[Adopted 6-27-2017 by Ord. No. 400]
Newberry Township has determined, based upon the Capital Charges
Study,[1] that certain fees must be imposed in order to recover
certain capital costs incurred in the construction of the Sewer System
and appurtenant facilities, and in order to provide for the recovery
of certain costs associated with the connection of additional users
to the sewer system. It is deemed to be in the public interest of
Newberry Township, the current users of the sewer system, and future
users, that all improved properties hereafter connected to the sewer
system pay a connection fee and/or a tapping fee, as provided in the
Act and as provided in this article. The purpose of this article is
to provide for the imposition and collection of such connection fees
and/or a tapping fee. All references to the Township ownership and
operation of the sewer system shall be interpreted to include the
authority as the predecessor in interest of the sewer system.
[1]
Editor's Note: Said study on file and available for viewing
in the Township office.
When used in this article, the following words, terms and phrases
shall have prescribed to them the meanings hereafter set forth:
Refers to a building which is intended to be used for continuous
or periodic habitation by human beings and containing two or more
family dwelling units; of which contains business or professional
offices and one or more family dwelling units; or which contains business,
professional or any other similar type of office or offices.
Refers to an improved property that is intended to be used
for the purpose of carrying on a trade, business, or profession, or
for social, religious, educational, charitable, or public uses.
The fee authorized by the Act, as referenced in the Code,
53 Pa.C.S.A. § 67502(a), as such provisions may be amended
from time to time, and representing the cost of the connection of
the improved property extending from the Township's sewer main to
the property line or curb stop of such improved property.
Refers to an improved property that is intended to be used
for continuous or periodic habitation by human beings in a single-family
unit.
In the case of a domestic use, any room, group of rooms,
house, trailer, or other structure or enclosure occupied or intended
for occupancy as separate living quarters by a family or by persons
living together or by persons living alone.
Any property located within the Township's service area upon
which there is erected a structure or structures intended for continuous
or periodic habitation, occupancy or use by human beings or animals
and from which structure or structures sanitary sewage and/or industrial
wastes shall be or may be discharged.
Refers to an improved property that is intended to be used
in whole or in part for the manufacture, fabrication, processing,
cleaning, laundry, conversion, or assembly of any product, commodity,
or article.
Any solid, liquid, gaseous, or waterborne wastes from industrial
processes or commercial establishments, as distinguished from sanitary
sewage.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Includes natural persons, partnerships, companies, societies,
trusts, associations and corporations, and other groups and entities,
public and private.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions, and commercial establishments,
exclusive of stormwater runoff, surface water or groundwater.
The sanitary sewer system owned and operated by the Township.
The fee authorized by Act, as referenced in the Code, and
which is required to be paid upon the connection of any improved property
to the sewer system or upon addition of an apartment or office use;
a domestic use; or an increase in sanitary sewer discharge by commercial
or industrial facilities.
A.
Pursuant to the Act and as determined in the capital charges study,
the following connection fee is hereby adopted for each improved property
hereafter connected to the sewer system where the lateral or connection
has been installed by the Authority or Newberry Township;
B.
The actual cost to the Township, as documented by records, for connecting
the customer or the average cost of previously installed connections
of similar type and size. Such average cost may be trended to current
cost using published cost indexes; provided, however, that:
C.
Where the owner of such improved property causes such lateral to
be installed or connection to be made at his own expense, no connection
fee shall be payable to the Township.
Pursuant to the Act and as determined in the capital charges
study, a tapping fee is hereby imposed against any improved property
and against the owner of such improved property whenever such owner
hereafter shall connect any such improved property with a sewer main
constituting a portion of the sewer system, which tapping fee shall
be calculated in the following manner:
A.
Base tapping fee. To be paid by all owners or persons connecting
to or using the sewer system:
|
Capacity part
|
$1,135.97 per EDU
|
|
Collection part
|
$1,985.92 per EDU
|
|
Total base tapping fee
|
$3,121.89 per EDU
|
B.
Influent pump station.
(1)
To be paid by all owners or persons connecting to or using the sewer
system:
|
Special purpose part (Township contribution)
|
$313.43 per EDU
|
|
Reimbursement part (McNaughton reimbursement)
|
$463.85 per EDU
|
|
Total tapping fee for influent pump station
|
$777.28 per EDU
|
(2)
For owners or persons connecting to the sewer system by way of the
following interceptor lines, the following fees shall apply in addition
to the base tapping fee and influent pump station tapping fee:
C.
Newberrytown interceptor. To be paid by all owners or persons connecting
to or using the Newberrytown Interceptor:
|
Base tapping fee
|
$3,121.89 per EDU
|
|
Influent pump station
|
$777.28 per EDU
|
|
Special purpose part (Township reimbursement)
|
$480.77 per EDU
|
|
Special purpose part (pump station abandonment)
|
$239.08 per EDU
|
|
Total Newberrytown interceptor tap fee
|
$4,619.02 per EDU
|
D.
Fox Farm interceptor. To be paid by all owners or persons connecting
to or using the Fox Farm Interceptor:
|
Base tapping fee
|
$3,121.89 per EDU
|
|
Influent pump station
|
$777.28 per EDU
|
|
Special purpose part (tap fee credit reimbursement)
|
$592.22 per EDU
|
|
Reimbursement part (McNaughton management fee)
|
$189.48 per EDU
|
|
Total fox farm interceptor tap fee
|
$4,680.87 per EDU
|
E.
White oak interceptor.
(1)
To be paid by all owners or persons connecting to or using the White
Oak Interceptor:
|
Fox Farm interceptor tapping fee
|
$4,680.87 per EDU
|
|
White Oak special purpose part (Township contribution)
|
$212.09 per EDU
|
|
Total white oak interceptor tap fee
|
$4,892.96 per EDU
|
(2)
The above tapping fees are imposed and payable for each separate
use made within or on any improved property. In the case of domestic
uses and apartment or office uses, a separate tapping fee shall be
paid for each dwelling unit or apartment or each office or suite of
offices as though each were in a separate structure and as though
each had a direct and separate connection to the sewer system, regardless
of whether the sewer mains or extensions thereto are installed by
the owner or by the Township. In the case of commercial uses, industrial
uses, and all other types of uses, a separate tapping fee shall be
paid for each separate use or type of use made within or on such improved
property.
The connection fee and tapping fee imposed hereunder with respect
to any improved property to be served by the sewer system shall be
due and payable at the time of the filing of the application to connect
such improved property to the sewer system and upon addition of an
apartment or office use; a domestic use; or an increase in sanitary
sewer discharge by commercial or industrial facilities.
In the case of a commercial or industrial use, one equivalent dwelling unit shall be based upon 223 gallons of wastewater discharged per day (or estimated to be so discharged). The projected discharge for such commercial or industrial use shall be estimated by the Township or by its consulting engineer in accordance with sound engineering practice. After one year following the date of connection to the sewer system, the Township shall make an analysis of actual discharge of such commercial or industrial use, and shall thereafter adjust the tapping fee previously collected, either upward or downward, based upon the highest actual quarter-annual discharge. Any additional amount due from the owner of such commercial or industrial use shall be payable immediately upon notice thereof given by or on behalf of the Township to such owner, and any refund due to such owner shall be promptly paid by the Township to such owner following such determination. In no event shall the tapping fee be less than the applicable fee set forth in § 310-56 above. After the initial year of discharge, the Township shall analyze annually the actual discharge of such commercial or industrial use, and, if the discharge is greater than the last annual analysis, it shall thereafter adjust the tapping fee upward based upon the highest actual quarter-annual discharge, and the additional amount due shall be payable immediately upon notice thereof to the owner. No downward adjustment or refund of a tapping fee shall be made or paid after the first year's analysis as required hereinabove.
The Township or its authorized representative shall have the
right of access at all reasonable times to all parts of any premises
connected to the sewer system to examine and inspect connections and
properties in order to enforce the provisions of this article.
The Township shall have the right to adopt by resolution from
time to time changes to the connection fees and tapping fees and such
additional rules and regulations as it may deem necessary and proper
in connection with the imposition, collection and establishment of
the connection fee and tapping fee imposed herein.
The connection fees and/or tapping fees imposed by the Township
shall be a lien on the improved property connected to and served by
the sewer system where such fees or charges are not paid as provided
herein, which lien may be filed in the office of the Prothonotary
of York County, Pennsylvania, and shall be collected in the manner
provided by law for the filing and collection of municipal claims.
In addition, the payment of said connection fees or tapping fees imposed
hereunder may be enforced by the Township in any manner appropriate
under existing laws at the time they become due and payable.
All ordinances and resolutions or parts of ordinances or resolutions
inconsistent herewith are repealed.
In the event any provision, section, sentence, clause or part
of this article shall be held by any court or administrative tribunal
of competent jurisdiction to be invalid, such invalidity shall not
affect or impair any remaining provision, section, sentence, clause
or part of this article, it being the intent of the Township that
such remainder shall be and shall remain in full force and effect.
