A. APPLICANT DWELLING UNIT EQUIVALENT TYPICAL DWELLING UNIT or ETDU GALLONS PER DAY or GPD SEWER SYSTEM SEWER TAPPING FEE(S) USE
Definitions. The following terms and definitions shall apply to this article:
An applicant for a connection to or additional use of the sewer system.
Any room or group of rooms intended for separate occupancy exclusively as a single habitable residential unit with sleeping, cooking and lavatory facilities.
A unit of measure for determining sewer tapping fees, which unit equals 345.6 gpd and is based on an average dwelling unit occupancy of 3.84 persons times a per capita sewage discharge of 90 gpd.
A peak daily average of the gallons of sewage flow which is or may be discharged from a use to the sewer system, which average is used to determine the sewer tapping fee.
The Borough's public sanitary sewer system.
Charge(s) for sewer system capital costs, assessed against the owner of the property.
Each dwelling unit and each separate business, profession, occupation, space, leasehold and/or condominium which or where an operation or activity, whether commercial, industrial, institutional or nonresidential, is or is intended to be conducted and connected to the sewer system.
B.
Sewer tapping fees. A sewer tapping fee is hereby fixed and imposed upon the owner of the property where a use is or is to be connected to the sewer system, directly or indirectly, and/or where a previously connected use is changed and/or one or more new use(s) is/are to be connected. Such connections may be through a new or existing connection, regardless of whether such property is connected separately or through one or more existing or new lateral sewers or sewer connections or collection lines owned by any owner other than the Borough. Sewer tapping fees, for each use, shall be in accordance with the following:
(1)
Application for service. Before any new connection is made to the sewer 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 generate more flows 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 for a connection to the sewer system shall certify to the Borough the proposed use or uses and, with respect to each use, other than a dwelling unit, the reasonably anticipated sewer 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, issues a connection permit therefor and the sewer tapping fee is paid in full.
(2)
Sewer calculations.
[Amended 4-21-2020 by Ord. No. 267]
(a)
Capacity part:
$4,420,778/381,750 gallons = $11.58/gallon |
Gallon per EDU = 345.60 |
Capacity part of tapping fee per EDU = 345.60($11.58) = $4,002 |
(b)
Collection part:
$534,655/381,750 = $1.40 |
Gallon per EDU = 345.60 |
Collection part of tapping fee per EDU = 345.60($1.40) = $484 |
(c)
Therefore, total capacity and collection tapping fee = $4,486 per EDU.
(d)
This represents a slightly less than 40% decrease from the current tapping fee of $7,392 per EDU.
(3)
The owner of any building, structure or property which contains more than one use shall pay a separate sewer tapping fee for each use.
(4)
The sewer tapping fee for each dwelling unit shall be $7,392.
(5)
The sewer tapping 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 sewage flows from the proposed use; however, in no case shall the sewer tapping fee be less than that for one ETDU (i.e., $7,392).
(6)
If any building connected to the sewer 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 sewer system through an existing lateral, so as to create or establish (an) additional or expanded use(s), an additional sewer tapping 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; provided, however, that the remodeling and/or enlarging of a dwelling unit, for which a sewer tapping fee has been paid, shall not require an additional sewer tapping fee.
(7)
If a connected use is changed, expanded and/or added to, so that additional sewage flows will result, an additional sewer tapping fee is imposed. Such additional fee shall be equal to the gpd of the additional peak daily sewage flow multiplied by $21.39 per gallon of such flow; provided, however, that increased flows from a dwelling unit, for which a sewer tapping fee has been paid, shall not require an additional sewer tapping fee.
(8)
Borough determination of usage. The Borough shall have the right, at any time, to determine the actual sewer usage of any use connected to the sewer system to verify that the actual sewer usage conforms to the applicant's certification.
(9)
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 sewer tapping fee based upon actual additional peak daily sewage flow (over the sewage flow for which the use's paid sewer tapping fee(s) was/were based). Such additional fee shall be equal to the gpd of the additional peak daily sewage flow multiplied by $21.39 per gallon of such flow.
(10)
The sewer tapping fee(s) imposed hereunder shall be in addition to:
(11)
Decreased usage. No refund, rebate or credit of sewer tapping fees shall be made in the event of a decrease in sewer usage.
(12)
Nontransferable fees. No sewer tapping fee paid, pursuant to this article, for a use on any property, shall be transferable to any other property.
(13)
Time for payment. Sewer tapping 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. For increased sewer use or a change in use, the additional sewer tapping fee shall be due and payable upon issuance of any building permit for improvements for a new use and, if no improvements are proposed, any certificate of occupancy for changed or expanded use.
(14)
Credit for tapping fees paid to sewer authority. To the extent that a property owner has paid a sewer tapping fee to the Avondale Borough Sewer Authority ("Authority") for the same connection and use for which a sewer tapping fee is also owed hereunder, the Borough shall credit the amount paid to the Authority as a payment on account of the sewer tapping fee owed to the Borough.
C.
Penalties for delinquent tapping fees and liens.
(1)
If a use is connected and/or begun before paying the required sewer tapping 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 and/or water service for failure to pay the sewer tapping fee.
(2)
All sewer tapping 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 sewer tapping 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.