[Adopted 10-24-1995 by Ord. No. 95-7]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
The Board of Supervisors of the Township of Hanover, Northampton
County, Pennsylvania.
The sewer extension from the sewage drainage system of any
improved property, including any grinder pump or related apparatus,
to the lateral serving such improved property.
Any room, group of rooms, building or enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use in the operation of a business enterprise for the sale and distribution
of any product, commodity, article or service.
The Commonwealth of Pennsylvania.
The ordinance enacted by this Township, inter alia, requiring
all owners of improved property located in the sewered area, and which
is adjoining and adjacent to a sewer, to connect to such sewer and
use the same in such manner as this Township may ordain.[1]
Normal water-carried household and toilet wastes discharged
from any improved property.
Any room, group of rooms, house trailer, apartment, condominium,
cooperative or other enclosure connected, directly or indirectly,
to the sewer system and occupied or intended for occupancy as living
quarters by an individual, a single family or other discrete group
of persons, excluding institutional dormitories.
The unit of measure by which a tapping fee shall be imposed
upon each improved property, as determined in this article or in any
subsequent ordinance, resolution or regulation of the Township, which
shall be deemed to constitute the estimated, equivalent amount of
domestic sanitary sewage discharged by a single-family dwelling unit.
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or any use by human
beings or animals and from which structure domestic sanitary sewage
and/or industrial wastes shall be or may be discharged, which is located
within the sewered area and is subject to the Connection Ordinance
and/or this article.
Any improved property used or intended for use, wholly or
in part, for the manufacturing, processing, cleaning, laundering or
assembling of any product, commodity or article, or any other improved
property from which wastes, in addition to or other than domestic
sanitary sewage, shall or may be discharged.
Any and all wastes discharged from any industrial establishment,
and/or any wastewater having characteristics which may have the potential
to be detrimental to the sewer system, in the opinion of the Board,
other than domestic sanitary sewage.
That part of the sewer system extending from a sewer to the
curbline or, if there is no curbline, to the property line; or, if
no such extension is provided, then "lateral" shall mean that portion
of, or place in, a sewer that is provided for connection of any building
sewer.
Any person vested with title, legal or equitable, sole or
partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, including municipalities,
municipality authorities, school districts and other units of government.
Any pipe or conduit constituting a part of the sewer system
used or usable for collection of domestic sanitary sewage and/or industrial
wastes.
The area of the Township served and to be served by the sewer
system as determined and designated, from time to time, by the Board
of the Township.
All facilities, at any particular time, acquired, leased,
constructed, operated, and/or owned by the Township for collecting,
pumping, transporting, treating and/or disposing of domestic sanitary
sewage and/or industrial wastes from the sewered area, including but
not limited to the central system and the village view system.
Includes any street, road, lane, court, cul-de-sac, alley,
public way or public square, including such streets as are dedicated
to public use, and such streets as are owned by private persons.
The Township of Hanover, Northampton County, Pennsylvania,
a political subdivision of the commonwealth, acting by and through
its Board or, in appropriate cases, acting by and through its authorized
representatives.
Any person who contributes, causes or permits the contribution
of wastewater into the sewer system.
The rental or charge imposed by the Township hereunder, as
amended from time to time, against the owner of each improved property,
for the use or availability for use of the sewer system.
No person shall connect any improved property
with any part of the sewer system without first making application
for and securing a permit, in writing, from the Township. Such application
shall be made on a form to be provided by the Township and shall be
submitted in the manner described in the Connection Ordinance.[1]
[Amneded 6-21-2005 by Ord. No. 05-06[1]]
A.
Tapping fee.
(1)
A tapping fee is hereby imposed and shall be charged
against the owner of any improved property (other than such owners
who are subject to contractual or special agreements providing for
payment of certain sums in lieu of a tapping fee) whenever the owner
hereafter shall connect or be required to connect such improved property
with the sewer system. The residential tapping fee hereby imposed
shall be the product of $1,255.73 multiplied by the number of equivalent
dwelling units (households) applicable to the improved property. The
nonresidential tapping fee hereby imposed shall be the product of
$5.39 multiplied by the hydraulic loading of the improved property
based upon the annual average daily flow. Nonresidential applicants
shall estimate their sewage flows on the basis of annual average daily
flows and shall provide that estimate as part of their application
to the Township. If it is determined, after connection and use of
the system, that this flow estimate is less than the flow generated
by the customer, the Township has the right to assess the tapping
fee increase that would be due based upon that higher flow rate. The
tapping fee used for that calculation shall be that tapping fee that
is current at the time of assessment. The fee components included
in such tapping fee, calculated pursuant to Acts 203 and 209 of 1990,
and Act 57 of 2003, are separately forth in Exhibit A[2] attached hereto and made a part hereof. This Township
reserves the right to revise and substitute, from time to time, Exhibit
A and the tapping fee computed, by resolution of the Board, which
shall be available for public inspection to reflect appropriate amendments
to the cost components, design capacity or other elements of the required
calculation of the tapping fee. Such amendments shall be deemed to
revise the tapping fee of this Township set forth herein, and shall
be, shall become and shall be construed as part of this article, and
be applicable to those persons who subsequently connect to the sewer
system.
[2]
Editor's Note: Exhibit A is on file in the
Township offices.
(2)
The tapping fees established by Hanover Township,
Northampton County, do not substitute for tapping fees that may be
due to other municipalities or authorities by way of intermunicipal
capacity agreements. The applicant shall be responsible for payment
of applicable tapping fees to those municipalities and/or authorities
prior to receiving a permit from Hanover Township, Northampton County.
B.
Connection fee.
(1)
The Township also hereby imposes a connection fee,
in accordance with Acts 203 and 209 of 1990 and Act 57 of 2003, in
an amount not to exceed the applicable sum set forth in Exhibit A,
as amended from time to time, against those owners of any improved
property or other property for the lateral from the Township's main
to the property line or curb stop of such property. Such connection
fee shall be:
|
Connection Fee
| ||
|---|---|---|
|
Type
|
Fee
| |
|
For laterals installed by the property owner,
each
|
$397.50
| |
|
For laterals installed by the Township as part
of a Township sewer extension project
|
$1,660.00
| |
(2)
The Township reserves the right to revise and substitute,
from time to time, Exhibit A[3] and the connection fee therein computed, by resolution
of the Board, which shall be available for public inspection to reflect
appropriate amendments to cost components and other elements of required
calculation for a connection fee. Such amendments shall be deemed
to revise the connection fee of this Township set forth, and shall
be, shall become and shall be construed as part of this article, and
be applicable to those persons who subsequently connect to the sewer
system.
[3]
Editor's Note: Exhibit A is on file in the
Township offices.
C.
Customer facilities fee.
(1)
The Township also hereby approves a customer facilities
fee, in accordance with Acts 203 and 209 of 1990 and Act 57 of 2003
in an amount not to exceed the applicable sum set forth in Exhibit
A, as amended from time to time, against those owners of any improved
property or other property for the lateral from the Township's main
to the property line or curb steps of such property. Such customer
facilities fee shall be:
|
Customer Facilities Fee
| ||
|---|---|---|
|
Type
|
Fee
| |
|
Customer facilities fee, each
|
$330.00
| |
(2)
The Township reserves the right to revise and substitute,
from time to time, Exhibit A[4] and the customer facilities fee therein computed, by resolution
of the Board, which shall be available for public inspection to reflect
appropriate amendments to cost components and other elements of required
calculation for a customer facilities fee. Such amendments shall be
deemed to revise the customer facilities fee of this Township set
forth, and shall be, shall become and shall be construed as part of
this article, and be applicable to those persons who subsequently
connect to the sewer system.
[4]
Editor's Note: Exhibit A is on file in the
Township offices.
[1]
Editor's Note: This ordinance provided for
an effective date of 6-30-2005.
If any owner of improved property connected to the sewer system shall alter or expand the use of such improved property such that a larger number of equivalent dwelling units shall be applicable to such improved property, such owner must apply for a permit in accordance with the provisions of § 140-12 of this article, and an additional tapping fee in the applicable amount multiplied by the difference between the number of equivalent dwelling units applicable to such improved property prior to such alteration or expansion and the number of equivalent dwelling units to be applicable thereto immediately thereafter. Such additional tapping fee shall be due and payable at the time application is made for such permit.
All tapping fees and connection fees shall be payable to the Secretary-Treasurer of this Township, or to such other officer or agent of this Township as shall be authorized from time to time by resolution of the Board of this Township to accept payment thereof. Payment of the tapping fee and connection fee shall be made not later than the time application is made for the connection permit described in § 140-12 hereof and in the Connection Ordinance.[1]
Payment of tapping fees and connection fees
imposed under this article shall be established and enforced by this
Township by resolution or such other manner as may be appropriate
under laws at the time in effect.
Nothing herein contained shall be deemed to
prohibit this Township from entering into separate or special agreements
with the owner of any property with respect to the tapping fees to
be imposed in those cases where such owner shall agree to make a capital
contribution toward the cost of constructing or improving the sewer
system, or shall agree to construct any facilities, at such owner's
cost and expense, thereafter to become part of the sewer system owned
and operated by this Township, where, due to special or unusual circumstances,
the tapping fee set forth herein shall be deemed by this Township,
in its sole discretion, to be inequitable, or where it is in the best
interests of this Township to do so.
The Township shall have the right of access,
at all reasonable times, to any part of any improved property as necessary
for purposes of inspection, observation, measurement, sampling and
testing and for performance of other functions relating to service
rendered by the Township.
The owner of any improved property, upon direction
of the Township, shall acquire and install, at such owner's cost and
expense, a grinder pump or other apparatus satisfactory to the Township
in the manner and at the location approved by the Township. Such grinder
pump or other apparatus shall be installed at the time such improved
property is connected to the sewer system and shall be subject to
Township inspection and approval together with the remainder of the
building sewer, maintenance, repair and replacement of such grinder
pump or the apparatus shall be and remain the sole responsibility
of the owner of the improved property.
The owner of any improved property shall be
held liable for all acts of tenants or other occupants of such improved
property, as may be permitted by law, insofar as such acts shall be
governed by the provisions of this article.
The Township shall adopt, from time to time,
such additional rules and regulations as it shall deem necessary and
proper in connection with the use and operation of the sewer system,
which rules and regulations shall be shall become and shall be construed
as part of this article.
It is declared that enactment of this article
is necessary for the protection, benefit and preservation of health,
safety and welfare of the inhabitants of this Township.
Any person or owner violating any of the provisions
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall, in addition to
the fees required to be paid under this article, be punishable by
a fine of not less than $100 nor more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
