[Adopted 5-9-2007 by Ord.
No. 1-2007]
When used in this article, the following words, terms and phrases
shall have prescribed to them the meanings hereafter set forth:
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.
The Borough of Whitaker, Allegheny County, Pennsylvania.
Refers to an improved property which 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.
The fee authorized by 53 Pa.C.S.A. § 5607 and representing
the cost of the connection of the improved property extending from
the Borough's sewer main to the property line or curb stop of such
improved property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The fee authorized by 53 Pa.C.S.A. § 5607 and representing
the cost of the connection of the improved property from the property
line or curb stop to the existing or proposed dwelling or building
to be served.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Refers to an improved property which is intended to be used
for continuous or periodic habitation by human beings in a single-family
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 volume of sanitary
sewage generated by one EDU is stated to be 302 gallons per day average.
In the case of apartment or office uses, commercial uses, industrial
uses and all other uses, one EDU shall be equal to 302 gallons per
day average.
Any property located within the Borough's service area upon
which there is erected a structure or structures intended for continuous
or periodic habitation, occupancy or use by human beings or animals
and from which structure or structures sanitary sewage and/or industrial
wastes shall be or may be discharged.
Refers to 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.
Any solid, liquid, gaseous or waterborne wastes from industrial
processes or commercial establishments, as distinguished from sanitary
sewage.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Includes natural persons, partnerships, companies, societies,
trusts, associations and corporations and other groups or entities,
public and private.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and industrial and commercial
establishments, exclusive of stormwater runoff, surface water or groundwater.
The fee authorized by 53 Pa.C.S.A. § 5607 and the
Borough Code, 8 Pa.C.S.A. § 2053, which is required to be
paid upon the connection of any improved property to the sewer system
owned and operated by the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall connect any improved property with any part of the sewer system owned by this Borough without first making application, securing a permit therefor, in writing, from this Borough and making payment of the various fees in the amounts set forth in § 329-39 of this article. Such application shall be made on a form to be provided by this Borough.
A.
Connection fee. In lieu of the payment of a connection fee, the Borough
requires that the installation of the lateral or connection be made
at the expense of the owner of the improved property, in which case
no connection fee shall be payable to the Borough. In those cases,
however, where the Borough does install the lateral or connection,
the fee to be charged by the Borough for the installation of such
lateral or connection shall be the actual cost of such connection
as incurred by the Borough.
B.
Customer facilities fee. Since the Borough does not install building
sewers, no fee is provided herein for the cost of connecting an improved
property from the property line or curb stop to the existing or proposed
dwelling or building to be served by the sewer system. However, pursuant
to 53 Pa.C.S.A. § 5607 and the Borough Code, 8 Pa.C.S.A.
§ 2053, the following fees or charges are hereby imposed,
where applicable, as customer facilities fees:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
For inspection of a sewer connection to the sewer system, including
trap, cleanouts and fresh air vent, the Borough shall charge an inspection
fee, which inspection fee shall be established by resolution of the
Borough Council. The Borough Council shall also establish a fee for
each additional inspection required, which fee shall be established
by resolution of the Borough Council.
(2)
In those cases where the Borough is entitled to charge the owner
of an improved property for the cost of a water meter and/or the installation
of the same, the fee or charge hereby imposed shall be the current
cost incurred by the Borough in connection with the purchase of such
water meter and its appurtenances and the actual costs incurred by
the Borough in connection with the installation thereof.
C.
Tapping fee.
(1)
Pursuant to 53 Pa.C.S.A. § 5607 and as determined in the
report prepared by the Borough's Engineer, a tapping fee, in an amount
set by resolution of the Borough Council, is hereby imposed against
any improved property and against the owner of such improved property
whenever such owner hereafter shall connect any such improved property
with a sewer main constituting a portion of the sewer system owned
and operated by the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The tapping fees are imposed and payable for each separate use made
within any improved property. In the case of domestic uses and apartment
or office uses, a separate tapping fee shall be paid for each dwelling
unit or apartment or each office or suite of offices. In the case
of commercial uses, industrial uses and all other types of uses, a
separate tapping fee shall be paid for each separate use or type of
use made within such improved property.
(3)
In those cases where an improved property is already connected to
the sewer system and where there is an expansion of, addition to or
a change in the use of such improved property which results in an
increase in the volume of sanitary sewage discharged from such property,
an additional tapping fee shall be paid for each additional EDU or
the equivalent flow generated by such expansion, addition or change
in use, based upon the additional estimated average daily flow of
sewage to be generated by or discharged from such improved property.
Where the additional actual average daily flow generated from or discharged
by such improved property during the first full quarterly billing
period after substantial occupancy exceeds the estimated flow, the
owner of such improved property shall be required to pay the additional
tapping fees as determined from the actual flow records, and where
said actual flow is less than the estimated flow, an appropriate refund
shall be made to said owner.
(4)
The tapping fee established by this article may be amended and changed
from time to time by resolution duly adopted by the Borough Council
of Whitaker Borough, Allegheny County, Pennsylvania. It shall not
be necessary for the Borough Council to adopt a new ordinance to change
the amount of the tapping fee, but rather, such fee may be amended
and changed by resolution of the Borough Council.
(5)
In lieu of the payment of the above tapping fee, 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 sewer system.
A.
The connection charge, customer facilities fee and tapping fee imposed
hereunder with respect to any improved property to be served by the
sewer system shall be due and payable at the time of the filing of
the application to connect such property to the sewer system or within
60 days of the date the owner of such property is notified by the
Borough to connect such improved property with the sewer system, whichever
occurs sooner.
B.
In the case of any new development requiring the approval of a subdivision
or land development plan by Whitaker Borough and/or where the Borough
is required to approve a planning module for submission to and approval
by the Pennsylvania Department of Environmental Protection in connection
with such development, it shall be a condition of the approval of
such planning module by the Borough that the tapping fee established
in this article shall be paid or secured by financial security acceptable
to the Borough prior to or simultaneously with the approval of said
module, and no capacity in the sewer system shall be guaranteed for
such development in the absence of such payment or the securing thereof.
Any tapping fee or fees paid in order to guarantee sewer capacity
as provided in this subsection 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 lot, subdivision or land
development without the express written 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 by any means of any
unimproved lot, parcel, tract of any part of a subdivision or land
development, the 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
capacity. Any such capacity guaranteed by the payment of the tapping
fees as provided in this subsection 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 guaranty, which renewal or extension shall
be limited to a maximum of one additional three-year period.
C.
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 Borough as shall be authorized, from
time to time, to accept payment thereof.
The connection fees, customer facilities fees or tapping fees
imposed by this Borough shall be a lien on the improved property connected
to and served by the sewer system where such fees or charges are not
paid as provided herein, which lien shall be filed in the office of
the Prothonotary of Allegheny County, Pennsylvania, 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 Borough in any manner appropriate under existing
laws at the time they become due and payable.
This article shall be effective immediately and shall apply
to the entire sewer system owned and operated by the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
