As used in this article, the following words and terms shall have
the meanings respectively ascribed to them as follows, unless the
context clearly indicates a different meaning:
APPLICANT
The property owner or his agent applying for permission to
connect to the water system and the party ultimately responsible for
payment for water service. The word "owner" shall mean any person,
firm, corporation or association in whose name any property is recorded
in the office of the Recorder of Deeds.
BASIC WATER RATE
The rate charged based upon a methodology as established
for the various classifications of water users, as set forth in this
chapter.
CONNECTION FEE
Connection fee and customer facilities fee, inclusive, allowed
per Act 57 of 2003 (amending Act 203 of 1990) for the cost of the water service
laterals, water meter, meter pit, curb stop, curb box and labor, restoration
and other costs associated with the installation of a service lateral
from the water main to the property line (or street right-of-way line,
as appropriate), up to and including the curb stop, and installation
of the water meter (regardless of meter location). Connection fees
are provided for in Rate Schedule A of this chapter.
CONSUMPTION (OR USAGE) FEE
The fee charged for the actual quantity of water, as metered
or otherwise calculated pursuant to this chapter.
CUSTOMER
The person contractually obligated to the Borough of East
Stroudsburg to pay for water services and to abide by these rules
and regulations.
DWELLING
A building including one or more dwelling units.
DWELLING UNIT
A residential living area for one family (as defined in Chapter
124, Rental Property, of the Borough Code) that includes living and sleeping purposes and that has its own cooking facilities and a bathroom with a toilet and a bathtub and/or shower. The term "dwelling unit" shall not be deemed to include a room in a motel, rooming house, tourist home, hotel, hospital, nursing home, dormitory, fraternity or sorority house or other group residence as defined herein.
EBU (EQUIVALENT BILLING UNIT)
Equal to 11,889 gallons per quarter or 47,556 gallons per
year, as measured by the point-of-use service meter, and used for
determining the basic water rate fFee, as set forth in Rate Schedule
A to be charged to a customer. (These amounts are equal to approximately
45 kiloliters per quarter or 180 kiloliters per year.) An EBU is generally
found to be equivalent to the approximate average amount of water
used by a single-family home within the Borough.
EDU (EQUIVALENT DWELLING UNIT)
The water usage equal to 57,415 gallons per year or 157.3
gallons per day, as measured by the point-of-use service meter or
by an engineer's calculation, where required. (These amounts are equivalent
to 217.32 kiloliters per year or 0.5954 kiloliters per day.) This
EDU figure is established under the provisions of PA Act 57 of 2003
(which amended PA Act 203 of 1990). The number of EDUs is used to
determine the following costs:
(1)
Tapping fees for new customers;
(2)
Reassessed tapping fees for existing customers which:
(a)
Install additions to existing facilities;
(b)
Expand existing facilities;
(d)
Increase water usage, for any reason other than an unidentified
loss of water which is remediated within three months of determination
of where the loss is occurring; and additional tapping fees for increased
water usage shall be calculated annually and shall occur in the event
the customer's water usage increases more than 10% over the previous
12 months' water usage, as calculated in or about March of each year.
(e)
Decrease water usage by more than 10% over the previous 12 months' water usage, as calculated in or about March of each year, and file a new or amended application with the Borough pursuant to §
154-5D, to reassess the EDUs assigned to the premises.
[Added 8-18-2020 by Ord. No. 1370, approved 8-18-2020]
MAIN EXTENSIONS
Extensions of distribution pipes beyond existing facilities
and exclusive of service connections.
MAINS
The distribution pipelines owned by the Borough which are
located in streets, highways, public ways or private rights-of-way,
and which are used to serve the general public.
MATERIAL CHANGE DECREASE IN FLOW
Established where a nonresidential user, mixed-use user and/or
multiresidential dwelling customer has decreased its water usage to
its premises by greater than 10% of the previous year's usage for
any reason.
MATERIAL CHANGE INCREASE IN FLOW
Established where a nonresidential user, mixed-use user and/or
multiresidential dwelling customer has increased its water usage to
its premises by greater than 10% of the previous year's usage for
any reason.
METER
A device approved for measuring the quantity of water consumed
by a customer which consumption is the basis for determining the charge
for water service.
MGL or PPM
Milligrams per liter (or parts per million) in water analysis.
PERSON
Any natural person, association, partnership, firm, corporation,
government, educational institution, limited liability corporation,
limited liability partnership, trust, or other legally recognized
entity capable of entering into contracts.
PREMISE or PREMISES
Any parcel(s) of real property located in the Borough, including
dwelling(s), dwelling units, buildings, common areas, and land and
appurtenant and/or accessory structures. The terms "premise" and "premises"
are interchangeable.
SERVICE LATERAL
The pipe leading from the water main to curb stop of the
premises served or to be served by water service. The service lateral
is owned by and is the responsibility of the Borough.
SERVICE LINE
The pipe leading from the curb stop to the premises of a
water customer. The service line is owned by and is the responsibility
of the customer.
SPRINKLER SYSTEM CONNECTION
The pipe connection at the Borough water main for the purpose
of supplying water for fire protection to a customer's premises or
facility.
STANDBY FEE
The minimum fee charged for a premise where water services
have been terminated or temporarily suspended, equivalent to the basic
water rate charged to one EBU per dwelling unit, or for any nonresidential
use, equivalent to the basic water rate multiplied by the number of
EBUs assessed on the premises, as calculated based on historical records
of reserve capacity. Requests to suspend water services and to be
assessed a standby fee, shall be made in writing by the customer to
the Borough. The Borough shall make the final determination as to
if and when the standby fee shall apply. Provided the standby fee
continues to be paid on time, the number of EDUs allocated to the
premises shall remain unchanged and no additional tapping fees shall
be charged to the customer, until such a time as water service is
restored and it is determined that a material change increase in flow
has occurred. No premises with an unmetered fire protection service
shall be eligible to have a standby fee waived.
[Amended 8-18-2020 by Ord. No. 1370, approved 8-18-2020]
STREET
Shall mean and include any street, road, lane, cul-de-sac,
alley, public way and public square, either for or intended for public
use, and shall include the cartway, sidewalk, gutter, and right-of-way
area, whether or not the street, or any part of the street, is owned
in fee by others than the Borough.
TAPPING FEE
Fee allowed per The Borough Code and PA Act 57 of 2003 (amending
PA Act 203 of 1990), as amended, which is based on a distribution
system charge, treatment plant capacity charge, and special purpose
charge, if any.
TEMPORARY WATER SERVICE
Any nonpermanent water service which is billed through the
use of an approved temporary meter, provided by the Borough, for a
short and defined period of time as per the application submitted
by the customer. Such use shall include, but not be limited to bazaars,
fairs, construction work, seasonal trailers or camps, and irrigation
of vacant property.
TENANT
(1)
Residential tenant - An adult occupant of a regulated rental unit, as defined under Chapter
124 of the Borough Code, with whom a legal relationship with the owner of the premises, is established by written or oral lease, or other enforceable possessory right under the laws of Commonwealth of Pennsylvania.
(2)
Nonresidential tenant - A person legally occupying a premise
or any portion thereof with whom a legal relationship with the owner
of the premise is established by written or oral lease, or any other
enforceable possessory right under the laws of the Commonwealth of
Pennsylvania.
USE
A lawful activity engaged in or upon a premises or any part
thereof by an owner, tenant or other persons with a legally enforceable
possessory interest to engage in such activity. A legal use may contain
multiple uses which are created by the subdivision of possessory interests
within a premises. Each use within a legally approved use is considered
its own independent use.
WATER SYSTEM
Includes the filter plant, fixtures, treatment equipment,
wells, pumping stations, transmission lines, distribution lines, hydrants,
reservoirs, tanks, curb stops, rights-of-way and all other properties
and facilities together with related equipment now or hereafter owned,
operated and maintained by the Borough of East Stroudsburg in order
to collect, treat and distribute water for municipal purposes and
for the use of the inhabitants thereof.