[Adopted 8-16-2007 by Ord. No. 14521 (Article 929 of the 1962 Codified Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
COST OF EXISTING FACILITIES
The historical cost of existing water system facilities trended forward to current costs using published cost indices, as set forth in the Engineering News Record, where such historical cost is available. In those cases where historical costs is not available, said cost shall be determined by a present construction cost estimate as prepared by the City's Engineer. In calculating the cost of existing facilities as set forth herein, outstanding debt principal relating to the facilities shall be subtracted from the trended cost; provided, however, that no debt shall be subtracted which is attributable to facilities exclusively serving new customers. Any grant monies contributed to the City for construction of existing facilities by any government or agency shall also be subtracted from the cost.
DESIGN CAPACITY
The total capacity of the water system of the City, measured in gallons per day, which is established at 26,000,000 gallons per day.
DEVELOPER
Any person who is an owner or who is authorized by the owner of real property who intends to improve said real property by the construction or addition of a structure or facility which will require water supply through the public water system of the City.
DWELLING UNIT
Any room, group of rooms, house, apartment unit, trailer or other single enclosure or part thereof, occupied or intended for human occupancy as separate living quarters by a family or other group of individuals living together or by individuals living alone.
ENGINEERING NEWS RECORD (ENR) CONSTRUCTION COST INDEX
The published index used to measure the change in costs over a specified period of time as found in the Engineering News Record magazine.
EQUIVALENT DWELLING UNIT (EDU)
The daily average amount of water estimated by the City to be drawn from the water system of the City by a dwelling unit on a daily basis. For purposes of this article, an EDU shall be equivalent of 159.5 gallons of water use per day.
IMPROVED PROPERTY
Any real property upon which there is erected, or upon which there will be erected, a structure intended for continuous or periodic habitation, storage, occupancy or use by human beings or animals and for which structure potable water shall be or may be drawn from the water system of the City.
NONRESIDENTIAL ESTABLISHMENT
Any property used for commercial, industrial or institutional purposes including but not limited to the conduct of trade, commerce sale, distribution of goods and/or services, manufacturing, processing, cleaning, laundering or assembling any product or commodity, schools, churches, hospitals and libraries.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any real property.
PROJECTED WATER USE
That estimate, as approved by the City as hereinafter provided, of the number of gallons of water to be drawn from water system of the City on a daily basis of each improved property proposed to be connected to said water system of the City.
WATER SYSTEM
All water supply facilities, used for collecting, pumping, treating, transmitting, storing and distributing potable water owned and operated by the City of Allentown.
TAPPING FEE
A fee charged by the City for capacity-related facilities only of the water system, including but not limited to source of supply, treatment, storage reservoirs, pumping, transmission and/or other general system facilities. Said fee shall not include charges for distribution-related facilities which include water mains less than 16 inches in size, fire hydrants and other appurtenances.
No developer or owner of real property, nor any person or entity, shall connect real property with or use in any manner any part of the water system of the City without first making application in writing for and securing a tapping fee permit from this City. Such application shall be made on a tapping fee permit form to be provided by the City, and shall be accompanied by the tapping fees as set forth in this article.
A. 
The tapping fee to be charged to the developer or owner of dwelling units shall be determined by taking the number of dwelling units, as determined by the provisions of § 633-47A or B of this article and multiplying that number by 159.5 gallons to arrive at the projected daily water use of water to be drawn from the water system of the City. This projected water use shall then be multiplied by an amount not to exceed $5.08 per gallon to arrive at the total tapping fee, which for one dwelling unit will be $810. See Appendix A[1] attached for calculation of the cost per gallon.
[1]
Editor's Note: Said appendix is on file in the City offices.
B. 
The tapping fee to be charged to an owner or developer of a nonresidential establishment shall be determined by taking the number of equivalent dwelling units as determined by the provisions of § 633-47C through P of this article and multiplying that number by 159.5 gallons to arrive at the projected daily water use to be drawn from the water system. This projected daily water use shall then be multiplied by an amount not to exceed $5.08 per gallon to arrive at the total tapping fee.
C. 
The tapping fee to be charged to the owner or developer of a property which is connected to the water system whenever the use of the property is to be changed or intensified to the extent that increased withdrawal from the water system will result shall be determined by the projected increase in daily water use determined by the provisions of § 633-47 of this article multiplied by an amount not to exceed $5.08 per gallon.
The number of equivalent dwelling units for any given improved property served or to be served by the City shall be determined as follows:
A. 
Residential.
(1) 
Improved properties upon which residential uses (other than apartments, hotels and motels) are maintained shall be charged with one equivalent dwelling unit for each dwelling unit. Additional equivalent dwelling units shall be charged for any retail, service or business use which is attached to or part of a dwelling unit, in accordance with the other subsections of this § 633-47. However, no additional equivalent dwelling units shall be charged for laundry facilities provided on an improved property solely for the use of residents.
(2) 
Apartment buildings shall be charged with 0.8 of an equivalent dwelling unit for each apartment unit.
B. 
Hotel and motels. Improved properties upon which hotels or motels are maintained shall be charged with 0.2857 equivalent dwelling units for each room. If self-service laundry facilities or dining or food service areas are also provided on the improved property, additional equivalent dwelling units shall be charged as provided in Subsections C and F. No additional equivalent dwelling units shall be charged for institutional laundry facilities associated with hotels or motels and which provide services solely for hotel or motel guests.
C. 
Restaurants/food service. Improved properties upon which restaurants and other food services uses are maintained shall be charged as follows:
(1) 
Full-service restaurant. If the use is a full-service restaurant (one in which the utensils will be washed and reused, and patrons will eat on the premises), 0.0048 equivalent dwelling units shall be charged for each square foot of gross floor area in the dining areas of the restaurant (not counting any cocktail lounge or bar areas). If cocktail lounge or bar areas are also present, additional equivalent dwelling units shall be charged as provided in Subsection C(4) below.
(2) 
Single-service utensil restaurants. If the use is a single-service utility restaurant (one in which the utensils will not be washed and reused, but in which the majority of patrons will eat on the premises), 0.0067 equivalent dwelling units shall be charged for each square foot of gross floor area in the dining areas of the restaurant.
(3) 
Takeout restaurants and food catering facilities. If the use is a takeout restaurant or other food service establishment in which the majority of patrons will not eat on the premises, or a food catering facility in which food is prepared for consumption at another location, 0.0086 equivalent dwelling units shall be charged for each square foot of gross floor area occupied by the use (other than gross floor area in any incidental dining area).
(4) 
Cocktail lounges and bar areas. If the use includes a cocktail lounge and/or bar, 0.0071 equivalent dwelling units shall be charged for each square foot of floor area in the cocktail lounge and bar areas, including the floor area behind the bar.
D. 
Beauty shops/barbershops. Improved properties upon which beauty shops or barbershops are maintained (except as described in Subsection A) shall be charged with 0.2285 equivalent dwelling units for each operator's chair. Any change in the number of operator chairs on an improved property shall constitute a change in use or a modification of the use of the improved property.
E. 
Movie or live-performance theatres. Improved properties upon which movie or live-performance theatres are maintained shall be charged with 0.0005 equivalent dwelling units for each square foot of gross floor area in the performance-viewing areas of the improved properties. If food service areas are also provided on the improved property, additional equivalent dwelling units shall be charged as provided in Subsection C.
F. 
Self-service laundries. Improved properties upon which self-service laundries are maintained shall be charged with 0.0286 equivalent dwelling units for each square foot of gross floor area in the areas open to the public.
G. 
Offices. Improved properties upon which offices are maintained shall be charged with 0.0002 equivalent dwelling units for each square foot of gross floor area devoted to office and accessory uses (including, e.g., storage, filing, and supply areas, waiting areas, conference areas, meeting rooms, halls, elevators, washrooms, etc.).
H. 
Retail stores. Improved properties upon which retail sales uses are maintained shall be charged with 0.0002 equivalent dwelling units for each square foot of gross floor area devoted to retail sales and accessory uses (including, e.g., storage and supply areas, aisles, store shelves, elevators, washrooms, etc.).
I. 
Industrial. Improved properties upon which industrial uses are maintained shall be charged as follows:
(1) 
In general: 0.0003 equivalent dwelling units for each square foot of gross floor area devoted to industrial uses (including, e.g., manufacturing, processing, fabrication, assembly, repair, maintenance, garage, printing, binding, and freight terminal uses) and uses accessory thereto, other than uses described in Subsection I(2); plus
(2) 
Warehouse and storage: 0.0002 equivalent dwelling units for each square foot of gross floor area devoted to warehouse or storage uses (including aisles, etc.); plus
(3) 
Industrial waste. The City Engineer shall establish the number of equivalent dwelling units for such use as follows: the Engineer shall estimate the number of gallons of water which will be consumed by such use on an average day period of a year for which the total flow is greatest, and divide such estimate by 159.5 gallons, to yield the number of equivalent dwelling units.
J. 
Schools.
(1) 
Day schools. Improved properties upon which schools are maintained (other than boarding schools) shall be charged with 0.0229 equivalent dwelling units per person if the school includes showers, and 0.0109 equivalent dwelling units per person if the school does not include showers.
(2) 
Boarding schools. Improved properties upon which boarding schools are maintained shall be charged with 0.0023 equivalent dwelling units for each square foot of gross floor area in any residence hall (including bedrooms, washrooms, lounge areas, halls, etc.), plus 0.0229 equivalent dwelling units per person for all other areas.
(3) 
Person. For purposes of this Subsection J, the number of persons in a school shall be equal to the maximum number of students who may attend the school at any one time as established by the Pennsylvania Department of Education, plus the number of administrators, faculty, staff, and other employees reasonably expected to be assigned to work at the school building in the event the number of students at the school is equal to the maximum permitted number of students.
K. 
Churches. Improved properties upon which churches are maintained shall be charged with 0.0002 equivalent dwelling units for each square foot of gross floor area in any worship assembly area (including, but not limited to, nave and sanctuary areas, but not including any vestibule areas). In addition, if schools, classrooms, offices, or food service uses are located on church property, such additional uses shall be charged with equivalent dwelling units as prescribed in the other subsections of this section.
L. 
Hospitals. Improved properties upon which hospitals are maintained shall be charged with:
(1) 
Inpatients: 0.8571 equivalent dwelling units for each inpatient bed the hospital is authorized to maintain (any change in the number of authorized inpatient beds shall be deemed a change in use or modification of use of the improved property); plus
(2) 
Outpatients: 0.0002 equivalent dwelling units for each square foot of gross floor area in the hospital, except for inpatient rooms (rooms with beds primarily occupied by inpatients) and rooms primarily devoted to the performance of medical procedures on persons who are inpatients at the hospital. In addition, if food service uses are located at the hospital, such uses shall be charged with equivalent dwelling units as prescribed in Subsection C, and the area occupied by such uses shall not be included in the calculations made under the first sentence of this Subsection L(2).
M. 
Institutions other than hospitals. Improved properties upon which institutions (other than hospitals) are maintained (e.g., nursing homes) shall be charged with 0.3596 equivalent dwelling units for each bed the institution is authorized to maintain. (Any change in the number of authorized beds shall be deemed a change in use or modification of use of the improved property for purposes of calculating EDUs.)
N. 
Swimming pools and bathhouses.
(1) 
Except as provided in Subsection N(2), improved properties upon which swimming pools or bathhouses are maintained shall be charged with 0.0007 equivalent dwelling units for each square foot of gross area in the building areas and/or outdoor enclosed areas devoted to the pool or bathhouse uses. In addition, any food service uses shall be charged with additional equivalent dwelling units as provided in Subsection C.
(2) 
Subsection N(1) shall not apply to pools or bathhouses which are associated with residential properties and which may only be used by residents or guests of residents who are not charged an admission fee.
O. 
Other uses. Whenever any use is proposed or exists on improved property which is not fairly described in the preceding subsections of this § 633-47, the number of equivalent dwelling units with respect to such use shall be determined, whenever practicable, by reference to that use (or those uses) described in the preceding subsections of this § 633-47 which is most similar to the use which is proposed or exists on the improved property, or shall be based on patterns of water consumption for similar existing customers. Whenever it is not practicable to calculate equivalent dwelling units by reference to one or more of the preceding provisions of this § 633-47, the City Engineer shall establish the number of equivalent dwelling units for such use as follows: the Engineer shall estimate the number of gallons of water which will be consumed by such use on an average day and divide such estimate by 159.5 gallons, to yield the number of equivalent dwelling units.
P. 
Multiple uses. Whenever any improved property shall have more than one use established thereon, the number of equivalent dwelling units for such improved property shall be equal to the sum of the number of equivalent dwelling units for each individual use (as provided in the preceding subsections of this § 633-47).
Q. 
Special exceptions to use of presumed EDUs.
(1) 
In general. The City recognizes that the presumptions set forth in § 633-47 may not properly reflect flow rates to a given improved property for water. Therefore, the procedures set forth in this subsection shall apply to any request to establish a different number of EDUs for any given improved property, applicable to water use by special exception.
(2) 
Request for special exception. Either the City or a person with an interest in the improved property may request a special exception to the presumptions of § 633-47. The City shall make such a request by mailing (certified mail, return receipt requested to last-known address) or hand-delivering a notice of the request to the owner of the improved property or his authorized agent. Any other interested person shall make such a request by filing a written notice with the City, on forms prescribed by the City.
(3) 
Agreement of owner and City. If the owner of the improved property and the City shall agree that the number of EDUs which should be assigned to any improved property for purposes of water should be higher or lower than the number of presumed EDUs under § 633-47, and shall agree on the appropriate number of EDUs, the number so agreed shall be the number of EDUs assigned to the improved property at that time. Any agreement under this Subsection Q(3) with respect to any particular situation giving rise to an obligation to make a payment to the City shall be made at or prior to the time that the payment is due to the City.
A. 
Except as hereinafter set forth, the tapping fee charged pursuant to this article for each improved property which is to be newly connected to the water system shall be due and payable at the time application is made to connect to the water system.
B. 
In the case of a tapping fee charged due to a change or intensification in the use of a property connected to the water system, the tapping fee shall be due and payable:
(1) 
At or before the time the owner or his agent obtains a building permit, if a building permit is required in connection with the circumstances under which the tapping fee is imposed;
(2) 
At or before the time the owner or his agent obtains a zoning permit, if a building permit is not required but a zoning permit is required in connection with the circumstances under which the tapping fee is imposed;
(3) 
At or before the time the owner or his agent obtains a business privilege license, if neither a building permit nor zoning permit is required, but a new business privilege license is required in connection with the circumstances under which the tapping fee is imposed;
(4) 
At or before the time the owner or his agent completes his improvements, alterations, extensions, or modifications, or establishes his new use, or intensifies his existing use, if neither a building permit, a zoning permit, nor a business privilege license is required in connection with the circumstances under which the tapping fee is imposed.
A. 
It is expressly understood that all fees charged pursuant to this article shall be based upon the duly adopted fee schedule at the time of payment. It is expressly understood that no capacity shall be guaranteed for an owner until such time as the tapping fees enumerated herein have been paid or secured by financial security as may be approved by the City.
B. 
All fees as authorized to be charged pursuant to this article shall be in addition to any charges assessed against the property in the construction of a water main or appurtenances by the City as well as any other user charges, corporation stop, and sleeve and valve connection fees imposed by the City.
The City reserves its right to review the fees set forth in this article as well as the methods of calculation thereof from time to time as it deems necessary.