[Ord. 146, 6/4/1962, § 600; as added by Ord. 3-93,
11/1/1994, § II.C; and amended by Ord. 00065, 1/14/2013,
§ 1]
1.
This Borough shall charge a connection fee in the amount of the actual
cost incurred by the Borough for each connection to the Borough's
water lateral. In lieu of payment of said connection fee the Borough
may, at the discretion of the Borough, require the construction and
dedication of those facilities by the property owner or the owners
requesting such connection. Upon the occurrence of said event, the
property owner or owners shall reimburse the Borough for its reasonable
expenses in supervising such connections.
2.
The Borough does also hereby impose a customer facilities fee in
the amount of the actual costs incurred by the Borough for the facilities
serving the connected property from the property line or curb stop
to the proposed dwellings or buildings to be served, where the Borough
and not the property owner or owners install the customer facilities.
In lieu of the payment of the customer facilities fee the Borough
may require the construction of those facilities by the property owner
or owners requesting customer facilities. Upon occurrence of said
event, the property owner or owners shall reimburse the Borough for
its reasonable expenses in supervising the construction of such facilities.
3.
The Borough Council shall, from time to time, establish a water tapping
fee, by resolution of Council, against the owner of any improved property
whenever such owner hereafter shall connect any such improved property
with the water system or in the case as to capacity fee and distribution
fee parts, whenever use of the system is proposed to be increased.
Said tapping fee shall be established pursuant to provisions of applicable
codes and may include a capacity fee, a distribution fee, and reimbursement
fee.
4.
The capacities fee and the distribution fee parts of each tapping
fee shall be due and payable for each dwelling unit in multi-dwelling
situations.
A.
In each case of commercial or industrial users, the total tapping
fee shall be modified by adding a capacity fee and distribution fee
parts sum computed by multiplying the sums set forth in the capacity
fee and the distribution fee parts times the number of equivalent
dwelling units estimated, in good faith, by the applicant to be the
applicant's average daily usage over the term of the first five
years of use, but will never be less than one capacity fee and distribution
fee part.
B.
In the event that the Borough is not satisfied with applicant's
estimate, the Borough's Engineer shall submit its own estimate.
If the applicant is unwilling to accept the estimate of the Borough's
Engineer, then, in said event, a hearing shall be held before Council
at which time Council shall make a final decision on the matter.
C.
The Borough shall have the right to actually measure water usage
during each of said five years and in the event that the applicant's
good faith estimates prove too low or in the event that the decision
of the Borough is too low, applicant will promptly pay to the Borough,
on an annual basis, the corrected capacity fee and distribution fee
parts then in effect times the number of increased equivalent dwelling
units actually used. Any overpayment made hereunder shall be considered
used for reservation of capacity and costs in processing and shall
not be refunded. Such capacity fee and distribution fee components
shall be charged for connection of each improved property or for adding
of additional uses or units of occupancy by the owner of such improved
property.
D.
The Borough shall also have the right to measure water usage at any
time during which it is believed that water usage has changed from
that previously approved and previously assessed. Owner will promptly
pay to the Borough the corrected capacity fee and distribution fee
parts then in effect times the number of increased equivalent dwelling
units actually used or anticipated to be used. Any overpayments hereunder
shall be considered for reservation of capacity and costs in processing
and shall not be refunded. Capacity fee and distribution fee components
shall be used for increased usages of equivalent dwelling units of
water capacity and shall be charged at the capacity fee and distribution
fee components then in effect.
E.
In the case of mobile home parks, trailer courts, campgrounds, shopping
centers, apartments, office buildings, hotels, motels, rooming house,
nursing homes, industrial parks and all other tracts wherever by lease,
ownership, or contract there are multiple structures, divisions of
structures or separate sleeping quarters, or units of occupancy among
separate owners, lessees or residents, each unit of use or occupancy
shall be considered as though it were a separate unit and a separate
capacity fee and distribution fee parts shall be paid thereafter,
except when a business or professional use is in connection with a
dwelling unit occupied by the same person who owns and operates the
business or profession (and no persons are employed therein). This
provision shall apply to tapping fees only. Nothing herein shall be
construed to prohibit, if otherwise authorized (and if all applicable
monies are paid), single laterals for multiple units under one ownership.
F.
All 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, by resolution of this Borough, to accept payment
thereof.
[Ord. 146, 6/4/1962, § 601; as added by Ord. 3-93,
11/1/1994, § II.C]
1.
Where a water line is to be extended at the expense of the owner
or owners of property or where this Borough otherwise would construct
the customer facilities, the property owner or owners shall have the
right to construct the extension or install the customer facilities
himself or themselves through a subcontractor approved by the Borough,
which approval shall not be unreasonably withheld; provided, that
the Borough shall have the right, at its option, to perform the construction
itself only if the Borough provides the extension or customer facilities
at a lower cost and within the same timetable specified or proposed
by the property owner or owners or his or their approved subcontractor.
2.
Construction by the property owner or owners shall be in accordance
with an agreement for the extension of the Borough's 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.
3.
When a main is to be extended at the expense of the owner or owners
of properties, in advance of construction, the Borough's estimated
reasonable and necessary costs of reviewing plans, construction, inspections,
administrative, legal and engineering services. Construction shall
not commence until the property owner or owners has posted appropriate
financial security.
4.
The property owner or owners shall reimburse the Borough for all
its reasonable and necessary expenses incurred as a result of the
extension.
5.
Upon completion of the construction, the property owner or owners
shall dedicate, and the Borough shall accept the extension of the
Borough's system, provided dedication of facilities and the installation
complies with plans, specifications and regulations of the Borough
and the agreement between the Borough and the property owner.
6.
Where the property owner constructs or causes to be constructed at
his expense any extension of the water system of the Borough, the
Borough shall provide for the reimbursement to the property owner
when the owner of another property not in the development for which
the extension was constructed connects a service line directly to
the extension to the Borough in accordance with the following provisions:
A.
Such reimbursement shall be equal to the distribution or collection
part of each tapping fee collected as a result of subsequent connections.
The Borough shall 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 Borough.
C.
The Borough shall, in the preparation of the necessary reimbursement
agreement with the property owner or owners for whose benefit reimbursement
will be provided, attach as an exhibit an itemized listing of all
water facilities for which reimbursement shall be provided.
D.
The total reimbursement to which a property 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, and any and all charges involved in
the acceptance and dedication of such facilities by the Borough, less
the amount which would be chargeable to such property owner based
upon the Borough's collection and distribution tapping fees which
would be applicable to all lands of the property owner or owners served
directly or indirectly through such extensions if the property owner
or owners did not fund the extension.
E.
The Borough shall notify by certified mail, to their last known address,
the property owner or owners for whose benefit such reimbursement
shall apply within 30 days.
