Borough of Phoenixville, PA Part 4 WATER CONNECTION

§ 26-401 Water Connection Fees.

[Ord. No. 2021-2324, 3/9/2021]

1. A water connection fee is hereby fixed and imposed upon the owner of the property where a use is to be connected to the water system directly or indirectly and/or where a previously connected use is changed or expanded and/or one or more new uses is/are to be connected. Such connections may be through a new or existing physical connection, connected separately or through one or more existing or new service connections or supply lines owned by any owner other than the Borough. Water connection fees, for each use, shall be in accordance with the following:

A. Application for Service. Before any new connection is made to the water system, any new use is added to an existing connection, any connected use (other than a dwelling unit) is changed and/or used so as to increase water usage and/or any connected use is changed to another use, an application therefor must be filed, with the Borough, by the property owner. Each applicant shall certify, to the Borough, the proposed use or uses, with respect to each use other than a dwelling unit, and the reasonably anticipated water usage in peak gallons per day for each use to be connected. All applications shall provide such relevant information as the Borough may require. No such connection, change or additional usage shall be made and/or begun until and unless the Borough approves the application therefor and issues a connection permit therefor and the water connection fee is paid in full.

B. The owner of any building, structure or property which contains more than one use shall pay a separate water connection fee for each use.

C. The water connection fee for each dwelling unit shall be in accordance with the Borough of Phoenixville Master Schedule of Fees.

D. The water connection fee for each use other than a dwelling unit shall be based initially upon the applicant's estimate of the projected gpd of peak daily water use from the proposed use; however, in no case shall the water connection fee be less than that for one EDU.

E. If any building connected to the water system shall be converted, enlarged or remodeled or (an) additional building(s) is/are to be constructed on a property and connected directly or indirectly to the water system through an existing service or private supply line, so as to create or establish (an) additional or expanded use(s), an additional water connection fee for each such additional or expanded use shall be paid prior to the issuance of a connection permit therefor and prior to the issuance of any building permit for any improvements for the use and if no building permit is required, prior to any occupancy permit for the use.

F. If a connected use is changed, expanded and/or added to, so that additional water use will result, an additional water connection fee is imposed.

G. Borough Determination of Usage. The Borough shall have the right, at any time, to determine the actual water usage of any use connected to the water system to verify that the actual water usage conforms to the applicant's certification.

H. For uses other than a dwelling unit(s), the borough, from time to time, following the connection of the use and/or the addition and/or change of a nonresidential use already connected, may assess and impose an additional water connection fee based upon actual additional peak daily water usage (over the usage for which the use's paid water connection fee(s) was/were based).

I. The water connection fee(s) imposed hereunder shall be in addition to:

(1) Any connection fee and/or inspection charge imposed by the Borough; and

(2) Any rental and/or other service rates and charges fixed, charged or imposed by the Borough by reason of the use, or availability for use, of the water system by uses of the property.

J. Decreased Usage. No refund, rebate or credit of water connection fees shall be made in the event of a decrease in water usage.

K. Nontransferable Fees. No water connection fee paid, under this Part, for a use on any property, shall be transferable to any other property.

L. Time for Payment. Water connection fees shall be due and payable upon the Borough's issuance of a connection permit for the proposed use and/or change or addition to a use.

§ 26-402 Penalties for Delinquent Connection Fees and Liens.

[Ord. No. 2021-2324, 3/9/2021]

1. If a use is connected and/or begun before paying the required water connection fees, the fee shall be subject to a 10% penalty and the fee plus the penalty shall bear interest from the due date at the rate of 1% per month or fraction thereof until paid. These penalties shall be concurrent with all other remedies, legal and equitable, available to the Borough for collection of the fees including, but not limited to, municipal lien and assumpsit remedies. The Borough shall also have the right to disconnect the service for failure to pay the water connection fee.

2. All water connection fees, together with all penalties thereon, not paid on or before the end of six months from the date due shall be deemed to be delinquent. All water connection fees and all penalties and interest thereon shall be a municipal claim and lien against such property where the connected use(s) is/are located and may be collected in the manner provided by law for the filing and collection of such claims and liens.