[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:
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.
Middletown Borough Municipal Authority.
The Borough of Middletown, Dauphin County, Pennsylvania.
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.
A property which is intended to be used for continuous or
periodic habitation by human beings in a single family unit.
Equivalent domestic unit, which is equivalent to the flow
of 250 gallons per day.
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.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
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.
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]
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.Â
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)Â
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)Â
The Borough Council shall establish a fee schedule for sewer tapping
fees by a properly approved resolution of the Borough Council.
B.Â
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.Â
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.
