[HISTORY: Adopted by the Borough Council of the Borough of Adamstown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 237.
Streets and sidewalks — See Ch. 257.
Subdivision and land development — See Ch. 265.
Zoning — See Ch. 320.
[Adopted 4-24-1939 by Ord. No. 58 (Ch. 26, Part 1, of the 1990 Code of Ordinances)]
[Amended 6-10-1957 by Ord. No. 106; 10-2-1990 by Ord. No. 244; 10-1-2013 by Ord. No. 372; 12-2-2025 by Ord. No. 424]
Unless other expressly stated, the following words shall, for the purpose of this Article I, have the meanings herein indicated.
CONSUMER
The record owner of land containing one or more of the following types of units contracting for a supply of water to a property as hereinafter classified, i.e.:
A. 
A building under one roof or a combination of buildings in one common enclosure, occupied by one party as one business and/or residence; or
B. 
A group or combination of buildings owned or leased by one party, occupied by one family or one corporation or firm as a place of business, or for manufacturing or industrial purposes, or as a school, town hall or other public institution; or
C. 
The one side of a double house having a solid vertical partition wall; or
D. 
Each side or part of a building occupied by more than one family or business; or
E. 
Each apartment, office or suite of offices located in a building having more than one such apartment, office or suite of offices and using in common one or more halls and one or more means of entrance; or
F. 
A single lot, park or playground.
No person other than a record owner of land containing a consumer unit as identified above shall be the entity contracting with the Borough for service and responsible for payment of water rates. Each individual unit identified in Subsections A through F above shall be considered a separate consumer for calculation of water rates.
CURB BOX
A vertical cast iron sleeve, accessible from the public right-of-way, housing the curb stop (shutoff valve) for the consumer's private system. The curb box is part of the water system.
CURB STOP
A facility located on a lateral or main which enables the shutoff of water service to a particular consumer and is part of the water system.
PERSON
Includes person or persons, firm or firms, estate, trusts, corporation or corporations, and any other entity.
PLUMBER
Any person or persons, firm or firms, corporation or corporations engaged in the general business of plumbing.
PRIVATE SYSTEM
The water distribution system wholly within the dwelling or dwellings or building or buildings of a consumer and extending from such dwelling or building to the curb stop. The private system does not include the curb stop or the curb box.
WATER COMMITTEE
Such members of the Borough Council who have been appointed to oversee the affairs of the municipal water system by the President of the Borough Council.
WATER METER, NONRESIDENTIAL
Any water meter other than a residential water meter as defined in this § 304-1.
WATER METER, RESIDENTIAL
A water meter for a residential property with a diameter of one inch or less.
WATER RATES
Fixed charges which are imposed and collected by the Borough merely as compensation for the supplying of water to the consumer and the use thereof by the consumer.
WATER SUPERINTENDENT
The person appointed by Borough Council to operate and oversee the operation of the Water System and, as applicable, the assistants of the Water Superintendent designated by the Water Superintendent or Borough Council to perform such duties as may be necessary and proper for the operation of the Water System.
WATER SYSTEM
The municipal water supply system operated by the Borough of Adamstown and all parts of this system (including the curb box and the curb stop) except private systems.
[Amended 6-10-1957 by Ord. No. 106; 5-5-1981 by Ord. No. 194; 12-27-1984 by Ord. No. 204; 1-6-1987 by Ord. No. 214; 12-6-1988 by Ord. No. 230; 12-3-1991 by Ord. No. 250; 9-1-1992 by Ord. No. 252; 3-4-1997 by Ord. No. 280; 12-2-1997 by Ord. No. 285; 12-5-2000 by Ord. No. 297; 12-3-2002 by Ord. No. 305; 1-9-2007 by Ord. No. 336; 11-11-2008 by Ord. No. 344; 1-6-2009 by Ord. No. 346; 12-1-2009 by Ord. No. 353; 4-5-2011 by Ord. No. 358; 12-6-2011 by Ord. No. 363; 12-3-2024 by Ord. No. 419; 1-5-2026 by Ord. No. 427]
A. 
Effective for the quarterly bill forwarded on or after January 1, 2026, covering the quarterly period ending December 31, 2025, and thereafter, there is hereby imposed upon the owner of each property serviced by the Water System quarter-annual water rates based upon water consumption as determined by the quarterly reading of water meters as follows:
(1) 
First 3,000 gallons or less per quarter: $29.21.
(2) 
Next 1,000 gallons per quarter (i.e., 3,001 to 4,000 gallons or less per quarter): additional $7.70.
(3) 
Next 1,000 gallons per quarter (i.e., 4,001 to 5,000 gallons or less per quarter): additional $7.70.
(4) 
Excess over 5,000 gallons per quarter: additional $6.50 per 1,000 gallons or portion thereof.
B. 
If two or more consumers are supplied from one connection, the minimum water rate of $29.21 per quarter is hereby imposed for each separate consumer. If water used in any quarter is in excess of 3,000 gallons multiplied by the number of consumers supplied from the single connection, water rates as set forth in § 304-2A above shall apply to such excess.
C. 
All water rates, together with any penalties thereon, shall be paid by the consumer to the Borough for the use of the Borough at the times and in the manner hereinafter specified.
D. 
The water rates herein imposed shall be computed quarterly for the calendar quarters beginning on January 1, April 1, July 1, and October 1 of each calendar year. Water rates shall be billed for the preceding calendar quarter. Water rates shall be paid on or before the 30th day after the mailing date indicated on the bill.
(1) 
If the consumer fails to pay the bill for water rates within 30 days after the date of mailing indicated on the bill, such bill shall be deemed delinquent. A penalty of 10% shall be added to such bill plus any certified and other mailing costs and any nonsufficient funds charges incurred by the Borough. The amount of the bill, plus the ten-percent penalty, plus other charges shall thereafter constitute the gross water bill.
(2) 
The gross bill shall bear interest at the rate of 1 1/2% per month or fraction thereof beginning 30 days after the mailing date indicated on the water bill. This is an annual percentage rate of 18%. Interest shall continue to accrue until the delinquent account is paid in full.
(3) 
In the event that the Borough institutes a civil action to collect delinquent water rates, the consumer shall be responsible for all costs arising out of the civil action, including but not limited to filing fees and the costs of service of process (whether by certified mail or other means).
(4) 
Each consumer shall be responsible for all costs which the Borough incurs in filing a municipal lien to secure payment of delinquent water rates, including but not limited to certified mail charges for notification of intent to include attorneys' fees in the amount of the municipal lien, attorneys' fees, and filing fees.
E. 
In the event that a consumer fails to pay the water rate due, together with the penalty thereon, within one month after the same shall become due, the Water Superintendent shall, after providing any notices to the consumer which may be required by statute, shut off the water supply to the delinquent consumer. In order to resume water service, the delinquent consumer must pay all delinquent water rates, including any penalties imposed thereon, and a reconnection fee in the amount established by resolution or ordinance of Borough Council.
F. 
In the event that a consumer fails or refuses to pay water rates due and/or penalties imposed thereon, Borough Council may direct the Borough Solicitor to file a municipal claim against the property to which such service has been provided.
G. 
Every owner shall keep the Borough advised of his correct address. Failure of any owner to receive his quarterly bill shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of time during which the net bill is payable.
H. 
The person appointed by Borough Council to collect the water rates shall furnish a bond in an amount reasonably estimated to reflect the water rates and fees to be collected on a quarterly basis or such greater amount as may be required by any loan documents or trust indenture, conditioned for the faithful performance of such duties, which bond shall be approved by the Borough Council.
[Amended 6-10-1957 by Ord. No. 106; 5-5-1981 by Ord. No. 194; 12-27-1984 by Ord. No. 204; 10-2-1990 by Ord. No. 244; 9-1-1992 by Ord. No. 252; 10-1-2013 by Ord. No. 372; 10-2-2018 by Ord. No. 392; 12-2-2025 by Ord. No. 424]
Borough Council shall appoint a Water Superintendent, who shall hold such position and who shall serve at the pleasure of Borough Council. The Water Superintendent, under the direction of Borough Council and the Water Committee, shall manage and operate the Water System. He shall have charge of all equipment, tools, plant, mains, connections, fire hydrants, reservoirs, and pumps.
A. 
The Water Superintendent shall make all meter readings required to bill consumers for water consumed. The Water Superintendent shall work with the Borough Secretary and any other person designated by Borough Council to compute the amount due from each consumer, prepare bills, and deliver same to each consumer. The Superintendent shall keep accurate records of all meter readings, reservoir readings, supplies and materials used in the operation of the Water System.
B. 
The Water Superintendent shall maintain fire hydrants in proper condition so that they will be available for immediate service at all times. To the extent required, the Water Superintendent shall work with the volunteer fire companies providing service to the Borough to ensure that adequate fire flow protection may be maintained.
C. 
At each regular meeting of the Borough Council, the Water Superintendent shall make a complete report of the work done during the preceding month or period. Said report shall include repairs made and such other matters as Borough Council may from time to time require.
D. 
In the event any leakage, waste of water or unnecessary flow of water comes to the knowledge of or is reported to the Water Superintendent, he shall immediately correct the condition causing the leakage, waste or unnecessary flow in the following manner: If said leakage, waste or unnecessary flow is in a private system and is caused by a willful or negligent act of a person or by a defect in the private system, and the consumer refuses to make immediate repairs, the Water Superintendent may shut off the water and discontinue service to said consumer until the defect is remedied. In the event that the leakage, waste or unnecessary flow occurs in the Water System, the Water Superintendent shall take all necessary steps in order to efficiently and in a workmanlike manner repair and correct the condition.
E. 
The Water Superintendent shall have the duty to supervise all connections and repairs to the Water System and see that they are made in a proper, workmanlike and efficient manner.
F. 
Conditions for connections.
(1) 
All connections from the water main to the curb box and from the curb box to the private system shall be made at the expense of the applicant for a connection permit as hereafter designated who shall be the record owner of the land. No person shall make or cause to be made a connection of a property with the water system until the following conditions have been fulfilled:
(a) 
The Secretary of the Borough shall have been notified at least 24 hours in advance of the time when such connection will be made.
(b) 
The required permit shall have been obtained.
(c) 
All fees imposed by the Borough have been paid.
(d) 
Any required street opening permit has been obtained and paid for by the owner.
(e) 
The Water Superintendent has reviewed and approved the plans for the connection.
(2) 
All connections shall be made only by plumbers experienced in such connections.
G. 
All connections from the water main to the private system shall be made under the supervision of the Water Superintendent. Before any water is permitted to flow into the private system, the Water Superintendent shall inspect the same and approve the private system and connection. Said approval shall be endorsed on the connection permit and returned by the consumer to the Water Superintendent, who shall file it with the records pertaining to the Water System.
H. 
Water meters.
(1) 
All residential water meters shall be supplied by the Borough and installed at the place and in the manner directed by the Water Superintendent. After installation, the location of the residential water meter shall not be changed, except by the permission and under the direction of the Water Superintendent. All residential water meters shall remain the property of the Borough, and all residential water meter repairs shall be made by the Borough.
(2) 
All nonresidential meters shall be supplied by the consumer. The type of nonresidential water meter shall be acceptable to the Water Superintendent and shall be compatible with the water system including, but not limited to, the Borough's remote reading equipment and billing software. The nonresidential water meter shall be installed at the place and in the manner directed by the Water Superintendent. After installation, the location of the nonresidential water meter shall not be changed, except by the permission and under the direction of the Water Superintendent. Each nonresidential water meter shall be calibrated not less than every three years, and the consumer shall provide proof of calibration at the request of the Water Superintendent. All nonresidential water meters shall be maintained by the consumer at the cost of the consumer. Failure to calibrate or otherwise maintain a nonresidential water meter after notice from the Water Superintendent shall be grounds for termination of water service.
I. 
Every consumer shall maintain a passageway to the water meter and shall keep the water meter accessible for inspection, reading, repair or removal at all times. In the case of breakage, stoppage or other irregularities in the water meter, the consumer in whose premises the water meter is located shall immediately report said condition to the Water Superintendent. The Water Superintendent shall have, to the extent permitted by law, the right of access at reasonable times to the premises served by the water system for the purpose of inspection, measurement, sampling, testing and other functions relating to water service rendered by the Borough. Without limiting the foregoing, the Borough's duly authorized representatives, agents, contractors or employees bearing proper credentials and identification shall be permitted, at reasonable times, to enter upon any premises connected to or about to be connected to the water system for the purpose of inspection, examination of connections to the water system, examination of the water meter, observation, measurement, sampling, and/or testing. Any person who shall refuse to permit the Borough's duly authorized representatives to perform such functions at reasonable times after presentation of property credentials and identification shall be in violation of this chapter. The Borough shall have the right to terminate water service or take any other action permitted by law if the Borough is not provided with reasonable access to inspect, examine, observe, measure, sample, or test connections to the water system and/or the water meter.
J. 
If the Water Superintendent finds a meter seal broken, or other evidence of tampering with the meter, or if a meter fails to register properly, the bill for the period will be estimated from the consumption of preceding periods when water was supplied under similar conditions and correctly measured to the consumer in whose premises the meter is located. The consumer will be charged for such estimated consumption.
K. 
Whenever a drought warning or drought emergency occurs, the Borough Council, in its discretion, may authorize the Mayor to issue a proclamation prohibiting the use of water from the Water System for any other than necessary human consumption and sanitary domestic needs. Consumers shall comply with any restrictions upon water consumption imposed by the Pennsylvania Emergency Management Council during times of drought emergencies.
L. 
Whenever the premises of a consumer is to be vacated, either temporarily or permanently, said consumer shall notify the Water Superintendent prior to vacating the premises. Such notification is required whether the consumer himself occupies the premises of whether a tenant or other person is in possession. When so notified, the Water Superintendent shall turn off the water at the curb box, and a special reading shall be made and billed to the consumer. If water service is discontinued in this manner, the water service shall be restored only upon payment of a reconnection fee as established by Borough Council.
M. 
The consumer shall be responsible for the maintenance of all portions of the private system. Should water leakage occur, the Water Superintendent shall determine whether such leakage is located between the water main and the curb stop and curb box or is located at or after the curb stop or curb box and within the private system. The consumer shall repair any leaks within the private system and, if the consumer fails to do so, water service to the consumer may be terminated by the Water Superintendent in accordance with the provisions of Subsection D of this section.
[Amended 6-10-1957 by Ord. No. 106; 10-11-1965 by Ord. No. 134; 12-27-1984 by Ord. No. 204; 10-2-1990 by Ord. No. 244; 9-1-1992 by Ord. No. 252; ]
A. 
Any person desiring to buy water shall first make application to the Water Superintendent for a connection permit.
B. 
The form of said application shall be prescribed by the Water Committee of the Borough Council and shall be approved by the Borough Council. It shall specify the name of the applicant, the location of the property to be serviced, the number of persons to be supplied or the estimated usage for a nonresidential use, the purpose for which the water is to be used, and the name and address of the plumber to be employed by the applicant to make the connection. The applicant shall pay a permit fee in an amount established by resolution or ordinance of Borough Council to reimburse the Borough for the administrative costs in processing the application and shall pay a connection fee, tapping fee, and customer facilities fee as established by Borough Council. Upon approval of the application by the Water Superintendent and payment of all fees, the Water Superintendent shall issue a connection permit. Connections to the Water System shall comply with all rules and regulations of the Borough and with the requirements set forth in § 304-3 herein.
C. 
In the event two or more consumers desire to be supplied with water from a single connection, the approval of Borough Council shall be obtained before the Water Superintendent shall issue a permit authorizing such connection.
[Amended 10-2-1990 by Ord. No. 244]
A. 
From and after the passage of this Article I, it shall be unlawful for any person:
(1) 
To pollute the reservoir, water system and water supply source;
(2) 
To damage any part of the Water System;
(3) 
To open any fire hydrant and cause a waste of water;
(4) 
To willfully or negligently allow water to flow unnecessarily from the private system in his, her, its or their building or buildings.
(5) 
If entrusted with the spanner for opening fire hydrants, to open the same on any occasion whatsoever except at the request of a member of the Water Committee or the Superintendent or in case of fire;
(6) 
To supply water to any person for the use off the premises of the consumer unless by permission of the Water Superintendent;
(7) 
To vacate any building to which water is being supplied, contrary to § 304-3 hereto;
(8) 
To refuse access to the water meter on the consumer's premises to the Water Superintendent or a Borough employee;
(9) 
To make a meter inaccessible to the Water Superintendent or a Borough employee, contrary to § 304-3;
(10) 
To tamper with, break or destroy any water meter, contrary to § 304-3;
(11) 
To change the location of any water meter;
(12) 
To make a connection to the Water System without first having obtained a connection permit;
(13) 
To employ any plumber other than a licensed plumber and the one so specified in the connection permit to make connections and install a private system;
(14) 
To refuse to obey and follow the directions of the Water Superintendent in installing the connection from the curb box to the private system or the installation of a meter;
(15) 
To do plumbing work contrary to § 304-5 hereof; or
(16) 
To use water from the Water System for other than necessary human consumption and sanitary domestic needs in defiance of a proclamation of the Mayor in accordance with § 304-3 hereof.
B. 
Any person who shall violate a provision of this chapter or who shall fail to comply with the requirements thereof shall be liable, upon summary conviction therefor, to fines and penalties of not less than $250 nor more than $1,000, plus all costs of prosecution, including the Borough's attorneys' fees. All fines and penalties collected for the violation of this chapter shall be paid to the Borough Treasurer. Each day that a violation continues and each section of this chapter which is violated shall be deemed a separate offense. This chapter may also be enforced by an action in equity brought in the Lancaster County Court of Common Pleas.[1]
[Amended 10-2-2018 by Ord. No. 392]
[1]
Editor's Note: Original § 107, Finance, which immediately followed this section, was repealed 9-1-1992 by Ord. No. 252.
[Adopted 1-6-1987 by Ord. No. 215; amended in its entirety 9-1-1992 by Ord. No. 252 (Ch. 26, Part 2, of the 1990 Code of Ordinances)]
Unless otherwise expressly stated, the following words, when used in this Article II, shall have the meanings ascribed to them in this section:
AUTHORITIES ACT
The Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended and supplemented.
[Added 7-5-2005 by Ord. No. 319]
BOROUGH
The Borough of Adamstown, Berks County and Lancaster County, Pennsylvania.
COMMERCIAL ESTABLISHMENT
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, excluding dwelling units.
CONNECTION FEE
A fee based upon the actual cost of the connection of the property extending from the water main to the property line or curb stop of the property so connected, including reasonable costs for inspection and restoration.
CONSUMER
The party contracting for or receiving a supply of water to a property as hereinafter classified, i.e.:
A. 
A building under one roof or a combination of buildings in one common enclosure, occupied by one party as one business and/or residence; or
B. 
A group or combination of buildings owned or leased by one party, occupied by one family, or one corporation or firm as a place of business, or for manufacturing or industrial purposes, or as a school, town hall or other public institution; or
C. 
The one side of a double house having a solid vertical partition wall; or
D. 
Each side or part of a building occupied by more than one family or business, even though the closet and other fixtures may be used in common; or
E. 
Each apartment, office or suite of offices located in a building having more than one such apartment, office or suite of offices and using in common one or more halls and one or more means of entrance; or
F. 
A single lot, park or playground.
CUSTOMER FACILITIES FEE
A fee designed to reimburse the Borough for its costs incurred for facilities serving an improved property from the property line or curb stop to the structure. The customer facilities fee shall include the cost of the water meter, remote reader and other metering facilities and the cost of installation if installed by the Borough.
DEP
The Pennsylvania Department of Environmental Protection or any agency successor thereto.
[Added 7-5-2005 by Ord. No. 319]
DWELLING UNIT
Any room, group of rooms, mobile home, building or other enclosure connected, directly or indirectly, to the Water 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.
EDU
An equivalent dwelling unit; the amount of water consumed by an average dwelling in a day, which is required to be 172.25 gallons per day ("gpd") in accordance with the Authorities Act. Nonresidential uses shall be assigned a number of EDUs based upon the estimated or actual water consumption, and each 172.25 gallons per day consumed or estimated to be consumed shall be considered one EDU, with such consumption being calculated using the consecutive ninety-day period with the highest consumption. In calculating the applicable number of EDUs herein, the number of EDUs shall always be a whole number and any portion whatsoever of an EDU shall be rounded up to the next highest EDU.
[Amended 7-5-2005 by Ord. No. 319; 2-4-2014 by Ord. No. 374; 6-7-2022 by Ord. No. 414]
IMPROVED PROPERTY
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 water shall be consumed.
INDUSTRIAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the Water System and used or intended for use, in whole or in part, in the operation of a business enterprise for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article.
NONRESIDENTIAL ESTABLISHMENTS
An improved property other than a dwelling unit. Nonresidential units shall include but not be limited to all improved properties used as commercial units, industrial units, or for institutional purposes.
[Added 7-5-2005 by Ord. No. 319]
OWNER
Any person vested with the ownership, legal or equitable, sole or partial, of any improved property.
PERMIT FEE
The fee imposed to recover the Borough's costs in processing applications, issuing connection permits, and similar matters, which shall be established by separate resolution.
[Added 7-5-2005 by Ord. No. 319]
PERSON
Any individual, partnership, estate, trust, firm, association, corporation, municipality, municipality authority, school district or any other group or legally recognized entity.
PRIVATE SYSTEMS
The water supply system wholly within the dwelling or dwellings or buildings of a consumer.
TAPPING FEE
A fee imposed under the authority of the Borough Code to enable the recovery of the Borough's equity in the Water 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 Act 203 of 1990.[1]
WATER RATES
The fixed charges which are imposed and collected by the Borough merely as compensation for supplying water to the consumer and the use thereof by the consumer.
WATER SYSTEM
The municipal water supply system operated by the Borough of Adamstown and all parts of the water supply system, except private systems.
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5607.
[Amended 7-5-2005 by Ord. No. 319]
No person shall connect any improved property with any part of the Water System without first making application for and securing a permit, in writing, from the Borough in accordance with § 304-4 of this chapter. Such application shall be made on a form to be provided by the Borough. A permit for connection to the Water System shall be valid for a period of one year from the date of the permit.
A tapping fee as set forth in § 304-10 of this article is imposed upon and shall be collected by the Borough from the owner of each improved property who or which shall connect such improved property, directly or indirectly, to the Water System, for the use of the Water System, whether such use shall be direct or indirect. Such tapping fee is charged for connection of each dwelling unit and each commercial establishment and industrial establishment as set forth in § 304-10.
[Amended 4-6-1996 by Ord. No. 276; 2-2-1999 by Ord. No. 289; 7-5-2005 by Ord. No. 319; 5-5-2009 by Ord. No. 351; 2-4-2014 by Ord. No. 374]
A. 
Each owner of improved property shall pay a tapping fee for the use, ability to use, or expansion of use of the water system calculated as follows:
[Amended 6-7-2022 by Ord. No. 414]
(1) 
Capacity part. The fee imposed to recover the cost of capacity-related facilities which provide service to dwelling units and nonresidential establishments shall be as follows:
(a) 
Dwelling unit: $2,240.
(b) 
Nonresidential establishment (for each EDU or portion thereof): $2,240.
(2) 
Distribution part. The fee imposed to recover the cost of distribution facilities required to provide service to dwelling units and nonresidential establishments shall be as follows:
(a) 
Dwelling unit: $1,412.
(b) 
Nonresidential establishment (for each EDU or portion thereof): $1,412.
B. 
In case of a combination of one or more dwelling units and each thereof having use of the Water System through one water 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 Water 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 connection of each improved property to the Water System shall be based upon the number of EDUs attributable to the use based upon estimated water consumption. If necessary, the consumption 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 consumption, and the Borough shall thereafter adjust the tapping fee previously collected, either upward or downward, based on the actual consumption. In no event shall the tapping fee for an improved property be less than the tapping fee for one EDU.
D. 
If an applicant for capacity in the Water System or an owner of improved property which will expand its use of the Water System has submitted or shall submit a planning module for land development to DEP which sets forth the projected use of capacity in the sewer system owned and operated by the Borough required by applicant for the improved property, the amount of the tapping fee shall be based upon the number of EDUs attributable to the use calculated using the capacity requirements 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 DEP, reducing the projected capacity required.
E. 
The tapping fee shall not be charged for the reoccupancy of vacant buildings where use of the Water System has temporarily been reduced or eliminated.
[Added 9-1-1992 by Ord. 252]
Should any owner of any improved property heretofore connected to the Water System or hereinafter connected to the Water System expand the use of said improved property, a tapping fee, calculated in the manner set forth herein, is hereby imposed upon the expanded portion of such improved property. An expansion of the use of an improved property shall include, but 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 the use of the Water System, such as beauticians or barbers.
[Amended 2-2-1999 by Ord. No. 289; 7-5-2005 by Ord. No. 319; 5-5-2009 by Ord. No. 351; 2-4-2014 by Ord. No. 374; 6-7-2022 by Ord. No. 414]
All owners of improved properties shall pay to the Borough a customer facilities fee. The customer facilities fee shall reimburse the Borough for its costs relating to the provision of a water meter and the installation of a remote reader and other necessary metering facilities. The owner shall install the meter provided by the Borough, and such installation shall comply with all of the Borough's rules and regulations for installation of water meters. The Borough shall determine the type of meter to be installed based on the type of construction and use proposed. After installation of the meter, the Borough shall inspect the installation and shall install a remote reader and any other necessary metering facilities. The customer facilities fee shall be the actual cost of the water meter and associated facilities paid by the Borough, plus the cost for the Borough to inspect the installation of the meter and install the remote reader. The customer facilities fee shall be not less than the costs for the installation of a basic water meter for a dwelling unit of $510, which shall include the actual cost of the meter, an administrative fee, and two inspections, the costs of which may be updated by resolution. The customer facilities fee for nonresidential establishments shall vary depending on the precise size of the water meter and associated equipment and in no case shall be less than $510.
A. 
The permit fee, customer facilities fee, connection fee and the tapping fee, as applicable, shall be due and payable at the time application is made to the Borough to make any such connection to the Water System as provided in § 304-4 of this chapter; or at the time application is made to the Borough for a zoning permit; or on the date when the Borough shall connect any such improved property to the Water System at the cost and expense of the owner when the owner shall have failed to make such connection as required by the Borough pursuant to the provisions of any applicable connection ordinance; or whenever the Borough furnishes and/or installs a water meter, remote reader, and other necessary metering facilities; or when the use of an improved property connected to the Water System is expanded, whichever shall occur earliest.
B. 
All permit fees, customer facilities fees, connection fees and tapping fees shall be payable to the Treasurer of the Borough as shall be authorized, from time to time, to accept payment thereof.
C. 
Payment of permit fees, customer facilities fees, connection fees and tapping fees charged by the Borough pursuant to this article shall be enforced by the Borough in any manner appropriate under the laws at the time in effect.
D. 
The permit fees, customer facilities fees, connection fees and tapping fees imposed hereunder shall be in addition to any fees or charges imposed by the rate ordinance or any other fees or charges fixed or imposed by the Borough by reason of the reservation of capacity in the Water System for the use or availability for use of the Water System.
E. 
Tapping fees, connection fees and/or customer facilities fees which are not paid in full when due shall bear interest at the rate of 12% per annum or the rate of any outstanding debt incurred by the Borough, whichever is greater.
[Added 2-1-1999 by Ord. No. 289]
[Added 7-5-2005 by Ord. No. 319[1]]
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 permit 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 permit fees in effect at the time the applicant makes reapplication for a permit.
[1]
Editor's Note: This ordinance also repealed former § 208, Right to amend tapping fee.
[Added 7-5-2005 by Ord. No. 319]
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 Water System. Where an extension of the Water 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.
[Added 7-5-2005 by Ord. No. 319; amended 5-5-2009 by Ord. No. 351; 2-4-2014 by Ord. No. 374; 6-7-2022 by Ord. No. 414]
In accordance with the requirements of Act 57 of 2003,[1] 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 Water Tapping Fee Determination," "2014 Update Water Tapping Fee Determination," and "Water Tapping Fee Calculation Dated 23 March 2022" are also attached hereto as part of Exhibit A and incorporated herein.[2]
[1]
Editor's Note: An amendment to the Municipality Authorities Act pertaining to tapping fees.
[2]
Editor's Note: Said Exhibit A reports are on file in the Borough office.