[Ord. 72, 3/8/1966, § 1; as amended as Ord. 208,
10/7/1991, § 2.A; by Ord. 253, 5/24/2004; and by Ord. 256,
5/24/2004, Art. 1.A]
As used herein, the following terms shall have the meanings
stated:
ACT
Municipal Authorities Act, 53 Pa.C.S.A. § 5601
et seq.
BENEFITTED, IMPROVED or ACCOMMODATED
The advantage, betterment and availability of a public sanitary
sewage system has been provided to, or made available to, a property
owner as a customer or rate payer of the public sanitary sewer system.
COLLECTION SYSTEM
The system of public sewers constructed by the Dublin Borough
Authority and leased to the Borough of Dublin (and all extensions
and additions thereto) to be located within the Borough and its environs
and designed for the collection of sanitary sewage and operated by
a sewer authority.
CONNECTION FEE
A fee defined under the Act which shall not exceed an amount
based upon the actual cost of connection of the property extending
from the Borough's main to the property line of the property so connected,
including road restoration to Pennsylvania Department of Transportation
specifications.
CUSTOMER FACILITIES FEE
A fee defined under the Act which shall not exceed an amount
based on the actual cost of facilities serving the connected property
from the property line or curb stop to the proposed dwelling or building
to be served. This fee is chargeable only when the Borough installs
customer facilities, except that, in any case, it shall include the
cost of a water meter provided for or specified by the Borough.
PRIVATE SEWER LATERAL
The section of the below grade sewer lateral extending from
the legal right-of-way or edge of public sanitary sewer easement to
the building or dwelling. Private property owners shall have responsibility
under this chapter to maintain their sewer lateral for the entire
length of the "private sewer lateral," as above defined. The Borough
shall maintain the lateral from the right-of-way or edge of public
sanitary sewer easement to the connection to the sewer main.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch in any dimension;
provided, however, that the installation and operation of any garbage
grinder equipped with a motor of 3/4 horsepower or greater shall be
subject to the review and approval of the sewer authority.
PROPERTY OWNER, OWNER, OWNER OF PROPERTIES
These terms include only person(s) or entity(ies) who own
real estate in Dublin Borough which is benefitted, improved or accommodated
by the Dublin Borough sanitary sewer system, or proposed extensions
thereof, or to be so benefitted, improved or accommodated by agreement
with Dublin Borough, or required, or subject, by ordinance to becoming
connected as customers. The term "property owner," "owner," or "owner
of property" does not include any person or entity seeking to construct
a main, or to construct sanitary sewer facilities, or to connect properties
thereto, which person or entity has no ownership interest in the Dublin
Borough property or properties to be served by the Dublin Borough
public sanitary sewer system, whether it owns sewage treatment facilities
or not.
SANITARY SEWAGE
The normal, water-carried household and toilet wastes resulting
from human occupancy and shall include properly shredded garbage.
SEWER AUTHORITY
The Borough of Dublin or any sewer committee or department
of the Borough or of the Borough Council or any other agency (which
may include the Dublin Borough Authority) operating public sewers for or at the request of the
Borough Council.
TAPPING FEE
A fee, as defined in the Act, for capacity related facilities,
distribution facilities, special purpose facilities, and reimbursement
component, calculated as provided for in the "Act."
[Ord. 72, 3/8/1966, § 2; as amended by Ord. 98,
11/6/1972, § 1, 2; and by Ord. 124, 10/1/1979, § 1;
and by Ord. 152, 24/1985, § 1, 2; and by Ord. 155, 12/2/1985,
§ 1, 2; and by Ord. 166, 10/5/1987, § 2; and by
Ord. 168, 1/4/1988, § 1, 2; and by Ord. 177, 1/3/1989, § 1,
2; and by Ord. 191, 10/2/1989, § 2; and by Ord. 193-A, 1/2/1990,
§ 1, 2; and by Ord. 193-B, 2/5/1990, § 1, 2; and
by Ord. 208, 10/7/1991, § 2.B — .E; by Ord. 230, 12/14/1998,
§ 1, 2; by Ord. 244, 12/9/2002, §§ 1 —
2; by Ord. 256, 5/24/2004; and by Ord. 269, 8/22/2005]
1. There is hereby imposed:
A. Connection Fees. The Borough will charge the connection fee at its
cost. The Borough will not permit individual property owner(s) to
install street connections because of the irresponsibility of private
contractors in meeting Pennsylvania Department of Transportation restoration
standards unless the property owner deposits with the Borough, in
escrow, an amount satisfactory to the Borough Engineer, and executes
an agreement satisfactory to the Borough Solicitor, and pays for the
services of the Engineer and Solicitor at the time of the escrow deposit.
Actual cost will be calculated pursuant to public bidding requirements
to the extent the same apply.
B. Customer Facilities Fee. The Borough will not install customer facilities
unless the customer requests it. Dublin Borough agrees to do the work,
and property owner deposits with the Borough cash or certified funds
for 110% of the estimated cost, as determined by the Borough Engineer.
Actual cost will be calculated pursuant to public bidding requirements
to the extent the same apply.
C. Tapping Fee.
[Amended by Ord. No. 330, 10/25/2021; and by Ord. No. 334, 1/9/2023]
(1)
The Borough Council hereby
accepts the report of CKS Engineers, Inc., entitled "Dublin Borough
Sewer Tapping Fee Evaluation Pursuant to Act 57 of 2003... ," dated
December 1, 2022, a copy of which report is attached hereto and incorporated
herein by reference as Attachment A.
(2)
The Borough Council hereby establishes a sewer system tapping
fee for all new connections to the sewer system of $4,613 per equivalent
dwelling unit.
2. There is hereby imposed upon the owners and upon the users of each
property served by the collection system, for the use thereof, an
annual rent per equivalent residential unit which shall be in an amount
as established from time to time by resolution of Borough Council,
to be computed and payable quarterly in accordance with the following
table of equivalent residential units:
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Table of Equivalent Residential Units
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Classification of Property
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Residential Equivalent Units
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Single Family Dwelling
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1
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Two Family Dwelling
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2
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Apartment House, per bedroom
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1/2
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Restaurant, Club, Tavern, per 15 seats or fraction thereof
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1
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Automobile Repair Garage, Body & Paint Shops, and Service
Stations with 5 employees or less
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2
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Restrooms for customer use, additional
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1/2
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Car washing service, additional
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1/2
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Employees, each additional 5 or fraction thereof, additional
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1/2
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(2 part-time employees = 1 full-time employee)
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Barber or Beauty Shop, not attached to owner's residence two
chairs or less
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1 1/2
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Each additional two chairs or fraction thereof
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1/2
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Barber or Beauty Shop, attached to and forming a part of owner's
residence, two chairs or less
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1/2
|
|
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Each additional two chairs or fraction thereof
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1/2
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Laundromat, per 5 washers
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1
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Retail Store, Office, Business, or Industry, 10 or less employees
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1
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Each additional five employees or fraction thereof
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1/2
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Business or Industry providing showers for employees, 8 or less
employees
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1
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|
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Each additional four employees or fraction thereof
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1/2
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School, per 30 pupils
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1.7
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Any user having a commercial (i.e., 3/4 horsepower or greater)
garbage grinder, per each such grinder, additional
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1
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Note 1. If two or more dwellings, apartments, stores, offices
of industrial units are connected through a single lateral, or if
two or more families use separate cooking and/or toilet facilities
in a single dwelling, the sewer rent payable under the foregoing schedule
shall be computed as though each such dwelling, apartment, store,
office, or industrial unit and each such family were a separate property
or user with a separate connection to the sewer.
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Note 2. Sewer rent for commercial establishments which is dependent
upon the number of bays, washers, chairs, stalls, or garbage grinders
under the foregoing schedule shall be computed on the basis of the
average number of such bays, washers, etc., for the calendar quarter
preceding the date of the quarterly bill.
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Note 3. Sewer rent for schools payable under the foregoing schedule
shall be computed on the basis of the average number of pupils enrolled
during the school term preceding the date of the quarterly bill. Teachers
and employees shall be included with pupils for purposes of such computation.
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Note 4. Sewer rent for retail stores, offices and industrial
or manufacturing plants payable under the foregoing schedule shall
be computed on the basis of the average number of employees for the
calendar quarter preceding the date of the quarterly bill.
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Note 5. In the event that the sewer authority is not provided
upon request, with accurate information, including supporting documentation,
to determine the number of employees or pupils using any property
or such other data as may be necessary to determine a user classification
or rate, the sewer authority's estimate or determination thereof shall
be conclusive.
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Note 6. The Borough reserves the right to change equivalent
unit values from time to time, to add or delete property classifications,
and, in cases of dispute, to determine the proper classification of
a given property.
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3. Construction of Sewer Mains by Non-Property Owners. Only property
owners, as defined in this Part, shall have the right to connect to,
construct an approved extension to the sewer mains, or install sewer
facilities and sewer connections by themselves as provided for in
the Act. Any other non-property owner, person or entity seeking to
do so, in addition to all the requirements which may be imposed by
the Act, shall, prior to the issuance of any permit, enter into an
agreement with Dublin Borough which shall totally reimburse the Borough
or the Dublin Borough Authority in advance for all potential operation and maintenance
costs for the life of the project, all liabilities, fees, costs, insurances
and expenses, including all legal fees, engineering and other costs
which have accrued, accrue, occur, are contingent in nature, or ripen
or become due or may arise as a result of the act of awarding a contract,
or of reaching an accord or settlement or in installation of such
sewer mains, facilities or connections, whether or not the facilities
are ever dedicated or accepted by Dublin Borough or Dublin Borough
Authority. The intent of this subsection is to protect both rate payers
and taxpayers from imposed liabilities over and above those imposed
by the Act.
4. Intent. It is the intent of this Part to comply with the Act, as
amended. In the event that a court of competent jurisdiction determines
that there is an error in the tapping fee calculation, in computation,
legal interpretation, or application of data from historical or other
cost sources, then, and in that event, it is the intent of Dublin
Borough to impose a tapping fee as addressed by the result of such
proper calculation.
5. Private Sewer Companies. Private sewer companies serving the general
public are forbidden in Dublin Borough.
6. Said annual rent shall be payable quarterly in advance, and first
payment at this new rental rate shall be billed and payable 15 days
after the beginning of the first quarter of 2003, i.e., on the 15th
of January, 2003.
[Ord. 72, 3/8/1966, § 4; as amended by Ord. 130,
12/1/1980, § 1; and by Ord. 152, 2/4/1985, § 3]
If any quarterly installment of sewer rent is not paid within
30 days after the date of the bill, a 25% penalty shall be added thereto;
and, if the installment plus penalty is not paid within 60 days after
the date of the bill, the aggregate amount thereof shall bear interest
from the penalty date at the rate of 10% per year, or fraction thereof.
Any unpaid sewer rent (together with penalties and interest thereon
to the extent permitted by law) shall be a lien on the property served
which may be collected by action in assumpsit (to the extent permitted
by law), by distress or by a lien filed in the nature of a municipal
claim as provided by law. In addition, the Borough may require any
water utility to shut off the water supply to any property with respect
to which the sewer rent imposed hereby is unpaid until all such rents,
together with interest and penalties as aforesaid, is paid.
[Ord. 72, 3/8/1966, § 7; as amended by Ord. 253,
5/24/2004, Art. 1.B]
Rules and regulations regarding the payment and collection of
the sewer rents imposed hereunder and the use of the collection system,
entitled "Standard Specifications for Sanitary Sewer Construction"
are hereby incorporated herein by reference or as they are amended
from time to time by Dublin Borough Council.
[Ord. 72, 3/8/1966, § 11; as amended by Ord. 107,
2/3/1975, § 11]
1. In addition to the prohibited discharges into the collection system described in §
18-205, and by way of further clarification, no person and/or property owner shall permit the following devices or facilities to be connected to the collection system:
A. Sump pump or similar device or pump which could convey to the collection
system stormwater, surface water, ground water or other liquids not
used for domestic purposes.
B. Down spouts, roof drains or similar devices which normally collect
storm or rain water.
C. Cellar drains, crawl space drains, foundation drains or periphery
drains which could convey storm water, surface water or ground water.
[Ord. 72, 3/8/1966, § 12; as amended by Ord. 107,
2/3/1975, § 12]
Any person or persons, partnership, corporation or association
of any kind or nature whatsoever who uses the collection system and
receives the benefits of said system either directly or indirectly
and/or owns property which is connected to said system shall, by virtue
of said use and benefit, be deemed to have consented to the inspection
of his, her, their or its property by duly authorized representatives
of the Borough, upon reasonable notice and at a reasonable time or
times, for the purpose of ascertaining by visual inspection of the
user's premises if said user and/or property owner is in compliance
with the provisions of this Part.
[Ord. 72, 3/8/1966, § 13; as amended by Ord. 107,
2/3/1975, § 13]
The provisions of this Part, after full consideration and deliberation,
are declared to be necessary for the health, safety and welfare of
the citizens of the Borough, and any person or persons, partnership,
corporation or association of any kind or nature whatsoever who violates
any provision of this Part, upon conviction thereof, shall be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this Part continues shall constitute
a separate offense.