[Adopted 12-27-2004 by Ord. No. 314 (Ch. XXIII, Part 2, of the 2013 Code of Ordinances)]
[Amended 7-23-2007 by Ord. No. 344; 11-26-2007 by Ord. No. 349; 9-12-2011 by Res. No. 2011-20; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Township hereby imposes the following tapping fees in the amounts and calculated as set forth from time to time by resolution of the Board of Supervisors, against the owner of any improved property in the respective Sewer Service Districts of the Township Sewer System, which improve property is required to be connected to the Township Sewer System pursuant to the terms and provisions of ordinances or other provisions then in effect requiring such connection to the Sewer System:
A. 
Spring wastewater treatment plant basin.
(1) 
Capacity part (per EDU).
(2) 
Distribution or collection part (per EDU).
(3) 
Special purposes part: N/A.
(4) 
Reimbursement Part: To be established by written agreement, from time to time, between the Township and such person at whose expense certain specific facilities were constructed.
B. 
Reading-Tulpehocken basin.
(1) 
Capacity part (per EDU).
(2) 
Distribution or collection part (per EDU).
(3) 
Special Purposes Part: N/A.
(4) 
Reimbursement part. To be established by written agreement, from time to time, between the Township and such person at whose expense certain specific facilities were constructed.
C. 
Reading-Wyomissing basin.
(1) 
Capacity part (per EDU).
(2) 
Distribution or collection part (per EDU).
(3) 
Special purposes part: N/A.
(4) 
Reimbursement part. To be established by written agreement, from time to time, between the Township and such person at whose expense certain specific facilities were constructed.
D. 
Commercial developments. Tapping Fees for all commercial developments shall be imposed and calculated in accordance with the per gallonage basis as established in Section 405 (a) and (b), No. 5. Present Value Unit Cost Calculation hereof.
[Amended 7-23-2007 by Ord. No. 344]
The tables below (not included herein) summarize the calculations upon which the tapping fee amounts are based. The tables are part of a Capital Charges Study dated December 2004, which may be reviewed in its entirety at the Engineering Office of the Township of Spring, and which study, including any supplements, revisions or additions thereto, is incorporated in its entirety and made a part of this part as if fully set forth at length and made part hereof.
With respect to such fees as set forth above, the total fees in each respective sewage service district shall be multiplied times the number of "Equivalent Dwelling Units (EDUs)" as has been determined or shall be determined by resolution or ordinance of the Township.
The tapping fees shall be due and payable at the time application is made to the Township to make any such connection to the Township Sewer System or, if applicable, the date when the Township causes the connection at any such improved property to the Township Sewer System, at the cost and expense of the owner, pursuant to the provisions of the connection ordinance or other provisions whereby an owner is required to connect to the Township Sewer System. No capacity shall be guaranteed for a property owner until such time as the Tapping Fees shall have been paid in full, except as may otherwise be provided by written agreement by and between the Township and owner.
This Part shall not affect any existing agreements which relate to the subject matter of Act 203 of 1990.[1]
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (6-19-2001, P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
It is the intent of the Township that any and all sewer charges, including tapping fees, as may had been previously established, paid to, or owed to the Township (Authority) shall remain payable to the Township (Authority), except to the extent that such payments shall be required to be made to the Township upon the termination and dissolution of the Authority.
[Amended 12-28-2020 by Ord. No. 445]
A. 
Dwelling units. Each Dwelling Unit (as defined in § 355-112 of Part 4 of this chapter) shall be required to purchase one EDU per Dwelling Unit even though two or more Dwelling Units are or will be connected to either new or old collection lines through a single connection (a wye or a manhole).
B. 
Nonresidential units (commercial and industrial). The number of EDUs to be assigned to each nonresidential unit owner shall be determined from the nature of the establishment and estimated and actual loads that may be or are discharged into either new or old collection lines through a single connection (a wye or a manhole). Whenever actual loads exceed estimates, an additional tapping fee or fees shall be charged.
C. 
Apartment complexes. For each Apartment Complex (as defined in § 355-112 of Part 4 of this chapter), constructed after the effective date of this part, where the Township issues one invoice per billing cycle to the owner of the Apartment Complex for all apartment units, the number of EDUs required to be purchased for each Apartment Complex, for purposes of determining the Tapping Fee, shall be determined as follows:
(1) 
Each one bedroom apartment unit and each two bedroom apartment unit shall be required to purchase a separate but partial EDU (0.55 EDU for each one or two bedroom apartment unit).
(2) 
Each apartment unit containing three or more bedrooms shall be required to purchase a separate and individual EDU (one EDU for each three or more bedroom apartment unit).
(3) 
The single owner of each Apartment Complex shall be solely responsible and liable for the payment of all tapping fees and all user fees for the entire Apartment Complex.
(4) 
To the extent that the owner of the Apartment Complex fails or refuses to pay the required tapping fees or any user fees in the form of a single payment for all such fees, the owner shall pay to the Township a separate and individual tapping fee for each apartment unit (one full EDU per unit), located within the Apartment Complex regardless of the number of bedrooms per apartment unit.
(5) 
Whenever actual loads exceed the number of gallons per day based upon the calculations set forth in this Subsection C, an additional tapping fee or fees shall be charged.
Where any property connected to said collection line shall be converted, enlarged or remodeled or additional buildings shall be constructed on a property and connected indirectly to said collection line through an existing lateral, so as to create or establish an additional classified use or uses, an additional tapping fee determined in accordance with § 355-209 of this Part 5 for each such additional use shall be payable to the Township by the owner of said property.
The tapping fee imposed hereunder shall be in addition to:
A. 
Any connection fee, inspection charge or administrative fee imposed by the Township;
B. 
Any customer facilities fee imposed by the Township; and
C. 
Any rental or other charges fixed, charged or imposed by the Township by reason of the use or availability of use, of the Sewer System by such property.
All tapping fees shall be payable to the Treasurer of the Township or to such other officer or representative of the Township as shall be authorized, from time to time, to accept payment thereof.
Payment of tapping fees charged by the Township pursuant to this part shall be enforced by the Township in any manner appropriate under laws at the time in effect.
The Township reserves the right, from time to time, to adopt modifications of, supplements to, or amendments of this part, and to reverse and substitute, from time to time, §§ 355-208 and 355-209 of this Part 5, which shall be available for public inspection, to reflect appropriate amendments to the cost components, design capacity, Sewer Service District, or other elements of the required calculations of the tapping fee.
If any sentence, clause, section or part of this part is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this part. It is hereby declared as the intent of the Board of Supervisors of Spring Township that this part would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.