[Adopted 9-23-1993 by Ord. No. 93-8]
From and after the effective date of this article, there shall be charged the hereinafter enumerated fees for each equivalent dwelling unit (EDU) as hereinafter determined whenever the owner of any property or his or her designated agent, connects such property with the Borough's sanitary sewer systems, or whenever said owner adds to or modifies property then already connected to one or both systems in such a manner as to increase the EDUs as hereinafter determined. The enumerated fees shall include:
A. 
Connection fee. A charge to reimburse the Borough for the cost of the sewer or waterline between the main in the street and the property line. This cost shall be based upon actual cost or average cost of previous similar connections. This fee shall include all road openings and restoration, as well as permit fees and engineering fees in connection therewith.
(1) 
Prior to any work schedule being set for a new connection, or connections, to either the Borough's water or sewer systems, or both, the property owner or his designated agent shall:
(a) 
Complete a written application requesting connection, or connections, on forms supplied by the Borough.
(b) 
Read and execute an agreement with the Borough on forms supplied by Borough agreeing to pay to Borough all actual costs related to said connection or connections.
(c) 
Pay in advance for water and sewer connections the following charge for each equivalent dwelling unit (EDU) as hereinafter defined.[1]
[1] 
A fee as set from time to time by resolution of the Borough Council per EDU as hereinafter defined for each new water service connection or for an addition to or modification of a property then connected to the water system so as to increase the equivalent dwelling units as hereinafter defined.
[2] 
A fee as set from time to time by resolution of the Borough Council per EDU as hereinafter defined for each new sewer service connection or for an addition to or modification of a property then connected to the sewer system so as to increase the equivalent dwelling units as hereinafter defined.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The advance payments referred to in Subsection A(1)(c) above shall in no instance be construed as being full payment. Property owner, or his designated agent, shall be responsible for all actual costs related to affect water or sewer connections, or both, between Borough mains and the established curbline of said property.
(3) 
The property owner, or his designated agent, shall receive a final cost bill to be computed from the particular job sheet as filed by the Borough's Sewer or Water Department, a copy of which will be noted in the final cost bill.
(4) 
In the event that the balance due the Borough is not paid in full within 15 days of the date of said final cost bill, said services may be made ineffective by either shutting off the water supply and/or physically disconnecting the sewer service. In either event, these additional costs plus 10%, shall be added to an adjusted final cost bill, which must be paid in full before restoration of services.
(5) 
It is the purpose of these aforementioned and required connection fees to insure the Borough of receiving full actual costs of reserves the right, in certain circumstances, to adjust or waive said required connection fees where the imposition of same would not be warranted. For example, if a property owner has entered a construction agreement with the Borough to develop a tract of land and is undertaking the construction of an on-site water or sewer collection system, or both, at his own expense, then there may be no need for connection fees as hereinbefore set forth since there would be no actual costs to the Borough.
B. 
Customer facilities fee. A charge to reimburse the Borough for the cost of line or service, or both, for the cost of facilities servicing the connected property from the property line or curb stop to the proposed dwelling or building to be served. Charge shall be based on actual costs incurred. The Borough may require the owner to install these facilities in lieu of this fee. Fee shall include the cost of providing a water meter or meters. Billing procedure shall be the same as for connection fees in Subsection A above.
C. 
Tapping fee. A charge which includes the following components: capacity, distribution and collections, special purpose and reimbursement, to be charged for use of the sanitary sewer and water systems of the Borough that shall be in addition to any charges assessed against the property in the construction of sewer and water mains, as well as other user charges or rates charged for rental and use of the water and or sanitary sewer system itself.
(1) 
The tapping fee for sanitary sewer service shall be a fee as set by resolution of the Borough Council per EDU as hereinafter defined.
[Amended 11-8-2007[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The tapping fee for water service shall be a fee as set by resolution of the Borough Council per EDU as hereinafter defined.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
The aforementioned tapping fees, as well as any fees set forth in this article, may be altered, or changed, by Borough Council from time to time as circumstances may warrant by appropriate resolution of Council.
(4) 
The aforestated tapping fees are determined and established by studies done by the Borough Engineer, Cowan Associates, Inc., entitled Sanitary Sewer Collection System Tapping Fee Report, September 9, 1993. Copies of said reports detailing itemization of all calculations showing the manner in which the fees were determined are available for public inspection at the Borough Hall.
(5) 
Said tapping fees shall be payable at the time of application for connection to the systems or at such other time as the property owner and Borough may otherwise agree in writing.
A. 
"Equivalent dwelling unit" shall mean any room, group of rooms, mobile home or other enclosure occupied or intended for occupancy as separate living quarters by a family or group of persons living together or by persons living alone. Each dwelling unit in a double house, townhouse, or connecting houses, in a trailer park or in an apartment, will be charged as a separate entity or unit.
B. 
Each church, chapel or fire house shall constitute one equivalent dwelling unit. Each school (public or private) shall constitute one equivalent dwelling unit for each unit of 20 pupils expected to be enrolled and occupying said school. Teachers and employees shall be classified as pupils for this purpose of calculation.
C. 
For any nonresidential improved property which is intended to be connected to and served by the Borough System, the number of equivalent dwelling units for which such property shall be charged shall be in accordance with the following schedule, with each 300 gallons per day of estimated water usage equal to one equivalent dwelling unit:
[Amended 8-13-1998 by Ord. No. 98-11[1]]
Table of Equivalent Dwelling Units
The minimum number shall be 1.0 EDU.
(Any computation resulting in a fractional number of EDUs shall be rounded to the next higher whole number of EDUs.)
Type of Establishment
Number of EDUs Assigned
Barber shop alone
1 EDU per barber shop
Barber shop in home
1.5 EDUs for both
Beauty shop in home
1.5 EDUs for one chair and house
Beauty shop
1 EDU plus 1/2 EDU per chair
Bed-and-breakfast
0.20 EDU per rental room
Car wash
2 EDUs per bay
Dentist office
1 EDU per dentist office with water-saving devices
2 EDUs per dentist without water-saving devices
Department store without food services
1 EDU per department store with no public facilities
3 EDUs per department store with public facilities
Drugstore without food services
1 EDU per drugstore
Fast food establishment
0.035 EDUs per day per seat
Hospital
0.50 EDU per person per day
Industrial plant
1 EDU per 14 employees
Laundromat
0.30 EDU per day per person per washer
Medical center
0.25 EDU per exam room with minimum 1 EDU/building
Motel or hotel
0.25 EDU per day per room
Nursing home
1/3 EDU per bed
Office building
1 EDU per 20 employees
Physician's office
1 EDU per physician's office for each examination room; add 0.25 EDU per examination room
Prison
1/3 EDU per prisoner
Restaurant
0.2 EDU per day per seat
Rooming house
1/3 EDU per room
Service station
1 EDU per service station
School or day-care center
1 EDU per 20 students or employees
Summer camp
1 EDU per 10 persons
Swimming pool with snack bar
1 EDU per 35 persons
Tavern
0.03 EDU per day per seat
Theater
1 EDU per theater
Trailer camps
0.50 EDU per unit per day
Other establishments
500 gallons per day
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
In the case of a combination of uses, each use shall be adjusted according to the applicable portion of the foregoing schedule. Secondary uses in residential buildings shall be adjusted as separate uses and be rated accordingly.
E. 
If the owner or user of any property fails to provide the Borough with complete information, in writing, required to compute the aforementioned charge, the Borough may estimate a reasonable applicable charge for such property.
A. 
No capacity of the Borough sewer or water systems, or both to accommodate any new connections to it, shall be reserved by the Borough unless and until such time as the enumerated fees set forth herein, or a reasonable estimate of them, has been paid to the Borough or secured by other financial security satisfactory to Borough.
B. 
By resolution or ordinance, Borough Council may, from time to time, change or amend the amounts of the enumerated fees charged under the terms of this article. The amounts of such fees shall continue to be determined in accordance with the guidelines set forth in ACT 203 and 209 of 1990, as they may be amended.[1]
[1]
Editor's Note: Act 1990-203 amended the Municipalities Authorities Act of 1945, which was repealed and replaced in 2001; see now 53 Pa.C.S.A. § 5607(d)(24). Act 1990-209 is codified at 53 P.S. § 10507-A.
C. 
All charges imposed under the terms of this article that remain unpaid shall become municipal liens and be subject to being liened against the property owners in the manner and form as provided by law.
D. 
The proper officials of the Borough are authorized and directed to do, or cause to be done, all things and to take all action necessary to enforce collection of the sewer and water service charges established and imposed hereby and otherwise to carry out the provisions and intent of this article.
This article and its provisions shall become effective immediately upon its adoption and enactment and shall be applicable to all properties which thereafter apply for either sewerage or water service, or both, from the Borough.
If any of the provisions, sections, sentences, clauses or parts of this article or the application of any provision hereof shall be held invalid, such invalidity shall not affect or impair any of the Borough that such remainder shall be and remain in full force and effect. The charges required and imposed under this article are in addition to any sewer or water rental rates or other charges or fees required by other pending and effective ordinances of the Borough of Jim Thorpe; any ordinances or resolutions of the Borough inconsistent with the provisions of this article are hereby repealed and of no effect.