[Adopted 8-5-2002 by Ord. No. 99]
[Amended 7-7-2008 by Ord. No. 118]
Hamilton Township has determined that certain
fees as allowed by the Second Class Township Code [53 P.S. § 67502(a)]
and the Municipal Planning Code as amended by Act 209 of 1990 [53
P.S. § 10507-A(a)] are properly imposed in order to recover
certain capital costs incurred in the construction of the sewer system
and wastewater treatment plant serving the Route 94 sewer system and
in order to recover certain costs associated with the connection of
additional users to the sewer system in order to avoid the creation
of an unreasonable and inequitable economic burden on the Township
and the initial users of the sewer system. It is therefore deemed
to be in the public interest of the Township, the initial users of
the Route 94 sewer system and the future users of the Route 94 sewer
system that all improved properties hereafter connected to the sewer
system pay certain fees as provided in the above-cited acts, as set
forth in this article. The purpose of this article is to provide for
the imposition and collection of such fees.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
The fee collected to recover the cost of connection to the
sewer system and based on the cost of construction of the connection
extending from the Township's sewer main to the property line of the
improved property or to the curb stop of such property, as set forth
in the Pennsylvania Municipality Authorities Act, 53 Pa.C.S.A. § 5607(d)(24)(A),
as amended.
[Amended 7-7-2008 by Ord. No. 118]
A person who, prior to, upon or after the effective date
hereof, has contracted or contracts for and/or is receiving or shall
receive sewer service for a consumer unit, with respect to the sewer
system.
A building under one roof and occupied by one
family or business; or
A combination of buildings in one enclosure
or group and occupied by one family or business; or
One side of a double building or house having
a solid vertical partition wall; or
Each room or group of rooms in a building occupied
or intended for occupancy as a separate business or as separate living
quarters by a family or other group of persons living together or
by a person living alone; or
Each apartment, office or suite of offices in
a building or house having several such apartments, offices or suite
of offices and using in common one or more hallways or more means
of entrance; or
Any trailer occupied by one family or business;
or
Any other unit or category whether or not listed
in the schedule of rates for use of the sewer system adopted by action
of this Township.
The fee collected for connection to the sewer system when
the Township constructs facilities on the customer's improved property,
as set forth in the Pennsylvania Municipality Authorities Act, 53
Pa.C.S.A. § 5607(d)(24)(B), as amended.
[Added 7-7-2008 by Ord. No. 118]
As set forth in § 103-98 of this article.
[Amended 7-7-2008 by Ord. No. 118]
Those consumer units which were not committed to for sewer
capacity by the Township prior to initial construction of the sewer
system but were granted sewer capacity commitment after initial construction
of the sewer system began.
Any property located within the Township's service area upon
which there is erected a structure or structures intended for continuous
or periodic habitation, occupancy or use by human beings or animals.
Those consumer units comprising 92 units which were committed
to for sewer capacity by the Township prior to initial construction
of the sewer system.
Any person having an interest, whether legal or equitable,
sole or partial, in any property.
Any individual, firm, partnership, company, association,
society, corporation, trust, governmental body or an agency, department
or political subdivision thereof or any other group or entity.
Any building, group of buildings, or land upon which buildings
may or may not be constructed which is or may be served by the Township.
The sewer distribution facilities, including all related
facilities constructed, installed or acquired by or for the Township,
including all property, real, personal and mixed, rights, powers,
licenses, easements, rights-of-way, privileges, franchises and other
property or interest in property of whatsoever nature used or useful
in connection with such facilities, and together with all additions,
extensions, alterations, improvements and betterments thereof or thereto
which may be made, installed or acquired from time to time, by or
for the Township and which shall be owned and operated by the Township.
The fee collected for connection to the sewer system, which
is calculated as set forth in the Pennsylvania Municipality Authorities
Act, 53 Pa.C.S.A. § 5607(d)(24)(C), as amended.
[Amended 7-7-2008 by Ord. No. 118]
Any person, not an owner, occupying any property.
A.
Application for service connection and sewer service,
for expansion, for change in consumer units, and for change in ownership.
No person shall commence to locate, install or connect any part of
the sewer service line, nor shall any person expand or add to the
existing sewer service, nor shall any person change the number of
or type of consumer units, nor shall there be a change in ownership
of the property, that is to be or is supplied from the sewer system
owned by this Township, without first making application for the said
service or change or service, or change of ownership on the application
form provided by the Township, having a preapproval site inspection
by Township personnel, making payment in full of the various fees
set forth in this article then in effect, and having received an approved
copy of the application supplied by Township personnel.
(1)
Application fee schedule.
(a)
For new service connections and sewer service:
the sum of the tapping fee, connection fee, and any tapping fee charged
by Berwick Township plus any additional expenses incurred by the Township
which are legally authorized at the current rates and prices then
in effect.
(b)
For filing change in ownership and/or change
of address and/or change of telephone number: any processing fee established
by the Township.
B.
Deposits. The Township may require a deposit with
the application for sewer service of an amount equal to the minimum
charge for the type of service proposed to be rendered for one year.
The deposit, if required, shall be refunded upon payment without default
of all charges for four consecutive quarters.
C.
Contract. An application for connection to the sewer
system and issuance of a permit therefor shall constitute a contract
for purposes of this article. The contract shall be in the nature
of a covenant running with the land, and each successive owner or
occupant of such improved property shall be deemed as a party to such
contract without further notice or action by the Township.
[Added 7-7-2008 by Ord. No. 118]
[Amended 7-7-2008 by Ord. No. 118]
A.
Connection fees, tapping fees and customer facilities
fees are imposed as set forth in this section. Tapping fees, connection
fees and customer facilities fees shall be calculated as set forth
in the Pennsylvania Municipality Authorities Act, 53 Pa.C.S.A. § 5607(d)(24).
B.
Tapping fee.
(1)
A tapping fee is hereby authorized and imposed against
any improved property and against the owner of such improved property
whenever such owner shall connect such property to the sewer system
or whenever the use of the improved property changes such that the
number of equivalent dwelling units (EDUs) present on such property
increases.
(2)
Tapping fees are imposed and payable for each separate
use to be made on or within any improved property. Tapping fees shall
be imposed based on the number of EDUs present or to be constructed
on the improved property, whether domestic, commercial or industrial.
(3)
In the case of an improved property that is already
connected to the sewer system, any change, expansion or addition resulting
in an increase in the volume of sewage discharged shall be permitted
only upon payment of the tapping fee for the additional EDUs of flow.
C.
The connection fee and customer facilities fee may
each be a fixed fee based on the average cost of connection or construction
as established by the Township from time to time. In cases where the
cost of connection or construction is significantly different than
the fixed fee, the Township may charge a connection fee or customer
facilities fee based on the actual cost of connection, which may include
inspection and other related costs. The establishment of a customer
facilities fee shall not be deemed to be a commitment by the Township
to construct any sewage facilities on any private property.
D.
Due date and collection.
(1)
The tapping fee and connection fee (if a fixed connection
fee is imposed), together with any other fees imposed with respect
to any improved property to be connected to the sewer system, shall
be due and payable at the time of filing of the application to connect
such property or consumer unit to the sewer system. In the case that
a connection fee or customer facilities fee based on the actual cost
of construction is to be imposed, such fees shall be due and payable
at the time application for an occupancy permit is made, and no occupancy
permit shall issue until such fees are paid.
(2)
Payment of a tapping fee shall be a long-term reservation of sewage conveyance and treatment capacity for the EDUs and the improved property for which the tapping fee is paid. A tapping fee may be paid in lieu of a sewage capacity reservation fee set forth in § 103-99 of this article. The sewage capacity reserved by a tapping fee shall not be transferable to another improved property, but shall transfer to each new owner of the property for which the tapping fee was paid, upon submission of the form required by § 103-90 of this article.
(3)
Tapping fees shall be paid in full and may not be secured by bonds, notes or the like. If an owner or developer wishes to reserve sewage conveyance and treatment capacity for future use and does not wish to apply for a connection permit and pay the full tapping fee, such person may reserve capacity by means of a sewage capacity reservation agreement as set forth in §§ 103-99 and 103-100 of this article.
(4)
In the case that a tapping fee is paid, but no building
permit is issued, the capacity reserved by the tapping fee shall expire
four years after payment of the tapping fee unless the owner notifies
the Township, in writing, prior to the expiration date that he wishes
to extend the period of reservation. The period of capacity reservation
may be so extended for one additional period of one year. Upon expiration
of the reservation period, the connection permit shall expire and
the reservation shall cease to exist. The tapping fee shall not be
refunded and shall be considered to have been a capacity reservation
fee for the period of reservation. After the expiration date, a new
connection permit and a new tapping fee will be required to connect
the improved property to the sewer system.
E.
Enforcement. The connection fees, tapping fees, or
any other fee imposed by this Township 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, which lien shall be filed
in the office of the Prothonotary of Adams County, Pennsylvania, and
shall be collected in the manner provided by law for the filing and
collection of municipal claims. In addition, the payment of said fees
imposed hereunder may be enforced by this Township in any manner appropriate
under existing laws at the time they become due and payable.
A.
Cost of extension.
(1)
When application has been received for sewer service
requiring an extension of the sewer main to provide such service,
or where application has been received for extension of mains into
a newly developed tract of land, the applicant must pay to the Township,
prior to commencement of work, a sum equal to and covering the entire
estimated cost of installing the necessary pipe lines and appurtenances
other than service connections, and including, but not limited to,
engineering and legal fees as determined by the Township. If the actual
cost of installing the necessary pipe lines and appurtenances, other
than service connections, is greater than the estimated cost, this
difference shall be paid by the applicant before service shall be
rendered. Should the estimated cost of said pipe lines and appurtenances,
other than service connections, and including, but not limited to
engineering and legal fees, be greater than the actual cost, this
difference shall be returned to the consumer.
(2)
At the Township's discretion, the Township may require
the subdivider to install the sewer main extension, service connections
and related facilities. Where this option is specified by the Township,
the subdivider shall post financial security in the amount and in
a manner set forth in the Authorities Act to cover the construction
through municipal sponsorship in the event of default or bankruptcy
of the subdivider. The standards for construction and materials shall
be established by the Township and its engineer, and arrangements
satisfactory to the Township shall be made to assure construction
in compliance with such standards.
(3)
Upon completion, the subdivider shall transfer the
title to the installed improvements to the Township. The subdivider
shall establish a separate escrow account for payment of legal, engineering
and administrative fees associated with sewer supply to the subdivider
or land development. The escrow account shall be adequately funded
to cover costs prior to the incurring of such costs.
B.
Extension rules. On private property, extensions will
only be allowed after right-of-way has been granted to the Township.
For newly developed land or other than private property, extensions
will only be allowed where there has been a dedication of streets
and ways and where all plot plans have been previously approved in
accordance with law. All extensions shall conform to the specifications
of the Township. The Township shall approve all sewer supply design
and shall require inclusion of reasonable easements of convenience
in subdivision plans prior to approval of sewer service to subdivisions
and land developments.
C.
Size of mains. The Township shall determine the size
of the mains to be installed.
D.
Length of extension. In determining the length and
necessity for any extension requested pursuant hereto, the terminal
point of such extension shall, in all cases, be at the farthest extremity
of the most distant lot to be served.
E.
Availability of funds. Extension of mains at the Township's
discretion are subject to the availability of funds.
F.
Fees and charges. In addition to the costs of construction
herein provided, all consumers requesting sewer service are required
to pay the applicable fees, rates and charges in accordance with the
Schedule of Rates at the current rates and prices then in effect.
G.
Precedents. The granting of a particular application
or exception to these rules and regulations shall not operate as a
precedent in any other case. The Township may by special action grant
an exception or exceptions to any rules, regulation or charge.
A.
Vacating the premises. When the premises are vacated,
the consumer must give notice to the Township so that sewer may be
turned off, and he will be responsible for the payment of the applicable
sewer rates, including the minimum billing charge during such time
of shutoff.
B.
All contracts for sewer service shall continue in
force until a succeeding property owner transfers, by application,
the sewer service to his name, or until the Township shall terminate
the sewer service, by giving 10 days' written notice to the consumer
and the property owner that the sewer service shall terminate as of
the last day of the month succeeding date of notice. For any sewer
service beginning or ending during a quarterly billing period, the
applicable sewer rates then in effect shall apply, except that no
billing shall be in an amount less than the minimum charge then in
effect, and the minimum charge will be continuous at all times.
C.
Turning off sewer.
(1)
The Township reserves the right at all times after
due notice to cut off the sewer and to charge the applicable cutoff
charge and to continue the minimum quarterly billing charge in accordance
with the Schedule of Rates then in effect for any of the following
reasons:
(a)
Nonpayment of sewer bills or any charges against
the property.
(b)
Misrepresentation in application as to property
or fixtures to be supplied or the use to be made of the sewer supply.
(c)
Use of sewer for any other property or purpose
than that described in the application.
(d)
Failure to maintain in good order, connection,
service lines of fixtures or beyond the curb and owned by the applicant.
(e)
Molesting any service pipe, meter, curb stop
or seal, or any appliance of the Township.
(f)
In case of vacancy of the property.
(g)
Violation of any rules of the Township.
(2)
The Township shall have the right to cut off the sewer
without notice in case of breakdowns, or for other unfavorable causes,
or for purposes of making necessary repairs, connections, etc. Reasonable
notice will be given when practicable. In no case shall the Township
be liable for any damage or inconvenience suffered.
D.
Permanent
disconnection.
[Added 5-2-2016 by Ord.
No. 136]
(1)
Whenever an improved property is permanently vacated by demolition of the improvements thereon, and the owner determines that no new improvements will be constructed, sewer service may be permanently disconnected upon notice from the owner to the Township of such condition and intent to disconnect the sewer. Until such time as such notice shall be given and the connection severed as provided below, the improved property shall remain subject to sewer rental charges as provided in Article VIII of these regulations.
(2)
To
permanently disconnect an improved property from the sewer system,
the connection point shall be permanently capped, plugged, or closed
by a method chosen by the Township upon consultation with the Township
Engineer. The Township will perform the disconnection upon agreement
of the owner to pay the costs thereof and payment to the Township
of a deposit of at least 110% of the estimated cost of the disconnection.
The owner shall be billed for any costs in excess of the deposit,
and any excess deposit shall be returned to the owner upon completion
of the work. Upon completion of the disconnection by the Township
and payment of the fee by the owner, the improved property shall be
exempt from future sewer rental charges.
(3)
All
outstanding sewer rental or other fees and charges related to the
improved property shall be paid before the disconnection can be approved
by the Township. Tapping fees, connection fees and customer facilities
fees paid by the owner or any prior owner related to the sewer connection
being disconnected shall not be refunded on disconnection.
(4)
In the case that a property that has been disconnected as provided above is subsequently improved and reconnected to the sewer system as provided in Article IX of these regulations, all fees and costs as provided herein, including but not limited to tapping fees, connection fees and customer facilities fees, are applicable.
A.
Bills for consumer units for sewer service supplied
shall be rendered on or about the last week of March, June, September
and December of each year, or as soon thereafter as is possible, and
shall represent the amount due for sewer service rendered. Township
shall have the discretion to alter the billing schedule from time
to time as deemed practical.
B.
Responsibility of property owner. Total responsibility
for correct billing name, address and telephone number for sewer service
to all consumer units, for private fire protection service and building
construction, and for any additional charges then in effect shall
be in the name of, and the obligation of, the property owner. In the
event of failure to pay any charge due the Township by a property
owner, service will be discontinued and will not be resumed until
all previous charges and fees have been paid, in accordance with the
Township's established procedure for discontinuance and reestablishment
of sewer service.
C.
Failure to receive a bill for sewer service shall
not be considered an excuse for nonpayment, nor shall such failure
result in an extension of the period of time during which such bill
shall be payable without penalty.
E.
No abatement of any sewer bill shall be allowed unless
incorrectly billed by the Township.
This article shall become effective upon adoption
and shall apply to the entire Route 94 Sewer System owned and/or operated
by this Township.
