita water usage of 65 gpd.
GALLONS PER DAY or GPD
A peak daily average of the gallons of water which is or may be used, which average is used to determine the water tapping fee.
USE
Each dwelling unit and each separate business, profession, occupation, leasehold and/or condominium, in which or where an operation or activity is or is intended to be conducted, whether commercial, industrial, institutional or other nonresidential use.
WATER SYSTEM
The Borough's public water supply system.
WATER TAPPING FEE(S)
Charge(s) for water system capital costs assessed against the owner of the property for connection to the water system and/or for a change to a use previously connected, which change may increase water usage.
A water tapping fee is hereby fixed and imposed upon the owner of the property where a use is to be connected to the water 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, connected separately or through one or more existing or new service connections or supply lines owned by any owner other than the Borough. Water tapping fees for each use shall be in accordance with the following:
A. 
The water tapping fee is based upon the following components, which total $8.82 per gallons per day of peak water use:
(1) 
Capacity part: $1.88 per gallon per day.
(2) 
Collection part: $6.94 per gallon per day.
B. 
The water tapping fee fee each dwelling unit shall be $1,517.04;
C. 
The water tapping fee for each use other than a dwelling unit shall be based initially upon the applicant's estimate of the projected gpd of water use from the proposed use; however, in no case shall the water tapping fee be less than that for one ETDU (i.e., $1,517.04).
D. 
If any building connected to the water 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 water system through an existing service or private supply line, so as to create or establish (an) additional or expanded use(s), an additional water tapping fee for each such additional or expanded use shall be paid 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.
E. 
The owner of any building, structure or property which contains more than one use shall pay a separate water tapping fee for each use.
F. 
If a connected use is changed, expanded and/or added to, so that additional water use will result, an additional water tapping fee is imposed. Such additional fee shall be equal to the gpd of the additional water usage multiplied by $30.07 per gallon of such usage.
G. 
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 water tapping fee based upon actual additional peak water usage [over the usage for which the use's paid water tapping fee(s) was/were based]. Such additional fee shall be equal to the gpd of the additional water usage multiplied by $8.82 per gallon of such usage.
H. 
The water tapping fee(s) imposed hereunder shall be in addition to:
(1) 
Any connection fee and/or inspection charge imposed by the Borough; and
(2) 
Any rental and/or other service rates and charges fixed, charged or imposed by the Borough by reason of the use, or availability for use, of the water system by uses of the property.
I. 
Application for service. Before any new connection is made to the water 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 increase water usage 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 shall certify, to the Borough, the proposed use or uses and, with respect to each use other than a dwelling unit, the reasonably anticipated water 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 and issues a connection permit therefor and the tapping fee is paid in full.
J. 
The Borough shall have the right, at any time, to investigate the actual water usage of any use connected to the water system to verify that the actual water usage conforms to the applicant's certification, and to impose additional water tapping fees for any additional usage, in accordance with this article.
K. 
Decreased usage. No refund, rebate or credit of water tapping fees shall be made in the event of a decrease in water usage.
L. 
Nontransferable fees. No water tapping fee paid under this article for a use on any property shall be transferable to any other property.
M. 
Time for payment. Water 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.
A. 
If a use is connected and/or begun before paying the required water 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 water tapping fee.
B. 
All water 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 water 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.