[Adopted 7-17-2006 by Ord. No. 1199]
For purposes of this article, the following terms shall have the meanings ascribed to them in this § 210-45, unless the context otherwise indicates:
The Catasauqua Sewer Authority, constituted and existing
pursuant to the Municipalities Authorities Act of 1945, as amended.
The five-day biochemical-oxygen demand.
The Borough of Catasauqua, a municipal corporation, incorporated
under the Borough Code.
The permitted or rated capacity of facilities expressed as
a multiple of 100 gallons per day. For nonresidential customers, at
the Borough's sole discretion, design capacity may also be expressed
in pounds of BOD5 per day, pounds of suspended
solids per day or any other capacity-defining parameter that is separately
and specifically set forth in the permit governing the operation of
the system, and based upon its original design as modified by those
regulatory agencies having jurisdiction over these facilities.
The design capacity required by a new residential customer
used in calculating the sewer tapping fees shall not exceed an amount
established by multiplying 90 gallons per capita per day times the
average number of persons per household as established by the most
recent census data provided by the United States Census Bureau. Alternatively,
the design capacity required by a new residential customer shall be
determined by a study, but shall not exceed the average residential
water consumption per residential customer plus 10% or the average
sewage flow per residential customer determined by a measured sewage
flow study. Such study shall be completed in accordance with sound
engineering practices within the most recent five years for the lesser
of three or all residential subdivisions of more than 10 lots which
have collection systems in good repair and which connected to the
Borough's facilities within the most recent five years. The study
shall calculate the average sewage flow per residential customer in
such developments by measuring actual flows over at least 12 consecutive
months at the points where such developments connected to the Borough's
sewer main.
Any structure, or part thereof, designed and intended to
be occupied as the living quarters of a single family or housekeeping
unit, and having separate kitchen and separate bathroom facilities.
Any property located within the area served by the sewer
system upon which there is erected a structure intended for continuous
or periodic habitation, occupancy, or use by human beings or animals.
The principal amount outstanding of any bonds, notes, loans
or other form of indebtedness used to finance or refinance facilities
included in the tapping fee.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property. When more than one person is
the owner of any particular parcel of improved property, all such
persons shall be jointly and severally liable for the payment of the
fees and charges imposed under this article.
Any individual, partnership, company, association, society,
corporation, or other group or entity.
A sewer line that directly connects a single building or
structure to a collection facility.
A collection facility that connects a service line to a sewer
system main.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating, or disposing of sewage and other
wastewater, other than stormwater, which are situate in or adjacent
to this Borough and owned, leased or operated by the Borough.
The design capacity of the system for which the tapping fee
is being calculated which represents the total design capacity of
the sewer system.
A.
Imposition of fee. Except as provided in Subsections C through E and in §§ 210-49 and 210-50, the owner of each improved property which is to be newly connected to the sewer system shall pay a connection fee to the Borough, in the amount in effect under Subsection B as of the time of payment, at or before the time the owner or his agent obtains a permit to connect into the sewer system. The connection fee is a charge for the cost of constructing a sewer lateral from the sewer system main to the curb or property line fronting the property to be connected, and connecting the sewer lateral to the sewer system main.
B.
Amount of standard connection fee. The standard sewer
connection fee shall be $3,255.
[Amended 11-2-2015 by Ord. No. 1319]
C.
Construction of facilities by owner.
(1)
No sewer connection fee shall be charged to any owner
who constructs the sewer lateral and connects the sewer lateral to
the sewer system main by himself or through his agent at his own expense.
However, in that event, the owner shall pay the Borough an inspection
fee for inspecting the construction of the sewer lateral and the connection
with the sewer system in the amount of $242.
[Amended 11-2-2015 by Ord. No. 1319]
(2)
In any case in which the Borough performs some of
the labor and/or provides some of the materials for the sewer lateral
construction and connection, and the owner performs or provides the
remainder, the connection fee shall be equal to the actual cost incurred
by the Borough in connection with the construction of the sewer lateral
and the making of the connection with the sewer system (including
actual inspection costs), the amount of the connection fee notwithstanding.
(3)
No owner shall have the right to construct and connect
a sewer lateral to the sewer system without the approval of the Borough,
which approval may be withheld for any reason or no reason. If the
Borough agrees to permit an owner or his agents to construct a sewer
lateral or make a sewer lateral connection, it may impose any conditions
it desires in connection with the approval, and may require the payment
of the Borough's review, inspection, administrative, legal, engineering,
and other costs, and an advance deposit or other security to insure
such payment.
D.
Exception connections. In any case in which the Borough
constructs the sewer lateral and/or makes the connection with the
sewer system, and in which the length of the sewer lateral exceeds
40 feet or the diameter of the sewer lateral exceeds six inches, the
connection fee shall be equal to the actual cost incurred by the Borough
in connection with the construction of the sewer lateral and the making
of the connection with the sewer system main (including inspection
costs).
E.
Actual costs. In determining the actual costs incurred by the Borough under Subsection C or D above, all materials used shall be billed at their cost to the Borough, time expended by Borough employees shall be billed at their hourly cost to the Borough (including benefits), time expended by Borough agents other than employees shall be billed at their cost to the Borough (to the extent that they are reasonable and do not exceed normal charge when fees are not reimbursed by property owners), and other Borough expenses (including administration, overhead, and use of equipment) shall be billed at their cost to the Borough, as reasonably estimated by the Borough. Before any work is begun by the Borough, the owner shall pay the Borough's reasonable estimate of the connection fee due; after the work is completed, the Borough shall refund any excess or charge any shortage of the estimated connection fee as compared to the actual connection fee for the work.
F.
(Reserved)
A.
In general.
(1)
All customer facilities to connect the structure served on an improved property with the sewer system at the termination of the sewer lateral shall be constructed by the owner or his agents. The construction shall be in accordance with the Borough's regulations, requirements, rules, and standards, shall be performed by a contractor acceptable to the Borough, and shall be subject to inspection by the Borough. Prior to construction, the owner must deposit with the Borough the Borough's estimated reasonable and necessary costs of review, inspection, administrative, legal, engineering, and other services in connection with the work. Inspection fees under the preceding sentence shall be in addition to any inspection fees otherwise imposed in relation to the construction of structures on the improved property or under § 210-46, Sewer connection fees. After the completion of the construction, the Borough may retain all costs actually incurred, and charge any additional amount of costs in excess of the amount deposited. However, the Borough shall make no charge for the purchase or installation of a water meter used for measuring a user's sewage discharge; such a charge may only be imposed by the Borough in relation to the connection of an improved property to the Borough's water system.
(2)
The owner shall pay the Borough an inspection fee
in the amount of $242 for inspecting the construction and connection
of the service line from the building or structure to the curb or
property line fronting the property to be connected to sewer lateral.
[Amended 11-2-2015 by Ord. No. 1319]
B.
Actual costs. In determining the actual costs incurred by the Borough under Subsection A, all materials used shall be billed at their cost to the Borough, time expended by Borough employees shall be billed at their hourly cost to the Borough (including benefits), time expended by Borough agents other than employees shall be billed at their cost to the Borough (to the extent that they are reasonable and do not exceed normal charges when fees are not reimbursed by property owners), and other Borough expenses (including administration, overhead, and use of equipment) shall be billed at their cost to the Borough, as reasonably estimated by the Borough.
C.
(Reserved)
A.
Initial connection.
(1)
New connection. Except as provided in §§ 210-49 and 210-50, the owner of each improved property which is to be newly connected to the sewer system shall pay a tapping fee to the Borough, in the amount specified under Subsection D as of the earlier of the time of connection or the time the owner or his agent obtains a permit to connect into the sewer system.
(2)
Improper connection. The owner of each improved property which is improperly connected to the sewer system without a permit shall pay a tapping fee to the Borough, in the amount specified under Subsection D as of the time of actual payment, immediately upon demand by the Borough.
(3)
Failure to make required connection. The owner of each improved property, which is not connected to the sewer system within 120 calendar days after the date the Borough serves a notice to connect such improved property to the sewer system, shall pay a tapping fee to the Borough, in the amount specified under Subsection D as of the time of actual payment, on the 121st calendar day after the date the notice was served. Service for this purpose shall be complete when a notice to connect is deposited, postage prepaid, in the United State mail, addressed to the legal owners(s) of the improved property at their last known address according to the records of the Lehigh County real estate tax office.
(4)
Amount of sewage flow.
(a)
For residential use, the amount of sewage flow for an improved property which is being assessed a tapping fee under this Subsection A shall be equal to the design capacity required by a new residential customer for the improved property as of the later of the date of payment, the date the use intended for the improved property is established, or the date the improvements contemplated for the improved property are completed.
(b)
For nonresidential use, the amount of sewage flow for an improved property which is being assessed a tapping fee under this Subsection A shall be equal to the daily anticipated amount of peak flow, as if full building utilization is being realized, for the proposed nonresidential use for the improved property as of the later of the date of payment, the date the use intended for the improved property is established, or the date the improvements contemplated for the improved property are completed.
(c)
The Borough shall have the option of estimating
the amount of sewage flow using flow calculations available from the
Department of Environmental Protection, from public utility industry
publications, or from user estimates, so long as the latter has an
empirical and readily verifiable basis, provided that no estimate
shall be made in a manner which conflicts with Acts 2003-57 or 1990-203.
(5)
Purpose. The sewer tapping fee is imposed for the
ability to use sewer system facilities to the extent of the sewage
flow associated with the use of the improved property.
B.
Increase in potential usage.
(1)
Imposition of fee. The owner of each improved property which is connected to the sewer system shall pay a tapping fee to the Borough, in the amount specified under Subsection D as of the time of payment, whenever the use of the improved property is to be changed, the use of the improved property is to be intensified, or improvements, alterations, extensions, or modifications are to be constructed or made on the improved property unless the amount of additional sewage flow for the improved property as of the date the new use intended for the improved property is established, the date the existing use of the improved property is intensified, or the date the improvements, alterations, extensions, or modifications contemplated for the improved property are completed, is less than or equal to the amount of sewage flow assigned to the improved property at the time the most recent sewer tapping fee was paid.
(2)
Time of payment. The sewer tapping fee described in Subsection B(1) shall be paid:
(a)
At or before the time the owner or his agent
obtains a building permit, if a building permit is required in connection
with the circumstances under which the tapping fee is imposed;
(b)
At or before the time the owner or his agent
obtains a zoning permit, if a building permit is not required but
a zoning permit is required in connection with the circumstances under
which the tapping fee is imposed;
(c)
At or before the time the owner or his agent
completes his improvements, alterations, extensions, or modifications,
or establishes his new use, or intensifies his existing use, if neither
a building permit, nor a zoning permit is required in connection with
the circumstances under which the tapping fee is imposed;
(d)
Immediately upon demand by the Borough, if a
building permit, or zoning permit is required but not obtained, and
activity which would have to be authorized by a valid building permit,
or zoning permit is undertaken.
(3)
Amount of sewage flow.
(a)
The amount of additional sewage flow for an improved property which is being assessed a tapping fee under this Subsection B shall be equal to:
[1]
The amount or anticipated amount of sewage flow
for the improved property as of the later of the date of payment,
the date the use (or intensified use) intended for the improved property
is established, or the date the improvements contemplated for the
improved property are completed; less
[2]
The amount of sewage flow assigned to the improved
property as of the time the most recent sewer tapping fee was paid.
(b)
The Borough shall have the option of estimating
the amount of sewage flow using flow calculations available from the
Department of Environmental Protection, from public utility industry
publications, or from user estimates, so long as the latter has an
empirical and readily verifiable basis; provided that no estimate
shall be made in a manner which conflicts with Acts 2003-57 or 1990-203.
(c)
Purpose. The sewer tapping fee is imposed for
the ability to use sewer system facilities to the extent of the amount
of additional sewage usage associated with the new, changed, or intensified
use of the improved property.
(d)
(Reserved)
C.
Excess actual usage.
(1)
Imposition of fee. The owner of each improved property which is connected to the sewer system shall pay a tapping fee to the Borough, in the amount specified under Subsection D as of the time of payment, whenever the Borough shall reasonably determine that the actual average flow of sewage from the improved property to the sewer system during the thirty-day period for which the flow is greatest in a year is more than 110% of the flow for which a sewer tapping fee has been paid with respect to the improved property.
(2)
Time of payment. The sewer tapping fee described in Subsection C(1) shall be paid within 30 days after demand by the Borough.
(3)
New or additional sewage flow. The new or additional sewage flow for which an improved property shall be assessed a tapping fee under this Subsection C shall be equal to:
(4)
Purpose. The sewer tapping fee is imposed for the
ability to use sewer system facilities to the extent of the full sewage
usage associated with the use of the improved property.
D.
Amount of fees.
(1)
For residential use, the sewer tapping fee shall be
equal to the design capacity required by a new residential customer
multiplied by the number of new dwelling units for which the fee is
being assessed multiplied by the sum of the following fee parts:
(a)
Capacity part: a capacity part in the amount
of $1,127.
[Amended 11-2-2015 by Ord. No. 1319]
(b)
Collection part: a collection part in the amount
of $780.
[Amended 11-2-2015 by Ord. No. 1319]
(c)
Special purpose part: a special purpose part,
but only with respect to customers in areas served by special purpose
facilities, as described below:
|
Special Purpose Area
|
Amount
| |
|---|---|---|
|
None established to date
|
—
| |
|
All other areas of the sewer system area
|
$0.00
|
(d)
Reimbursement part. A reimbursement part, but
only with respect to customers in the following areas served by facilities
constructed by private persons:
|
Reimbursement Area
|
Dates Applicable
|
Amount
| |
|---|---|---|---|
|
None established to date
|
—
|
—
| |
|
All other areas of the sewer system area
|
—
|
$0.00
|
(2)
For nonresidential use, the sewer tapping fee shall
be equal to the daily anticipated amount of peak flow, as if full
building utilization is being realized, for the proposed use for which
the fee is being assessed multiplied by the sum of the following fee
parts:
(a)
Capacity part: a capacity part in the amount
of $1,127 per 216 gallons per day.
[Amended 11-2-2015 by Ord. No. 1319]
(b)
Collection part: a collection part in the amount
of $780 per 216 gallons per day.
[Amended 11-2-2015 by Ord. No. 1319]
(c)
Special purpose part: a special purpose part,
but only with respect to customers in areas served by special purpose
facilities, as described below:
|
Special Purpose Area
|
Amount
| |
|---|---|---|
|
None established to date
|
—
| |
|
All other areas of the sewer system area
|
$0.00
|
(d)
Reimbursement part.
[1]
A reimbursement part, but only with respect
to customers in the following areas served by facilities constructed
by private persons:
|
Reimbursement Area
|
Dates
Applicable
|
Amount
| |
|---|---|---|---|
|
None established to date
|
—
|
—
| |
|
All other areas of the sewer system area
|
—
|
$0.00
|
[2]
Optional or mandatory reimbursement agreements
with persons who construct sewer facilities may be entered into from
time to time by the Borough in accordance with the provisions of 53
Pa.C.S. § 5607(d)(24)(i)(C)(IV).
A.
Sewer fees in general. Notwithstanding the general provisions of §§ 210-46A and 210-48A(1), in the case of any owner of an improved property which is being used for residential purposes, and is being served by a functioning on-lot septic tank which was installed before sewer lines were extended to serve the improved property, the owner may elect to pay the sewer connection fee and tapping fee described in such sections in installments in accordance with the provisions of Subsections B through D instead of paying such fees at or before the time the owner (or his agents) obtains a permit to connect into the sewer system. The election shall be made at or before the time the owner (or his agents) obtains a permit to connect into the sewer system.
B.
Installment payments. Any person who elects the relief granted by this § 210-49 shall pay to the Borough:
(1)
Fifty percent of the amount of fees which would otherwise
have been due at the time the owner (or his agents) obtains a permit
to connect into the sewer system, at or before the time the owner
(or his agents) obtains a permit to so connect; and
(2)
The remaining 50% of the amount of fees which would
otherwise have been due at the time the owner (or his agents) obtains
a permit to connect into the sewer system, plus simple interest on
that fifty-percent amount at the rate of 6% per annum from the date
the owner (or his agents) obtains a permit to so connect until payment,
on or before the first anniversary of the date the owner (or his agents)
obtains a permit to connect into the sewer system.
C.
Liens. Any owner who elects the relief granted by this § 210-49 shall be deemed to have consented to the placement of a lien on his improved property by the Borough in the amount described in Subsection B(2). The consent shall be granted on or before the date of the payment described in Subsection B(1). The owner shall pay the costs of filing and satisfying the lien, up to a maximum of $100, at the time of the payment described in Subsection B(1). Any additional costs shall be borne by the Borough.
D.
Property owner must connect. The relief provided by
this section shall only be available if the owner actually connects
to the sewer system, within the period granted by the Borough in its
notice to connect.
A.
Sewer fees in general. Notwithstanding the general provisions of §§ 210-46A and 210-48A(1), in the case of any owner of an improved property which is being used for residential purposes, and is being served by a functioning on-lot septic tank which was installed less than one year prior to the commencement of construction of a sewer system main extension which may serve the improved property; and after Borough officials informed the owner that a sewer system main extension to serve the improved property was not contemplated within a period of at least three years. The owner may elect to defer the payment of the sewer connection fee and tapping fee described in such sections until the fifth anniversary of the date the owner (or his agent) obtains a permit to connect into the sewer system, subject to the requirements of Subsections B through D. The amount of the fees so paid shall be equal to the fees in effect at the time the owner (or his agents) obtains a permit to connect into the sewer system, without adjustment for subsequent increases or for any interest or other time charges. The election shall be made at or before the time the owner (or his agent) obtains a permit to connect into the sewer system.
B.
Liens. Any owner who elects the relief granted by this § 210-50 shall consent to the placement of a lien on his improved property by the Borough in the amount of the fees so deferred. The consent shall be granted on or before the date the owner (or his agent) obtains a permit to connect into the sewer system. The Borough shall pay all the cost of filing and satisfying the lien.
C.
Property owner must connect. The relief provided by
this section shall only be available if the owner actually connects
to the sewer system within the period granted by the Borough in its
notice to connect.
A detailed itemization of all calculations clearly
showing the manner in which the fees were determined has been marked
as Exhibit A attached hereto and made a part hereof.[1]
All references to be, him, his and himself shall
be considered gender neutral, and shall be deemed to represent masculine,
feminine and neuter subjects and objects.
