Borough of Middletown, PA
Dauphin County
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Table of Contents
Table of Contents
[Adopted 12-3-2001 by Ord. No. 1145, approved 12-3-2001]
Middletown Borough Council has determined, based upon a study and report prepared by its consulting engineer, that a substantial expenditure must be made for capital additions and improvements to the sewer system operated by Middletown Borough in order to provide service for future users of the sewer system, and has further determined that the cost of construction and financing of such capital additions and improvements would create an unreasonable and inequitable economic burden upon the Borough and the existing users of the sewer system. It is, therefore, deemed to be in the public interest of the Borough, the existing users of the sewer system, and future users, that all improved properties hereafter connected to the sewer system pay a tapping fee designed and calculated to create a capital reserve fund to provide the cost of construction and financing of such capital additions and improvements. The purpose of this article is to provide for the imposition and collection of such tapping fees.
When used in this article, the following words, terms and phrases shall have prescribed to them the meanings hereafter set forth:
APARTMENT or OFFICE USE
A building which is intended to be used for continuous or periodic habitation by human beings and containing two or more family dwelling units; or 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.
AUTHORITY
Middletown Borough Municipal Authority.
BOROUGH
The Borough of Middletown, Dauphin County, Pennsylvania.
COMMERCIAL USE
A property which 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.
DOMESTIC USE
A property which is intended to be used for continuous or periodic habitation by human beings in a single family unit.
EDU
Equivalent domestic unit, which is equivalent to the flow of 250 gallons per day.
IMPROVED PROPERTY
Any property located within Middletown Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL USE
A property located within Middletown Borough upon which 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.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Includes any individual, partnership, copartnership, firm, company, association, joint-stock company, trust, estate, government entity, and other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by context.
SCHEDULE OF FEES
The schedule of connection fees, customer facilities fees and tapping fees to be charged to sewer and water customers as established by the Borough Council, in accordance with the provisions of Act 203 of 1990.[1]
SEWER SYSTEM
The sanitary sewer collection system, including related and necessary facilities in addition to treatment and disposal facilities, for rendering sewage service in the Borough, together with any future additions, alterations, improvements, or extensions thereto.
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5607.
No person shall connect any improved property with any part of the sewer system owned by the Authority and leased to the Borough without first making application, securing a permit therefor in writing from this Borough, making payment of the connection fee, customer facilities fee, and tapping fee as set forth in the schedule of fees. Such application shall be made on a form to be provided by the Borough and shall be obtained from the office of the Code Enforcement Officer.
A. 
A tapping fee is hereby imposed against any improved property and against the owner of such improved property whenever the owner hereafter shall connect any such improved property with a sewer main constituting a portion of the sewer system owned by the Authority and leased to the Borough, for each EDU within, or the equivalent flow generated by, regardless of whether the sewer mains or extensions thereto are installed by the owner, developer or by this Borough. In the case of residential uses having multiple units or uses therein, a separate tapping fee shall be paid for each dwelling unit or apartment. In all other types of uses, a separate tapping fee shall be paid for each EDU or the equivalent flow generated by such use, based upon the total estimated average flow of sewage to be generated from such improved property. However, where the actual average daily flow discharged by such property during any quarterly billing period during the first year after substantial occupancy exceeds the estimated flow, the owner of such improved property shall be required to pay the additional tapping fees as determined from the actual flow records.
(1) 
In those cases where an improved property is already connected to the sewer system, and where there is an expansion of, addition to or a change in the use of such improved property which results in an increase in the volume of sanitary sewage discharged from such property, an additional tapping fee shall be paid for each additional EDU or the equivalent flow generated by such expansion, addition or change in use, based upon the additional estimated average daily flow of sewage to be generated by or discharged from such improved property. If, during any full quarterly billing period during the first year after substantial occupancy, the average daily flow exceeds said estimated average daily flow, the owner of such improved property shall be required to pay the additional tapping fees as determined from the actual flow records. In the case of domestic uses and apartment or office uses, an additional tapping fee shall be paid for each additional dwelling unit or apartment or each office or suite of offices added as a result of an expansion of, addition to, or a change in the use of such improved property.
(2) 
The Borough Council shall establish a fee schedule for sewer tapping fees by a properly approved resolution of the Borough Council.
B. 
A sewer connection fee is hereby imposed against any improved property and against the owner of such improved property whenever the owner hereafter shall connect any such improved property with a sewer main constituting a portion of the sewer system owned by the Authority and leased to the Borough. The Borough Council shall establish a fee schedule for sewer connection fees by a properly approved resolution of the Borough Council.
C. 
A sewer customer facilities fee is hereby imposed against any improved property and against the owner of such improved property whenever the owner hereafter shall connect any such improved property with a sewer main constituting a portion of the sewer system owned by the Authority and leased to the Borough. The Borough Council shall establish a fee schedule for sewer customer facilities fees by a properly approved resolution of the Borough Council.
Any fees imposed hereunder shall be due and payable at the time application is made by the owner of any improved property for a permit to connect such improved property with the sewer system.
The fees imposed by this article 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. Said lien shall be filed in the office of the Prothonotary of Dauphin County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal claims. In addition, the payment of said tapping fees imposed hereunder may be enforced by this Borough in any manner appropriate under existing laws at the time they become due and payable.
All revenues received by this Borough from the tapping fees imposed by this article shall be segregated by accounting practices from other revenues of the Borough received in connection with the operation of the sewer system and shall be credited to a capital reserve account. Said revenues shall be used for the purpose of construction and financing of such capital additions and improvements to the sewer system as may be required from time to time.