[Adopted 11-11-2002 by Ord. No. 2002-12]
[1]
Editor's Note: The Beishline Development Area Sewer District was merged with the Central (Original) Sewer District 3-2-2015 by Ord. No. 2015-1. See Art. XV of this chapter for an enumeration of the impacts of said merger on this article.
The Borough, by and pursuant to the authority granted to it by Acts 203 and 209 of 1990 (collectively the "Act"),[1] hereby implements certain charges of enumerated fees to property owners who desire to or are required to connect to the Borough's sewer system by virtue of Article IX, Beishline Development Sewer Connections, of this chapter. All fees shall be payable to the Borough or its agent, designee or assignee at the time of application for connection, or at such other times as the Borough may designate in its sole discretion.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq. and 53 P.S. § 10501-A.
The Borough hereby imposes a fee for the connection of any property to the sewer system of the Borough. The connection fee shall be an amount equal to the actual cost of the connection of the property extending from the Borough's primary collection line to the property line or right-of-way line of the property so connected, which line is otherwise known as the "lateral sewer," inclusive of all permits, bonds or other permitted charges. No application for sanitary sewage services shall be granted to any property owner until the property owner shall have posted with the Borough the connection fee imposed herein, or such amount as estimated by the Borough to represent the actual cost of connection as aforesaid. In the event the fee required prior to the granting of the application is an estimate, the balance shall be due and payable within 10 days after completion of the project, or, in the event of an overpayment, a refund shall be made within said ten-day period. In lieu of the payment of the fees, the Borough, in its sole discretion, may require the construction and dedication of those facilities by the property owner or owners requesting such connection. The current fees and regulations adopted and to be enforced hereunder shall be as set forth in Exhibit A, said exhibit being attached hereto and made a part hereof.[1] If the lateral sewer is constructed as part of the original project, or any authorized sewer extensions thereto, then this section is inapplicable.
[1]
Editor's Note: Exhibit A, Beishline Development Area Sewer District Connection Fee, is included at the end of this chapter.
In addition to the connection fee as aforesaid, there shall be imposed upon any property owner wishing to connect to the sewer system of the Borough a customer facilities fee. This fee shall represent the actual cost of facilities serving the connected property from the property line to the proposed dwelling or building to be served, which line is otherwise known as the "service line," in accordance with the requirements of Article IX, Beishline Development Sewer Connections, of this chapter. This fee shall be chargeable only in the event that the Borough, and not the property owner or owners, installs the customer facilities. The Borough hereby directs that, absent modification hereof by subsequent amendment to ordinance or regulation, the construction of the service line shall be by the property owner or owners requesting customer facilities, at their sole cost and expense. Accordingly, there shall be no customer facility fee hereunder, unless provided for by amendment to this article.
[Amended 9-19-2011 by Ord. No. 09-11]
The Borough hereby imposes a tapping fee in the amount as set from time to time by resolution of the Borough Council, determined as set forth on Exhibit B, which exhibit is attached hereto and made a part hereof by this reference.[1] This fee is determined utilizing all of portions of the following components:
A. 
Capacity part. This fee component is imposed for capacity-related facilities and may not exceed an amount based upon the cost of such facilities, including those that provide existing service. The cost of the existing facility shall be based upon their replacement cost or upon historical costs trended to current cost using published cost indexes. Outstanding debt on existing facilities shall be subtracted from the cost; provided, however, that no debt shall be subtracted which is attributable to facilities exclusively servicing new customers. In the case of facilities to be constructed or acquired, the cost of such facility shall not exceed their reasonable estimated cost, provided that any such facilities must be included in the duly adopted annual budget or five-year capital improvement plan, and the Borough must have taken action in furtherance of such facilities as provided by the Act.
B. 
Collection costs. The Borough shall also include as a component part of the tapping fee a fee not to exceed the cost of collection facilities required to provide said services. The costs shall be based upon replacement costs or historical costs trended to current cost using published cost indexes. Outstanding debt shall be subtracted from the cost, other than debt attributable to facilities exclusively servicing new customers. The cost of all facilities shall be further reduced by any grants or capital contributions which have financed such facilities.
C. 
Special purpose part. The Borough reserves the right to charge a fee for special purpose facilities attributable only to a particular group of customers or servicing only a particular purpose or area. These costs shall be determined on a case-by-case basis pursuant to the provisions of the Act.
[1]
Editor's Note: Exhibit B, Beishline Development Area Sewer District Maximum Tapping Fee Computation, is included at the end of this chapter.
Where the sewer system of the Borough is to be extended at the expense of the owner or owners of property, the property owner or owners shall have the right to construct the extension or install the facilities themselves, or through a subcontractor approved by the Borough, which approval shall not be unreasonably withheld, provided that the Borough shall have the right, at its sole option and discretion, to perform the construction itself only if the Borough provides the extension or customer facilities at a lower cost and within the same time table specified or proposed by the property owner or owners or his or their approved subcontractor. Construction by the property owner or owners shall be in accordance with an agreement for the extension of the Borough's system and plans and specifications approved by the Borough and shall be undertaken only pursuant to the existing ordinances, regulations, requirements, rules and standards of the Borough applicable to such construction and shall be further subject to inspection by an inspector authorized to approve such construction and employed by the Borough during construction. The property owner or owners may be required to deposit with the Borough, and in advance of construction, the Borough's estimated reasonable and necessary costs of reviewing plans, construction inspections, and administrative, legal and engineering services. The Borough shall require that construction shall not commence until the property owner has posted appropriate financial security and proof of comprehensive general liability insurance in an amount not less than $1,000,000, which shall include XCU coverage. The property owner shall reimburse the Borough for reasonable and necessary expenses incurred as a result of the extension. Upon completion of construction, the property owner or owners shall dedicate and the Borough shall accept the extension of the Borough's system, provided that the dedication of facilities and the installation comply with the plans, specifications and regulations of the Borough and the agreement.
Where a property owner constructs or causes to be constructed at his expense any extension of a sewer system of the Borough, the Borough shall provide for the reimbursement to the property owner when the owner of another property not in the development for which the extension was constructed connects a service line directly to the extension within 10 years of the date of dedication of such extension to the Borough in accordance with the following provisions:
A. 
Such reimbursement shall be equal to the collection part of each tapping fee collected as a result of subsequent connections. The Borough shall be entitled to deduct from each reimbursement payment an amount equal to 5%, which shall be deemed to represent the appropriate charge for administrative expenses and services rendered in calculating, collecting, monitoring and disbursing the reimbursement payments to the property owner entitled thereto.
B. 
Reimbursement shall be limited to those lines which have not previously been paid for by the Borough.
C. 
The Borough shall, in the preparation of the necessary reimbursement agreement with the property owner or owners for whose benefit reimbursement will be provided, attach as an exhibit an itemized listing of all sewer and water facilities for which reimbursement shall be provided.
D. 
The total reimbursement to which a property owner or owners shall be entitled shall not exceed the cost of all labor and material, engineering design charges, the cost of performance and maintenance bonds, Borough review and inspection charges, as well as flushing and video recording charges and any and all charges involved in the acceptance and dedication of such facilities by the Borough, less the amount which would be chargeable to such property owner based upon the Borough's collection of tapping fees, which would be applicable to all, and of the property owner served directly or indirectly through such extensions if the property owner did not fund the extension.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
The Borough shall be required to notify, by certified mail, to their last known address, the property owner or owners for whose benefit such reimbursement shall apply within 30 days of the Borough's receipt of any such reimbursement payment. In the event that the property owner or owners have not claimed a reimbursed payment within 120 days of the mailing of the notice, the payment shall revert to and become the sole property of the Borough, with no further obligation on the part of the Borough to refund the payment to the property owner or owners.
Whenever a sewer system or any part or extension thereof owned by the Borough has been constructed by the Borough at the expense of a private person or corporation or has been constructed by a private person or corporation under the supervision of the Borough at the expense of the private person or corporation, the Borough shall have the right to charge a tapping fee and refund said tapping fee or any part thereof to the person or corporation who has paid for the construction of said sewer system or any part or extension thereof.
The rates hereunder shall become effective on the earliest date permitted by law and shall be applicable to all properties as soon as they respectively become connected with and have the right to use the sewer system. The Borough reserves the right to make such changes from time to time as, in its opinion, may be desirable or beneficial and to amend this article by resolution or otherwise as provided by law or to change the rates or charges in such manner and at such time as, in its opinion, may be advisable.
It is hereby declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the Borough.
The Borough Council is authorized by proper resolution to adopt any necessary rules and regulations necessary to carry out the provisions of this article and/or its declaration of purposes.
[Amended 9-19-2011 by Ord. No. 09-11]
Any person violating the provisions of this article shall be punishable by a maximum fine of $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, imprisonment for a term not exceeding 30 days.