[Ord. No. 2020-04, 10/1/2020[1]]
1.
Imposition of Fee. Except as provided in Subsection 2 herein, the owner of each improved property which is to be newly connected to the sewerage system shall pay a connection fee to the Township at or before the time the owner or his agents obtains an allocation for capacity in the sewerage system, or obtains a permit to connect into the sewerage system. The connection fee is a charge for the cost of constructing a service line from the sewerage system main to the curb stop or property line fronting the property to be connected, and connecting the service line to the sewerage system main.
2.
Construction of Facilities by Owner.
A.
No sewer connection fee shall be charged to any owner who constructs
the service line and connects the service line to the sewerage system
main by himself or through his agents at his own expense. However,
in that event, the owner shall pay the Township an inspection fee
for inspecting the construction of the service line and the connection
with the sewerage system in accordance with an inspection fee schedule
adopted from time to time by resolution of the Board of Commissioners.
B.
No owner shall have the right to construct and connect a service
line to the sewerage system without the approval of the Township,
which approval may be withheld for any reason or no reason. If the
Township agrees to permit an owner or his agents to construct a service
line or make a service line connection, it may impose any conditions
it desires in connection with the approval, and may require the payment
of the Township's review, inspection, administrative, legal,
engineering, and other costs, and an advance deposit or other security
to insure such payment.
C.
Amount of Fee. The connection fee shall be equal to the actual cost
incurred by the Township in connection with the construction of the
service line and the making of the connection with the sewerage system
(including actual inspection costs). In determining the actual costs
incurred by the Township, all materials used shall be billed at their
cost to the Township, time expended by Township employees shall be
billed at their hourly cost to the Township (including benefits),
time expended by Township agents other than employees shall be billed
at their cost to the Township (to the extent that they are reasonable
and do not exceed normal charges when fees are not reimbursed by property
owners), and other Township expenses (including administration, overhead,
and use of equipment) shall be billed at their cost to the Township,
as reasonably estimated by the Township. Before any work is begun
by the Township, the owner shall pay the Township's reasonable
estimate of the connection fee due; after the work is completed, the
Township shall refund any excess or charge any shortage of the estimated
connection fee as compared to the actual connection fee for the work.
[1]
Editor's Note: This ordinance deleted in its entirety
and restated former Part 17, Connection, Customer Facilities and Tapping
Fees, adopted by Ord. No. 1991-8, 9/5/1991, as amended.
[Ord. No. 2020-04, 10/1/2020]
1.
In General. All customer facilities to connect the structure served
on an improved property with the sewerage system at the termination
of the connection service line shall be constructed by the owner or
his agents. The construction shall be in accordance with the Township's
regulations, requirements, rules, and standards, shall be performed
by a contractor acceptable to the Township, and shall be subject to
inspection by the Township. Prior to construction, the owner must
deposit with the Township the Township's estimated reasonable
and necessary costs of review, construction, inspection, administrative,
legal, engineering, and other services in connection with the work.
Inspection fees under the preceding sentence shall be in addition
to any inspection fees otherwise imposed in relation to the construction
of structures on the improved property. After the completion of the
construction, the Township may retain all costs actually incurred,
and charge any additional amount of costs in excess of the amount
deposited. However, the Township shall make no charge for the purchase
or installation of a water meter under this chapter. Such a charge
may only be imposed in relation to the connection of an improved property
with a municipal water system.
2.
Actual Costs. In determining the actual costs incurred by the Township under Subsection 1 herein, all materials used shall be billed at their cost to the Township, time expended by Township employees shall be billed at their hourly cost to the Township (including benefits), time expended by Township agents other than employees shall be billed at their cost to the Township (to the extent that they are reasonable and do not exceed normal charges when fees are not reimbursed by property owners), and other Township expenses (including administration, overhead, and use of equipment) shall be billed at their cost to the Township, as reasonably estimated by the Township.
[Ord. No. 2020-04, 10/1/2020]
1.
New Connection. The owner of each improved property which is to be newly connected to the sewerage system shall pay a tapping fee to the Township, in the amount specified under § 18-1706 as of the time of payment, at or before the time the owner or his agents obtains an allocation of capacity in the sewerage system or obtains a permit to connect into the sewerage system.
2.
Improper Connection. The owner of each improved property which is improperly connected to the sewerage system without a permit shall pay a tapping fee to the Township, in the amount specified under § 18-1706 as of the time of actual payment, immediately upon demand by the Township.
3.
Failure to Make Required Connection. The owner of each improved property which is not connected to the sewerage system within 60 calendar days after the date the Township serves a notice to connect such improved property to the sewerage system shall pay a tapping fee to the Township, in the amount specified under § 18-1706 as of the time of actual payment, on the 61st calendar day after the date the notice was served. Service for this purpose shall be complete when a notice to connect is deposited, postage prepaid, in the United States mail, addressed to the legal owner(s) of the improved property at their last known address according to the records of the Lehigh County real estate tax office.
4.
Amount of Sewage Flow. The amount of sewage flow for an improved property which is being assessed a tapping fee under this § 18-1705 shall be equal to, for residential use, the design capacity required by a new residential customer or, for nonresidential use, the daily anticipated amount of flow for the proposed nonresidential use for the improved property as of the later of A) the date of payment, B) the date the use intended for the improved property (as of the date of payment) is established, or C) the date the improvements contemplated for the improved property (as of the date of payment) are completed.
A.
The Township shall have the option of estimating the amount of sewage
flow using flow calculations available from the Department of Environmental
Protection, from public utility industry publications, or from user
estimates, so long as the latter has an empirical and readily verifiable
basis, provided that no estimate shall be made in a manner which conflicts
with Acts 2003-57 or 1990-203.
5.
Purpose. The sewer tapping fee is imposed for the ability to use
sewerage system facilities to the extent of the sewage usage associated
with the use of the improved property.
[Ord. No. 2020-04, 10/1/2020]
1.
Imposition of Fee. The owner of each improved property which is connected to the sewerage system shall pay a tapping fee to the Township, in the amount specified under § 18-1706 as of the time of payment, whenever the use of the improved property is to be changed, the use of the improved property is to be intensified, or improvements, alterations, extensions, or modifications are to be constructed or made on the improved property, unless the amount of additional sewage flow for the improved property as of the date the new use intended for the improved property is established, the date the existing use of the improved property is intensified, or the date the improvement, alterations, extensions, or modifications contemplated for the improved property are completed, is less than or equal to the amount of sewage flow assigned to the improved property at the time the most recent sewer tapping fee was paid.
2.
Time of Payment. The tapping fee described in Subsection 1 shall be paid at or before the earlier of the date that the owner obtains an allocation of additional capacity in the sewerage system, or:
A.
The time the owner or his agents obtains a building permit, if a
building permit is required connection with the circumstances under
which the tapping fee is imposed.
B.
The time the owner or his agents 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.
C.
At or before the time the owner or his agents completes his improvements,
alternations, extensions, or modifications, or establishes his new
use, or intensifies his existing use, if neither a building permit
nor a zoning permit is required in connection with the circumstances
under which the tapping fee is imposed.
D.
Immediately upon demand by the Township, if a building permit or
zoning permit is required but not obtained, and activity which would
have to be authorized by a valid building permit or zoning permit
is undertaken.
3.
Amount of Sewage Flow. The amount of additional sewage flow for an improved property which is being assessed a tapping fee under this § 18-1706 shall be equal to:
A.
The amount or anticipated amount of sewage flow for the improved
property as of the later of 1) the date of payment, 2) the date the
use or intensified use intended for the improved property (as of the
date of payment) is established, or 3) the date the improvements contemplated
for the improved property (as of the date of payment) are completed,
less;
B.
The amount of sewage flow assigned to the improved property at the
time the most recent sewer tapping fee was paid.
C.
The Township shall have the option of estimating the amount of sewage
flow using flow calculations available from the Department of Environmental
Protection, from public utility industry publications, or from user
estimates, so long as the latter has an empirical and readily verifiable
basis, provided that no estimate shall be made in a manner which conflicts
with Acts 2003-57 or 1990-203.
4.
Purpose. The sewer tapping fee is imposed for the ability to use
sewerage system facilities to the extent of the amount of additional
sewage usage associated with the new, changed, or intensified use
of the improved property.
[Ord. No. 2020-04, 10/1/2020]
1.
Imposition of Fee. The owner of each improved property which is connected to the sewerage system shall pay a tapping fee to the Township, in the amount specified under § 18-1706 as of the time of payment, whenever the Township shall reasonably determine that the actual average flow of sewage from the improved property to the sewerage system in a year is more than 110% of the flow for which a sewer tapping fee has been paid with respect to the improved property.
2.
Time of Payment. The sewer tapping fee described in Subsection 1 shall be paid within 30 days after demand by the Township.
3.
New or Additional Sewage Flow. The new or additional sewage flow for an improved property which is being assessed a tapping fee under this § 18-1705 shall be equal to:
A.
The actual sewage flow for the improved property as reasonably determined
by the Township based on actual flows of sewage from the improved
property during the most recent fifteen-month period, less;
B.
The amount of sewage flow assigned to the improved property at the
time the most recent sewer tapping fee was paid.
4.
Purpose. The sewer tapping fee is imposed for the ability to use
sewerage system facilities to the extent of the full sewage usage
associated with the use of the improved property.
[Ord. No. 2020-04, 10/1/2020]
1.
In General: Residential Use. For residential use, the sewer tapping
fee shall be equal to the design capacity required by a new residential
customer (rounded to four decimal places) multiplied by the number
of new dwelling units for which the fee is being assessed multiplied
by the sum of the following fee parts:
A.
Capacity Part. A capacity part in the amount separately set forth
in the tapping fee calculation schedule of fees adopted by a resolution
of the Board of Commissioners of the Township, in accordance with
Acts 1990-203 and 2003-57.
B.
Collection Part. A collection part in the amount separately set forth
in the tapping fee calculation schedule of fees adopted by a resolution
of the Board of Commissioners of the Township, in accordance with
Acts 1990-203 and 2003-57.
C.
Special Purpose Part. A special purpose part, but only with respect
to customers in areas served by special purpose facilities, in the
amount separately set forth in the tapping fee calculation schedule
of fees adopted by a resolution of the Board of Commissioners of the
Township, in accordance with Acts 1990-203 and 2003-57.
D.
Reimbursement Part. A reimbursement part, but only with respect to
customers in the areas served by facilities constructed by private
persons, in the areas and amount separately set forth in the tapping
fee calculation schedule of fees adopted by a resolution of the Board
of Commissioners of the Township, in accordance with Acts 1990-203
and 2003-57.
2.
In General: Nonresidential Use. For nonresidential use, the sewer
tapping fee shall be equal to the daily anticipated amount of flow
for the proposed use for which the fee is being assessed divided by
the design capacity required by a new residential customer (rounded
to four decimal places) multiplied by the sum of the following fee
parts:
A.
Capacity Part. A capacity part in the amount separately set forth
in the tapping fee calculation schedule of fees adopted by a resolution
of the Board of Commissioners of the Township, in accordance with
Acts 1990-203 and 2003-57.
B.
Collection Part. A collection part in the amount separately set forth
in the tapping fee calculation schedule of fees adopted by a resolution
of the Board of Commissioners of the Township, in accordance with
Acts 1990-203 and 2003-57.
C.
Special Purpose Part. A special purpose part, but only with respect
to customers in areas served by special purpose facilities, in the
amount separately set forth in the tapping fee calculation schedule
of fees adopted by a resolution of the Board of Commissioners of the
Township, in accordance with Acts 1990-203 and 2003-57.
D.
Reimbursement Part. A reimbursement part, but only with respect to
customers in the areas served by facilities constructed by private
persons, in the areas and amount separately set forth in the tapping
fee calculation schedule of fees adopted by a resolution of the Board
of Commissioners of the Township, in accordance with Acts 1990-203
and 2003-57.
3.
Optional or mandatory reimbursement agreements with persons who construct
sewer facilities may be entered into from time to time by the Township
in accordance with the provisions of 53 Pa.C.S.A. § 5607(d)(24)(i)(C)(IV).
4.
Tapping Fee Calculation Schedule of Fees. The capacity part, collection part, special purpose part and/or reimbursement part of the tapping fee shall be determined separately for each sewer district (in accordance with the sewer districts described in § 18-1707), shall be in amounts adopted by a resolution of the Board of Commissioners of the Township in accordance with Acts 1990-203 and 2003-57, and shall be available for public inspection on a tapping fee calculation schedule of fees which also contains a detailed itemization of all calculations that clearly show the manner in which the fees were determined.
[Ord. No. 2020-04, 10/1/2020]
1.
For purposes of this chapter, the Township shall be divided into
nine separate sewer districts, described as follows:
A.
District I. The area directly or indirectly served by the Lehigh
County Authority Western Lehigh Interceptor, but not including the
area also served, directly or indirectly, by the Upper Macungie Township
Authority trunk sewer line.
B.
District IA. The area directly or indirectly served by both the Lehigh
County Authority Western Lehigh Interceptor and the Upper Macungie
Township Authority trunk sewer line.
C.
District IB. The area directly or indirectly served by the Lehigh
County Authority Little Lehigh Relief Interceptor, but not including
the area also served, directly or indirectly, by the Lehigh County
Authority Western Lehigh Interceptor.
D.
District IC. The area directly or indirectly served by the Elbow
Lane Pump Station relief trunk sewer line.
E.
District ID. The area directly or indirectly served by the Mill Creek
Road/Seem Road trunk sewer line crossing Mill Creek.
F.
District IIA. The area directly or indirectly served by the Lower
Macungie Township East Wescosville Sanitary Sewerage Collection System
and the portion of the South Whitehall Township Cedar Creek Interceptor
downstream from Manhole H-12 (Section 1).
G.
District IIB. The area directly or indirectly served by the Lower
Macungie Township Cedar Creek Interceptor, Phase I, and the South
Whitehall Township Cedar Creek Interceptor, Section 1, Section 2 and
Section 3.
H.
District IIC. The area directly or indirectly served by the Lower
Macungie Township Cedar Creek Interceptor, Phase II, and the South
Whitehall Township Cedar Creek Interceptor, Section 1, Section 2 and
Section 3.
I.
District IID. The area directly or indirectly served by the Upper
Milford UMiT interceptor. This area is generally bounded by Indian
Creek Road, Macungie Road, and Sauerkraut Lane.
2.
The official Sewer District Map is on file at the Township Building and is attached to this chapter as Exhibit "A."[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
