[Adopted 12-1-2003 by Ord. No. 2003-2 (Ch. 18, Part 6, of the 2006 codification)]
A. 
The available sewer connection permits will be issued on a first come, first served basis for the following types of development in areas with existing public sewer service (i.e., no sewer extension required):
(1) 
Single-family residential dwelling unit (one EDU).*
(2) 
Multifamily residential dwelling unit (four EDUs or less).*
(3) 
Commercial/industrial development requiring less than 1,400 gpd (four EDUs or less).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
* Multiple units within a single development or to a single builder may be subject to limits as noted below.
A. 
The Borough will also consider issuing sewer connection permits for the following types of development in areas with existing public sewer service (i.e., no sewer extension required) on a case-by-case basis:
(1) 
Multifamily residential dwelling units (five EDUs or more).**
(2) 
Commercial/industrial development requiring more than 1,400 gpd (five EDUs or more).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
** These types of developments will be subject to limits as noted below.
A. 
The size of these larger EDU developments relative to the total remaining capacity available to the Borough under its agreement with the Commonwealth of Pennsylvania, Department of Environmental Resources, now Department of Environmental Protection, for the treatment of wastewater at the Moraine State Park Sewage Treatment Plant at the time of the permit application will be the primary factor in the Borough's determination to permit such developments. In general, permits may be issued for these large EDU developments when the proposed development will utilize less than 10% of the total remaining capacity available to the Borough at the Moraine State Park Sewage Treatment Plant at the time of the permit application.
B. 
As noted above, the Borough reserves the right to limit the number of permits issued to any single builder or any single developer during the allocation year in order to distribute the permit allocation as equitably as possible. The Borough will consider a variety of factors before limiting permits to any single builder or developer, including, but not limited to, historic sales within a development, historic sewer connection permits issued for a development, the number of permits already issued to the builder or developer, and how readily development can be phased.
For any new subdivisions or residential development requiring a public sewer extension that was not constructed and accepted by the Borough as of September 1, 2003, the Borough will impose phased development requirements as a condition of the specific written developer's agreement for that proposed development. The Borough may approve sewer connection permits in accordance with the following schedule:
Type of Development
Maximum Per Year
Single-family residential
5 EDUs per year
Multifamily residential (2 to 3 units per building)
3 buildings per year
Multifamily residential (4 units per building
2 buildings per year
Multifamily residential (5 to 10 units per building)
1 building per year
Multifamily residential (> 10 units per building)
Case-by-case basis
A. 
All of the Borough's sewer connection permits require that the building construction must be substantially started within 90 days after the date of permit issuance. The completion of a foundation and/or slab with piping shall constitute a "substantial start" of construction, unless approved otherwise by the Borough. If construction has not been started within 90 days, the connection permit will be revoked and nullified by the Borough, unless the Borough Council has approved a time extension due to extenuating circumstances. In addition, 50% of the original permit application fee will be returned to the permit applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
If the Borough extends the time for use of the permit based on extenuating circumstances, the applicant shall be required to pay the rate of the monthly service fee commencing with the fourth month following the original issuance of the permit. In no event shall the permit be extended for more than one additional year from the original date of issuance or July 2, 2016, whichever occurs later.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Any builder, developer and/or person who obtained a sewer connection permit which the Borough had to subsequently revoke for failure to start construction shall:
(1) 
Be prohibited from obtaining any new connection permit for the remainder of that allocation year; and
(2) 
Only be allowed to obtain one new sewer connection permit during the next allocation year.
D. 
A builder, developer or person who has had a permit revoked pursuant to this article may appeal from the penalties set forth in Subsection C(1) and (2) and may be relieved from the penalties set forth above by Borough Council upon a showing of good cause for failure to start construction.