[Adopted 10-7-2003 by Ord. No. 308]
Section 5622 of the Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq., empowers municipalities which have created
municipal authorities to signify by appropriate action the requirement
of the municipality that the authority convey a project to the municipality.
By ordinance enacted October 7, 2003, Borough Council directed Adamstown
Borough Authority of Lancaster County to transfer its public wastewater
collection, conveyance and treatment system to the Borough. The Borough
therefore desires to establish tapping fees for the connection to
or expansion of the use of the sewer system now owned by the Borough.
In the interpretation of this article, the singular shall include
the plural, and the masculine shall include the feminine and neuter.
The following terms shall have the meanings indicated:
The fee imposed to recover the Borough's costs in processing
applications, issuing connection permits, conducting required inspections
of facilities installed, and similar matters, which fee shall be established
by separate resolution.
[Amended 7-5-2005 by Ord.
No. 318]
The Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq., as amended and supplemented.
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
A fee based upon the actual cost of the connection of the
improved property extending from the Borough's main to the property
line or curb stop of the improved property so connected, including
reasonable costs for inspection and restoration. A connection fee
shall be considered the fee referred to as a "connection fee" in the
Municipality Authorities Act.
A fee imposed under the authority of the Authorities Act
to reimburse the Borough for its costs relating to the provision of
a sewage flow meter, remote reader and any other necessary metering
facilities.
An improved property or portion thereof containing one room,
a group of rooms, mobile home, building or other enclosure connected,
directly or indirectly, to the sewer system and occupied or intended
for occupancy as a separate living quarters by a family or any other
group of persons living together or by a person or persons living
alone. Each dwelling unit shall be considered one EDU.
An equivalent dwelling unit; the amount of wastewater discharged
into the sewer system by an average dwelling in a day, which is estimated
to be 238.56 gallons per day, and which figure includes a factor to
account for inflow and infiltration. Nonresidential units shall be
assigned a number of EDUs based upon the estimated or actual wastewater
discharged, and each 238.5 gallons per day of wastewater discharged
or estimated to be discharged, together with the factor for inflow
and infiltration, shall be considered one EDU, with such wastewater
discharge being calculated using the consecutive ninety-day period
with the highest discharge.
[Amended 7-5-2005 by Ord.
No. 318; 2-4-2014 by Ord. No. 375; 6-7-2022 by Ord. No. 414]
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and at which structure wastewater shall be discharged.
An improved property other than a dwelling unit. Nonresidential
units shall include but not be limited to all improved properties
used for commercial, industrial or institutional purposes.
Any person vested with the ownership, legal or equitable,
sole or partial, of any improved property.
Any individual, partnership, estate, trust, firm, association,
corporation, limited liability company, municipality, municipal authority,
school district or any other group or legally recognized entity.
Wastewater collection, conveyance and treatment facilities
owned by this Borough, required for rendering sewer service in and
for portions of the Borough and owned, leased or in which rights of
use and/or capacity has been obtained by this Borough.
A fee imposed under the authority of the Authorities Act
to enable the recovery of the Borough's equity in the sewer system,
which shall be composed of a capacity part and a distribution part
and may, in the future, if warranted, include for some customers a
special purpose part and/or a reimbursement part. A tapping fee shall
be considered the fee referred to as a "tapping fee" in the Municipality
Authorities Act.
No person shall connect any improved property with any part
of the sewer system without first making application for and securing
a permit, in writing, from the Borough. The application shall be made
on a form provided by the Borough, and no application shall be considered
complete until all fees imposed in this article have been paid in
full. A permit shall be valid for a period of 12 months from the date
of issuance, and a permit shall expire if the connection is not made
within the twelve-month period.
The owner of each improved property who or which shall physically
connect such improved property to the sewer system shall pay a connection
fee to reimburse the Borough for the costs of making such connection
to the sewer system. The amount of the connection fee for each connection
to the sewer system shall be the actual cost incurred by the Borough,
including the cost of inspection and restoration. The owner of the
improved property shall deposit with the Borough the sum of $1,500
to be placed in escrow in order to insure reimbursement of the Borough's
actual costs in connecting the improved property to the sewer system.
In the event the actual expenses incurred by the Borough in the owner's
improved property to the sewer system exceed $1,500, the owner shall
pay such excess amount within 30 days of receipt of the Borough's
invoice for such expenses. In the event that the actual expense incurred
by the Borough in connecting the owner's improved property to the
sewer system is less than $1,500, the Borough shall refund such excess
amount, without interest, to the owner.
A tapping fee as set forth in § 237-39 of this article is imposed upon and shall be collected by the Borough from the owner of each improved property who or which shall physically connect such improved property to the sewer system or who or which shall expand, change or intensify the use of an improved property previously connected to the sewer system for the use of the sewer system, whether such use or the expansion, change or intensification of such use shall be direct or indirect. A tapping fee is charged for each dwelling unit and each nonresidential establishment as set forth in § 237-39.
A.
Each owner of improved property shall pay a tapping fee for the use,
ability to use, or expansion of use of the sewer system, calculated
as follows:
[Amended 7-5-2005 by Ord.
No. 318; 4-7-2009 by Ord. No. 349; 2-4-2014 by Ord. No. 375; 6-7-2022 by Ord. No. 414]
B.
In case of a combination of two or more dwelling units, each having
use of the sewer system through one sewer connection, each such dwelling
unit shall be charged the tapping 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, each apartment shall be considered a dwelling
unit, and one tapping fee shall be paid for each dwelling unit within
the apartment building.
C.
The amount of the tapping fee for each improved property for the
use of the sewer system shall be based upon the number of EDUs attributable
to the use based upon estimated wastewater discharge. If necessary,
the wastewater discharge shall be estimated by the Borough or the
Borough's consulting engineer using standard engineering data and
procedures. Within one year following the date of connection, the
Borough shall make an analysis of actual wastewater discharge or,
if discharge is not separately metered, actual water consumption,
and the Borough shall thereafter adjust the tapping fee previously
collected, either upward or downward, based on the actual wastewater
discharge or water consumption. In no event shall the tapping fee
for an improved property be less than the tapping fee for one EDU.
[Amended 7-5-2005 by Ord.
No. 318]
D.
If an applicant for capacity in the sewer system or an owner of improved
property which will expand its use of the sewer system has submitted
or shall submit a planning module for land development to the Pennsylvania
Department of Environmental Protection or a local agency which has
been delegated to approve such planning documents in accordance with
Act 149 of 1994, which sets forth the capacity in the sewer system
required by the applicant or the owner for the improved property,
the amount of the tapping fee shall be based upon the number of EDUs
attributable to the use or expansion of the use calculated used the
capacity requirement set forth in the planning module for land development.
The tapping fee shall not be reduced, regardless of actual consumption,
unless and until a revision to the planning module for land development
is filed with, and approved by, the Department of Environmental Protection
or the delegated local agency, reducing the projected capacity required.
E.
The tapping fee shall not be charged for the reoccupancy of vacant
buildings where flows have temporarily been reduced or eliminated.
Should any owner of any improved property connected to the sewer
system expand, change or intensify the use of said improved property,
the owner shall pay a tapping fee calculated in the manner set forth
in this article upon the expanded, changed or intensified portion
of such use of the sewer system by the improved property. Examples
of an expansion, change or intensification of the use of an improved
property shall include, but shall not be limited to, the installation
of an additional dwelling unit or units in an existing dwelling or
the commencement of a home occupation which requires use of the sewer
system, such as a beauty salon or barber shop; the conversion of a
warehouse to a restaurant or manufacturing facility; or the adding
of a third work shift to an industrial processing operation. A change
in sewer consumption by an improved property of more than 500 gallons
per day on the basis of average daily consumption over the prior 12
months shall be considered an expansion of the use of the sewer system,
regardless of whether the improved property has been enlarged or any
new use has been instituted. The Borough may compare current consumption
with consumption previously approved by means of the payment of tapping
fees or the approval of a planning module for land development or
with the last-calendar-year average daily consumption based on sewer
meter readings for the entire year to determine whether there has
been a change in sewer consumption exceeding 500 gallons per day,
regardless of whether the improved property has been expanded or any
new use has been instituted.
The connection fee and the tapping fee shall be due and payable at the time application is made to the Borough to make any such connection to the sewer system as provided in § 237-36, or at the time application is made to the Borough for a zoning permit, or when the use of an improved property connected to the sewer system is expanded, as the same may hereafter be amended or supplemented, whichever shall occur earlier.
All connection fees and tapping fees shall be payable to the
Treasurer of this Borough or to such other officer or representative
of this Borough as shall be authorized, from time to time, to accept
payment thereof. Connection fees and tapping fees which are not paid
in full when due shall bear interest at the rate of 12% per annum
or at the rate of any outstanding debt incurred by the Borough, whichever
is greater.
The connection fees and tapping fees imposed hereunder shall be in addition to any fees or charges imposed by the Rate Ordinance, codified as Article II, Rents and Charges, of this Chapter 237, or any other fees or charges fixed or imposed by the Borough by reason of the reservation of capacity in the sewer system or the use, or availability for use, of the sewer system, or an administrative fee which the Borough may impose by resolution.
[Amended 7-5-2005 by Ord.
No. 318]
Upon the expiration of a connection permit and upon request
of an applicant, the Borough will refund the tapping fee, less an
administrative processing cost of 5%. No refund of the administrative
fee shall be made. Such refunds must be requested by the applicant
promptly, but in any event not later than six months after the expiration
of a permit. If the applicant elects to proceed with construction
in the future, the applicant shall make a new application for a connection
permit and shall pay all tapping, connection and customer facilities
fees the Borough imposes, together with all the administrative fees,
in effect at the time the applicant makes reapplication for a permit.
Any person who or which shall violate or shall assist or permit
any other person to violate any of the provisions of this article
shall, upon conviction thereof in a summary proceeding, be sentenced
to pay a fine of not less than $100 nor more than $600 and, in default
of payment of the fine, such person shall be liable to imprisonment
for not more than 30 days.
In addition to or in lieu of the penalties provided in § 237-45 hereof, the Borough may commence actions to collect fees which are due and payable under this article and/or may file a municipal claim for the unpaid fees, plus costs of collection including the reasonable attorneys' fees incurred by the Borough, against the improved property. Any violations of this article may be abated by proceeding against the violator in a court of equity for relief.
[Amended 7-5-2005 by Ord.
No. 318]
This Borough reserves the right, from time to time, to adopt
modifications of, supplements to, or amendments of this article. The
Borough reserves the right to establish separate service areas, which
may have a special purpose part and/or reimbursement part of the tapping
fee in addition to the capacity part and collection part imposed throughout
the sewer system. Where an extension of the sewer system has been
made at the expense of a private person, the Borough reserves the
right to require payment of a reimbursement part of the tapping fee.
[Amended 7-5-2005 by Ord.
No. 318; 4-7-2009 by Ord. No. 349; 2-4-2014 by Ord. No. 375; 6-7-2022 by Ord. No. 414]
In accordance with the requirements of Act 57 of 2003, a report
showing the calculation of the fees imposed by this article is attached
hereto as Exhibit A and incorporated herein, and supplements to said
report entitled "2009 Update Sewer Tapping Fee Determination," "2014
Update Sewer Tapping Fee Determination," and "Sewer Tapping Fee Calculation
Dated 23 March 2022" are also attached hereto as part of Exhibit A
and incorporated herein.[1]
[1]
Editor's Note: Said Exhibit A and supplements to the report
are on file in the Borough offices.
