[Ord. 587, 10/12/1998, Article I]
Unless the context specifically and dearly indicates otherwise, the meaning of terms and phrases used in this Part shall be as follows:
ACT
The Municipalities Authorities Act of 1945, as amended by the Act of December 19, 1990, P.L. 1227, No. 203, 53 P.S. § 301 et seq., as amended.
AUTHORITY
Wellsboro Municipal Authority, a municipality authority organized by the Borough pursuant to the Municipality Authorities Act of 1945, as amended, of the commonwealth.
BOROUGH
The Borough of Wellsboro, Tioga County, Pennsylvania, a municipal corporation of the commonwealth, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
COMMONWEALTH
The Commonwealth of Pennsylvania.
CONNECTION FEE
The connection fee imposed against the owner of nay improved property in the service area of the sewer system for the installation of a sewer line from the main sewer line of the sewer system to the property line of the improved property of the owner.
CONSUMER
A person who receives or shall receive, as appropriate, sewer service for a consumer unit, with respect to the sewer system.
CONSUMER UNIT
A. 
A building under one roof and occupied by one family or business.
B. 
A combination of buildings in one enclosure or group and occupied by one family, business or industry.
C. 
One side of a double building or house having a solid vertical partition or wall.
D. 
A building, house or other structure, or any room, group of rooms or part thereof, occupied by more than one family or business, the sewer fixtures of which are used in common.
E. 
Each room or group of rooms in a building, house or other structure occupied or intended for occupancy as a separate industry, as a separate business, or as separate living quarters by a family or other group of persons living together or by a person living alone, the sewer fixtures of which are not used in common.
F. 
Each apartment, office or suite of offices in a building or house having several such apartments, officers or suites of officers and using in common one or more hallways and one or more means of entrance.
G. 
Each mobile home or trailer occupied by one family, business or industry.
H. 
Each public school or municipal building.
I. 
Any combination of the foregoing which, with the consent and permission of this Borough, shall receive sewer service through one service connection to the sewer system.
COUNCIL
The Council of the Borough.
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 that is subject to the connection ordinance or which otherwise connects to the sewer system.
OWNER
Any person who is the occupant, tenant or holder of title to any improved property served by the sewer system.
PERSON
An individual, a partnership, an association, a corporation, a joint stock company, a trust, an unincorporated association, a governmental body, a political subdivision, a municipality, a municipality authority or other group or entity.
SERVICE AREA
Those portions of the Borough and Townships served by the sewer system.
SEWER SYSTEM
The facilities owned by the Authority in the service area for collection, interception, transmission, treatment and disposal of domestic sewage and/or industrial wastes, as such facilities exist as of the effective date hereof, together with all appurtenant facilities and hereafter shall be acquired and/or constructed or hereafter shall acquire and/or construct in connection therewith, licenses, easements, rights-of-way, privileges, franchises and any and all other property or interests in property of whatsoever together with all additions, extensions, alterations and improvements which may be constructed and/or acquired from time to time.
TAPPING FEE
A fee against the owner of any improved property in the service area of the sewer system which actually connects or is required to be connected pursuant to the connection ordinance then in effect requiring such connection or which other wise connects to the sewer system.
[Ord. 587, 10/12/1998, Article II, as amended by Ord. 621, 6/14/2006]
1. 
No person shall connect any improved property with any part of the sewer system without first making application for and securing a connection permit, in writing from the Borough, as provided for in the connection ordinance. Such application shall be made on a form to be provided by the Borough.
2. 
A tapping fee is hereby imposed against the owner of any improved property to be served by the sewer system which actually connects or is required to be connected pursuant to the connection ordinance then m effect requiring such connection.
3. 
The tapping fee payable by the owner of an improved property shall be the product of the applicable charge times the gallons per day of sewer flow from such improved property, calculated by using all or portions of the following components:
A. 
Capacity Part. This tapping fee component is a fee imposed for capacity related facilities, and may not exceed an amount based upon the costs of such facilities, including those that provide existing service. The costs of the existing facility shall be based upon their replacement cost or upon historical costs trended to current cost using published cost indexes. Outstanding debt on existing facilities shall be subtracted from the cost; provided, however, that no debt shall be subtracted which is attributable to facilities exclusively servicing new customers. In the case of facilities to be constructed or acquired, the costs of such facility shall not exceed their reasonable estimated cost provided that any such facilities must be included in the duly adopted annual budget or a five-year capital improvement plan and the Authority must have taken action in furtherance of such facilities as provided by the Act.
B. 
Collection Costs Part. The Borough shall also include as a component part of the tapping fee a fee not to exceed the cost of collection facilities required to provide said services. The costs shall be based upon replacement costs or historical costs trended to current cost using published cost indexes. Outstanding debt shall be subtracted from the cost, other than debt attributable to facilities exclusively servicing new customers. The costs of all facilities shall be further reduced by any grants or capital contributions which have financed such facilities.
C. 
Special Purpose Part. The Borough reserves the right to charge a fee for special purpose facilities attributable only to a particular group of consumers, or servicing only a particular purpose or area. These costs shall be determined on a case by case basis pursuant to the provisions of the Act.
4. 
If any owner of improved property connected to the sewer system shall alter or expand the use of such improved property such that a larger number of gallons per day of sewer flow shall be applicable to such improved property, such owner must apply for a permit to the Borough, and pay a tapping fee as set forth in Subsection 5 multiplied by the gallons per day of new sewer flow. Such additional tapping fee shall be due and payable at the time application is made for such permit.
5. 
Tapping Fees.
A. 
The tapping fee imposed, as calculated utilizing all or a portion of the components set forth in Ssubsection 3, and in accordance with the above-referenced tapping fee calculations analysis, shall be $3.36 per gallon per day of sewer flow estimated to be consumed by a particular consumer unit, plus $25 for inspection by the Borough's Engineer or his designee, plus $25 allocated to administrative costs incurred by the Borough.
B. 
For residential properties, the maximum tapping fee allowable, per EDU, is calculated as follows: 2.17 persons x 90 gallons per person x $3.36/gallon = $656, The residential properties tapping fee established hereby shall be $650.
6. 
The tapping fee shall be due and payable the earlier of:
A. 
The time application is made to the Borough to make connection to the sewer system, as provided in Subsection 1 hereof, or, if applicable, the date when the Borough shall connect any such improved property 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 connection ordinance in effect requiring such connection.
B. 
In the case of properties to be connected following initial construction of the sewer system, the date which is 45 days after the date of issuance by the Borough of written notice to connect. Owners of an improved property which is (are) attributed an additional number of gallons per day of sewer flow shall pay an additional tapping fee at the time of being attributed with the additional gallons per day.
7. 
The number of gallons per day applicable to each improved property shall be determined as follows:
Description of Improved Property
Unit of Measurement
Gallons Per Day Per Unit of Measurement
Residential dwelling unit (year-round or seasonal)
Each single-family dwelling unit
250
Retail store, professional offices or other commercial establishment
1 to 10 employees
250
Each additional 10 employees or fraction thereof
10
Hotel, motel or boarding house (not including restaurant facilities)
1 to 4 rental rooms
300
Each additional 4 rooms or fraction thereof
75
Restaurant, club, tavern or other retail food or drink establishment
1 to 19 customer seats
300
Each additional 10 seats or fraction thereof
10
Auto mobile service station or commercial vehicle repair shop
1 to 2 bays
250
Each additional 2 bays or fraction thereof
150
Beauty parlor or barber shop (with hair washing)
First Chair
250
Each additional chair
100
Educational/institutional establishment
Per each pupil, faculty, administrator and staff
10
Church
Each property
250
Fire company
Each property
250
Community hall
Each property
250
Laundromat
First 2 washing machines
250
Each additional washing machine
250
Funeral home
Each property
250
Municipal garage
Each property
250
Industrial establishment
Per employee (or based on the volume of wastewater generated)
35
Hospitals
Per bed
200
Institutions other than hospitals
Per bed
125
Commercial, industrial or institutional establishments in existence at the date of this Part may submit actual usage data in lieu of the figures set forth above. Except as established pursuant to the preceding sentence, the number of gallons per day applicable to commercial, industrial and institutional establishments shall be computed on the basis of the average daily number of full and part-time employees (including the owner(s) or employer(s)) for the calendar month preceding the date of monthly billing. The owners of such facilities shall be responsible for advising the Borough in writing of the number of employees upon connection to the sewer system and upon request of the Borough. The number of gallons per day applicable to educational and institutional establishments shall be computed on the highest monthly average daily attendance of occupants, pupils, faculty, administrators and staff for the 12 months preceding the date of the monthly billing. The owners of such facilities shall be responsible for advising the Borough in writing of the number of pupils, faculty, administrators and staff in attendance as an average daily figure upon request of the Borough.
8. 
All tapping fees shall be payable to the Treasurer of the Borough, as collection agent for the account of the Authority, or to such other officer or representative of the Borough as shall be authorized, from time to time, by the Borough, to accept payment thereof.
9. 
Payment of tapping fees imposed by the Borough pursuant to this Part shall be enforced by the Borough in any manner appropriate under laws at the time in effect.
10. 
Connection Fees. The Borough hereby imposes a fee for the connection of any improved property to the sewer system. The connection fee shall be an amount equal to the actual costs of the connection of the improved property extending from the primary collection line of the sewer system to the property line of the improved property so connected, inclusive of all permits, bonds or other permitted charges and shall be a fee retained by the Borough for its own account. No application for sanitary sewage services shall be granted to any owner until the owner shall have deposited with the Borough the connection fee imposed herein, or in such amount as estimated by the Borough to represent the actual cost of connection as aforesaid. In the event the connection fee required prior to the granting of the application is an estimate, the balance shall be due and payable within 10 days after completion of the project or, in the event of an overpayment, a refund shall be made within said ten-day period. In lieu of the payment of the connection fees, the Borough, in its sole discretion, may require the construction and dedication for those facilities by the owner or owners requesting such connection. All sewage permit applications should be directed to the Borough.
A. 
If the location of the sewer lateral and connection is not within a state highway right-of-way and if the Borough approved in writing of the owner or his contractor or subcontractor furnishing and installing the sewer lateral and connection from the primary collection line (sewer main) of the sewer system to the property line, the owner may conduct this work. However, all Borough specifications as herein set forth must be satisfied by the owner. Additionally, the owner shall be responsible for the payment of any fees incurred by the Borough for inspecting the work, for review of the work by an engineer, for any legal fees or administration costs incurred, not to exceed the sum of $5,000. The owner or improved property developer must provide proof of insurance coverage and post financial security to guarantee performance of the work in an amount satisfactory to the Borough.
B. 
If the location of the sewer lateral and connection is within a state highway right-of-way, the owner shall pay the additional engineering or legal expenses incurred by the Borough to assist in obtaining a PennDOT highway occupancy permit.
C. 
Where the sewer system is to be extended at the expense of the owner or owners of improved property, the owner or owners shall have the right to construct the extension or install the facilities himself or themselves, or through a subcontractor approved by the Borough, which approval shall not be unreasonably withheld, provided that the Borough shall have the right, at its sole option and discretion, to perform the construction itself only if the Borough provides the extension or customer facilities a lower cost and within the same time table specified or proposed by the owner or owners or his or their approved subcontractor. Construction by the owner or owners shall be in accordance with a dedication and reimbursement Agreement for the extension of the sewer system and plans and specifications approved by the Borough and shall be undertaken only pursuant to the existing regulations, requirements, rules and standards of the Borough applicable to such construction and shall be further subject to inspection by an inspector authorized to approve such construction and employed by the Borough during construction, the Borough's estimated reasonable and necessary costs of reviewing plans, construction inspections, administrative, legal and engineering services The Borough may prescribe that the owner shall reimburse the borough for reasonable and necessary expenses incurred as a result of the extension. Upon completion of construction, the owner or owners shall dedicate and the Authority shall accept the extension of the sewer system provided that dedication of facilities and the installation complies with the plans, specifications and regulations of the Borough, the Authority and the dedication reimbursement agreement.
[Ord. 587, 10/12/1998, Article III]
1. 
Where an owner constructs or causes to be constructed at his expense any extension for sewer system, the Authority shall provide for the reimbursement to the owners when the owner of another property not in the development for which the extension was constructed connects a service line directly to the extension within 10 years of the date of dedication of such extension to the Authority in accordance with the following provisions:
A. 
Such reimbursement shall be equal to the collection costs part of each tapping fee collected as a result of subsequent connections. The Authority shall be entitled to deduct from each reimbursement payment an amount equal to 5% which shall be deemed to represent the appropriate charge for administrative expenses and services rendered in calculating, collecting, monitoring and disbursing the reimbursement payments to the property owner entitled thereto.
B. 
Reimbursement shall be limited to those lines which have not previously been paid for by the Authority.
C. 
Reimbursement shall be limited to those lines which have not previously been paid for by the Authority.
D. 
The Authority shall, in the preparation of the necessary dedication and reimbursement agreement with the owner or owners for whose benefit(s) reimbursement will be provided, attach as an exhibit an itemized listing of all sewer facilities for which reimbursement shall be provided.
E. 
The total reimbursement to which an owner or owners shall be entitled shall not exceed the cost of all labor and material, engineering, design charges, the cost of performance and maintenance bonds, Borough review and inspection charges, as well as flushing and televising charges and any and all charges involved in the acceptance and dedication of such facilities by the Authority, less the amount which would be chargeable to such owner based upon the Borough's collection on behalf of the account of the Authority of the tapping fees which would be applicable to the owner served directly or indirectly through such extensions if the owner did not fund the extension.
F. 
The Authority shall be required to notify by certified mail, to their last known address, the owner or owners for whose benefit(s) such reimbursement shall apply within 30 days of the Authority's receipt of any such reimbursement payment. In the event that the owner or owners have not claimed a reimbursement payment within 120 days of the mailing of the notice, the payment shall revert to and become the sole property of the Authority with no further obligation on the part of the Authority to refund the payment to the owner or owners.
[Ord. 587, 10/12/1998, Article IV]
1. 
The Borough shall have the right of access, at all reasonable times, to any part of any improved property as necessary for purposes of inspection, observation, measurement, sampling and testing and for performance of other functions relating to service rendered by the Borough.
2. 
The owner of any improved property shall be held liable for all acts of tenants or other occupants of such improved property, as may be permitted by law, insofar as such acts shall be governed by the provisions of this Part.
3. 
The Borough shall adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper in connection with the use and operation of the sewer system, which rules and regulations shall become and shall be construed as part of this Part.
4. 
In the event any provision, section, sentence, clause or part of this Part shall be held by any court or administrative tribunal of competent jurisdiction to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Part, it being the intent of the Borough that such remainder shall be and shall remain in full force and effect.
5. 
All ordinances or parts of ordinances of this Borough which are inconsistent herewith expressly shall be and are repealed.
6. 
This Part shall become effective in accordance with law.
7. 
It is declared that enactment of this Part is necessary for the protection, benefit and preservation of health, safety and welfare of the inhabitants of this Borough.