[HISTORY: Adopted by the Borough Council of the Borough of Kutztown
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-10-1991 by Ord. No. 10-1991]
A connection fee (hereinafter referred to as the "connection fee"),
as said term is described in Act No. 203 of 1990 of the Commonwealth of Pennsylvania,[1] which Act was enacted on December 19, 1990, and as authorized
by Section 507-A of Act No. 209 of 1990 of the Commonwealth of Pennsylvania,
enacted on December 19, 1990, is hereby imposed for any connection hereafter
made to the water distribution system of the Borough of Kutztown (hereinafter
referred to as the "water system") or to the sewer system of the Borough of
Kutztown (hereinafter referred to as the "sewer system").
[1]
Editor's Note: See 53 P.S. § 306.
The connection fee to either the water system or the sewer system shall
be in an amount equal to the actual costs incurred by the Borough of Kutztown
in making such connection. Such costs shall include, by way of illustration
and not limitation, all labor costs, equipment rental fees, reasonable equipment
use charges and cost of all materials utilized in such connection.
[Amended 6-15-2004 by Ord. No. 14-2004]
Each request for a connection to either the water system or the sewer
system shall be accompanied by a deposit. A request for connection to both
the water system and sewer system shall be accompanied by a deposit for each
connection. Each such deposit shall be held by the Borough of Kutztown in
a non-interest-bearing account and shall be utilized by the Borough of Kutztown
for payment of actual costs incurred in the making of such connection. Upon
completion of the connection and the payment of all costs related thereto,
the Borough of Kutztown shall return any remaining and unspent portion of
the deposit to the person who made the application for the connection and
paid the deposit. In the event that the actual costs of the connection exceed
the deposit, the additional costs shall be billed to the owner of the real
property serviced by the connection. No water service or sewer service shall
be provided to the real property to be serviced by such connection or conections
until such time as any such additional costs have been paid in full to the
Borough of Kutztown. The amount of the deposit shall be set from time to
time by resolution of the Borough Council.
[Amended 12-26-1995 by Ord. No. 12-1995]
In addition to the connection fees hereinabove provided for in § 218-3 of this article, a cost for facilities fee, as such term is defined by the aforesaid Act No. 203 of 1990[1] and authorized by the aforesaid Act No. 209, is hereby imposed
for the furnishing of a water meter and the installation of a water meter.
Such fee shall be in an amount equal to the greater of the cost of furnishing
such water meter and the installation thereof or the sum set from time to
time by resolution of the Borough Council.[2]
[Adopted 2-9-1993 by Ord. No. 3-1993;
amended in its entirety 6-21-2005 by Ord. No. 20-2005]
The following definitions shall be applicable to this article:
The calendar year 2005.
Shall equal the number of EDU's utilized by customer in the
calendar year 2005.
The owner of an improved property where a commercial activity only
is conducted.
The Borough of Kutztown, Berks County, Pennsylvania.
Any property upon which is erected any type of structure and/or improvements
intended for continuous or periodic use, occupancy or habitation by human
beings or animals; and/or
Any property to which water shall be supplied from the water system
and/or from which property sewage shall be transmitted to the sewer system.
The owner of an improved property where an industrial activity is
conducted.
Such person who owns an improved property.
Any individual, firm, partnership, company, association, society,
corporation, trust or governmental body or any agency, department or political
subdivision thereof or any other group or entity.
The unit of measure by which the sewer tapping fee shall be imposed
upon each improved property connected to the sewer system in constituting
the annual sewer usage by such improved property in any amount up to 224 gallons
per day and increments of up to 224 gallons per day thereafter.
The existing sewage collection, conveyance and treatment system,
sewage treatment plant, pumping station, manholes, lines and facilities of
the borough, together with all appurtenant facilities the borough currently
owns and operates and all future expansions thereof, 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 sewer facilities and all alterations,
extensions, additions and improvements thereof or thereto which may be made
or acquired from time to time by the borough. As used in this article, "sewage"
shall mean sanitary sewage and/or wastewater.
The unit of measure by which the water tapping fee shall be imposed
upon each improved property connected to the water system and constituting
an annual water usage of such improved property in any amount up to 162 gallons
per day and increments of up to 162 gallons per day thereafter.
The existing water system, wells, pumps, reservoirs, lines and facilities
of the borough, together with all appurtenant facilities the borough currently
owns and operates and all future expansions thereof, 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 water facilities and all alterations,
extensions, additions and improvements thereof or thereto which may be made
or acquired from time to time by the borough.
No person shall connect any improved property to or with any part of
the water system and/or sewer system without first making a written application
for and securing a permit from the borough. Application for connection to
the borough's water system and/or sewer system shall be made by the owner
of any such improved property in a form that indicates the amount of water
usage and/or sewage discharge requested and the type and use of the improved
property to be connected to the water system and/or sewer system. The form
of application shall be provided by the borough.
A tapping or tap-in fee (herein after referred to as the "sewer tapping fee"), as said term is described in Act Number 203 of 1990 of the Commonwealth of Pennsylvania (Application Works Act 203), "(which Act was enacted on December 19, 1990, as amended by Act 57 of 2003 of the Commonwealth of Pennsylvania) Act 57, "(which Act was enacted on December 30th, 2003, and as authorized by Section 507-A of the Pennsylvania Municipalities Planning Code, as enacted by Act Number 209 of 1990 of the Commonwealth of Pennsylvania on December 19th, 1990, is hereby imposed, in the amount set forth in § 218-8 of this article, against the owner of any improved property as to which the service point of connection for sewer service is located within the corporate boundary limits of the borough and which improved property is required to be connected to the sewer system pursuant to the term and provisions of the ordinances, codes and regulations of the borough then in effect requiring such connection.
The total dollar amount of the sewer tapping fee payable by the owner of an improved property regarding such improved property, as described in § 218-7 of this article, shall be the product of the sum of $3,676 and the number of equivalent dwelling units and fractions thereof made applicable to such improved property by § 218-11 of this article. (The minimum number of sewer equivalent dwelling units applicable to any improved property shall be one).
A tapping or tap-in fee (hereinafter referred to as the "water tapping fee") (the sewer tapping fee and the water tapping fee, herein after collectively the "tapping fees"), as said term is described in Act 203, as amended by Act 57 and as authorized by Section 507-A of the Pennsylvania Municipalities Planning Code, as enacted by Act 209 of 1990 of the Commonwealth of Pennsylvania on December 19th, 1990, is hereby imposed, in the amount set forth in § 218-10 of this article, against the owner of improved property as to which the service point of connection for water service is located within the corporate boundary limits of the borough at which improved property is required to be connected to the water system pursuant to the terms and provisions of the ordinances, codes and regulations of the Borough then in effect requiring such connection.
The total dollar amount of the water tapping fee payable by the owner of an improved property regarding such improved property, as described in § 218-9 of this article, shall be the product of the sum of $1,143 and the number of equivalent dwelling units and the fractions thereof made applicable to such improved property by § 218-11 of this article. (The minimum number of water equivalent dwelling units applicable to any improved property shall be one).
A.
The number of equivalent dwelling units (or fraction
thereof) applicable to any property, for purpose of the sewer tapping fee
and/or water tapping fee, shall be equal to one plus such additional equivalent
dwelling units (or fraction thereof) which shall be determined in the discretion
of the borough by any one of the following methods: Method 1: in accordance
with the EDU Schedule attached hereto, marked as Exhibit A and incorporated
herein by reference thereto;[1] Method 2: at the discretion of the borough, based upon the estimated
annual water usage and/or sewage discharge (calculated as number of gallons
per day) of an improved property; or Method 3: in accordance with actual metered
flow as hereinafter provided. For each improved property consisting of a single-family
residential attached or detached dwelling unit, notwithstanding the actual
or estimated amount of water consumed or sewage discharged by such improved
property, the equivalent dwelling units shall be one.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
B.
In the event that the owner of any improved property,
other than the owner of an apartment complex or a multifamily residential
structure, is required by the borough to pay a sewer tapping fee or water
tapping fee so determined, then such owner shall have the right to challenge
the amount of the tapping fees and thereafter have the tapping fees calculated
based upon the actual metered volume of water used at the owner's improved
property at full design occupancy and utilization, as determined by the water
meter connected to such improved property, and thereafter meter the water
usage for the improved property for a period of one year. All costs of installing
such a water meter shall be paid for by owner, and the type of water meter
to be installed and the installation thereof shall be approved and performed
by the borough. After such water usage has been metered at full design occupancy
and utilization for a period of one calendar year, should the number of equivalent
dwelling units actually consumed at such improved property be greater than
the number of equivalent dwelling units previously determined by the borough,
the owner shall pay the borough additional tapping fees based upon the actual
metered water usage. In the alternative, should the amount of equivalent dwelling
units, as determined by the actual metered water usage, be less than originally
determined by the borough, then in such event the owner shall be entitled
to a refund of the portion of the tapping fees the owner initially paid which
was in excess of the tapping fees subsequently calculated using the actual
metered water usage. Any challenge to the amount of tapping fees initially
determined to be due by the borough at time of the owner's application
must be made by such owner in writing within five days of the date the borough
determines the amount of the initial tapping fees; provided, however, that
in no event shall any challenge be allowed to minimum tapping fees based upon
one equivalent dwelling unit or to tapping fees determined for apartment complexes
or multifamily residential structure purposes. The borough reserves the right
to utilize devices and methods, in the alternative to the metering of water
being supplied to an improved property, which are, in the opinion of the borough
more suitable for the purpose of measuring the quantity and/or type of water
usage and/or sewer discharge. Such alternative devices and methods shall be
utilized at the expense of the owner of the improved property.
C.
In the event that the borough discovers or has reason to believe, within one year following the date of payment by any owner of any tapping fees for any improved property, that the application filed by any owner of such improved property seeking connection to the water system and/or sewer system was grossly inaccurate or contained misrepresentations of material facts as to the full design occupancy and utilization of the improved property which would have affected the borough's determination of the tapping fees, then the borough shall be permitted to utilize the Method 3 described in Subsections A and B hereinabove to determine actual metered water usage and/or sewage discharge and may thereupon redetermine the amount of tapping fees applicable to the improved property. If the amount of the applicable tapping fees is thereby increased, then the owner shall immediately pay to the borough a sum equal to the amount of increase in such tapping fees.
D.
Until such time as the borough has accepted tapping fees
pursuant to an owner's application, no availability of sewer and/or water
capacity shall be deemed guaranteed with respect to any improved property.
Further, the borough reserves the right to refuse to accept any tapping fees
for the reason of lack of capacity and/or for the reason that the application
submitted by the owner indicates that the applicable connections to the sewer
system and/or water system will not be made within one year from the date
of application submission.
E.
In the event that a commercial or industrial customer
increases its discharge into the sewer system or its consumption of water
in the measured year, as measured in terms of water or sewer EDU's, above
its base year use or above the highest level of use subsequent to the base
year, and higher than the base year use, the owner of the improved property
shall be responsible to pay to the borough a tapping fee in conjunction with
the additional EDU's allocable to such property as a result of the increased
discharge into the sewer system or the increase consumption of water.
F.
In the event that any owner of any improved property changes the use of said property in such a manner as to require the issuance of a new zoning permit, the Code Office will review the proposed use, with reference to the Exhibit A, EDU Schedule, to this Chapter 218, to determine:
(1)
Whether the proposed new use of said property constitutes
a change in the description of improved property set forth on such Exhibit
A applicable to said property and a change in the number of EDU's allocable
to said property as a result of the proposed new use; and
(2)
The additional number, if any, of EDU's allocable
to such property as a result of the proposed new use, in excess of the number
of EDU's allocable to said property as a result of prior use.
G.
In the event that the Code Office determines that the conversion of use will cause an increase in the number of EDU's allocable to the property in question under the proposed new use, then no zoning, housing, building, occupancy or other permits for the new proposed use shall be issued by the borough unless and until the owner of said property shall have paid to the borough the respective additional sewer tapping fee amount and additional water tapping fee amount, calculated pursuant to §§ 218-8 and 218-10 of this chapter, respectively, on account of the additional EDU's determined to be applicable to the new proposed use in accordance with the preceding Subsection E.
H.
Notwithstanding changes from time to time in the use
of a particular property, the present and subsequent owners thereof shall
be entitled to the benefit of the highest number of EDU's allocated to
and paid for such property at any time.
A.
The tapping fees shall be due and payable at the time
a determination of the tapping fee is made by the borough following receipt
of the owner's application to make any connection to the sewer system
and/or water system as provided in this article or, if the borough so permits,
the time when the borough causes the connection of any such improved property
to the sewer system and/or water system, at the cost and expense of the owner
pursuant to the provisions of the ordinances of this borough then in effect.
B.
The tapping fees shall be due and payable within 30 days
after the owner has received notice from the borough that their consumption
of water or discharge into the sewer system has increased above the base year
use in terms of EDU's which were allocable to the property in question.
The calculation and itemization of the maximum tapping fee pursuant
to Section 4B(t) of Act 203, as amended by Act 57, determined in accordance
with the replacement cost approach, is set forth in Exhibit B, attached hereto
and incorporated herein by reference thereto.[1]
[1]
Editor's Note: Exhibit B is on file in the Borough offices.
The calculation and itemization of the maximum water tapping fees pursuant
to Section 4B(t) of Act 203, as amended by Act 57, determined in accordance
with the replacement cost approach is set forth in Exhibit C, attached hereto
and incorporated herein by reference thereto.[1]
[1]
Editor's Note: Exhibit C is on file in the Borough offices.
All tapping fees imposed by the borough pursuant to this article shall
be payable to the Treasurer of the borough or to such other officer or representative
of the borough as shall be authorized, from time to time, to accept payment
thereof.
Payment of tapping fees imposed by the borough pursuant to this article
shall be enforced by the borough in any manner appropriate under laws in effect
at the time of such enforcement.
The borough may, from time to time, adopt modifications of, supplements
to or amendments of this article.
This article shall not affect any existing agreements which relate to
the subject matter of Act 203 and the tapping fees for connections to the
water system and/or sewer system. The provisions of Section 4B(z) of Act 203
shall be applicable to any agreements for extension of the sewer system and/or
water of the borough entered into after the effective date of this article.
